Monday, July 18, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/18/11):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/25/11):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 7/18/11):
Monday, July 18th
11:00 AM[Moved to Aug. 16, 2011] - Shawnee Construction & Engineering v. Don C. Stanley, Jr. (02A04-1010-CT-610)
- 1:00 PM - Thomas Kornelik v. Mittal Steel USA, Inc., et al (45A03-1011-CT-583) - May an employee that settles with a third party, without the consent of the employer/compensation insurance carrier, subsequently seek to reduce its lien arising under the Worker's Compensation Act. The Scheduled Panel Members are: Judges Baker, May, and, Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - Joseph A. Kelley, et al, vs. Jagdish Patel, et al (79A02-1010-CT-1212) - After the death of William D. Feit, Jr. as a result of a motel fire, Joseph A. Kelley, the administrator of Feit's estate (the "Estate") filed suit against the motel's owners and the motel's liability insurer, Indiana Insurance Company. The Estate appeals the trial court's entry of summary judgment in favor of Indiana Insurance on the Estate's claim of spoliation of evidence. On appeal, the Estate raises the issue of whether it has an available third-party cause of action against Indiana Insurance for spoliation of evidence. The Scheduled Panel Members are: Chief Judge Robb, Judges Bailey, and, Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, July 19th
- 10:30 AM - John Fiederlein, M.D., vs. Alex Boutselis, M.D. and Steve Jones, M.D. (79A04-1010-PL-632 ) - John Fiederlein, M.D. filed a complaint against Alex Boutselis, M.D. and Steve Jones, M.D. alleging breach of contract, promissory estoppel, unjust enrichment, conversion, criminal conversion, interference with employment relationship, and fraud. The dispute arises in regard to an offer for Fiederlein to become a member in the medical practice where the parties were employed and which was owned by Unity Healthcare, LLC. Boutselis and Jones filed a counterclaim, requesting a refund of money they claimed was an advance paid in anticipation of Fiederlein's membership, which was never consummated. Fiederlein appeals the trial court's grant of summary judgment in favor of Boutselis and Jones as to all of Fiederlein's claims, except a portion of his unjust enrichment claim. He also appeals the trial court's denial of his motion for summary judgment on the counterclaim of Boutselis and Jones. Boutselis and Jones cross-appeal the trial court's failure to grant summary judgment in their favor as to all of Fiederlein's claims. The Scheduled Panel Members are: Judges Kirsch, Vaidik,and, Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 7/25/11):
Next Tuesday, July 26th
- 2:30 PM - Kerwin Masten and Heather Masten, vs. AMCO Insurance Company (49A02-1009-CT-998) - Kerwin Masten was injured in a four-car accident. He and his wife settled their claim with one of the drivers, Alice Derin Hanson, and sought compensation for their remaining damages pursuant to the underinsured motorist endorsement in the Mastens' insurance policy with AMCO Insurance Co. AMCO sought summary judgment, alleging that the Mastens' settlement with Hanson constituted a full set-off of its liability. The trial court granted summary judgment in favor of AMCO, and the Mastens now appeal, arguing that compensation from Hanson cannot set-off AMCO's liability because Hanson was not an underinsured driver. The Scheduled Panel Members are: Chief Judge Robb, Judges Riley and Barnes. [Where: Supreme Court Courtroom (WEBCAST)]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
The past COA webcasts which have been webcast are accessible here.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on July 18, 2011 08:46 AM
Posted to Upcoming Oral Arguments