Monday, July 25, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/25/11):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 8/1/11):
- 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 7/25/11):
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)]
Next week's oral arguments before the Court of Appeals (week of 8/1/11):
Next Wednesday, August 3rd
- 11:00 AM - Kroger Co. et al. v. Planning Commission of the Town of Plainfield (32A04-1012-MI-751) - Appellants-Petitioners The Kroger Company and Kroger Limited Partnership I (collectively "Kroger") appeal the trial court's denial of Kroger's motion for summary judgment in which Kroger sought relief from the Appellee-Respondent Plan Commission of the Town of Plainfield ("Plan Commission") denial if its petition to construct a fuel center as part of its retail store operations at 1930 East Main Street in Plainfield. Specifically, Kroger contends that the trial court erred in denying its motion for summary judgment because the Plan Commission's denial did not satisfy the "Specificity Requirement" of the Zoning Enabling Act, which is codified at Indiana Code section 36-7-4-1400, et al. The Scheduled Panel Members are: Judges Baker, May, and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - Abby Allen and Walter Moore v. Clarian Health Partners, Inc. (49A02-1011-CT-1174) - The Appellants were uninsured recipients of care at Clarian North Hospital in Carmel. When they arrived at the Hospital, in exchange for care they signed contracts in which they guaranteed to pay for services received. Those contracts did not specify a price to be paid. Following their receipt of care, the Hospital billed the Appellants at the Hospital's "chargemaster" rates, which totaled more than $16,000. The Appellants filed suit on behalf of themselves and a putative class. In their complaint, the Appellants alleged that the Hospital charged them unreasonable fees. As evidence of the unreasonableness of the fees, the Appellants alleged that the Hospital would have settled for less than half of the chargemaster rates if the Appellants had been insured either through a private insurance company or a government program. The Appellants also alleged that, if they had been Indiana state prisoners at the time of care, the Hospital would have been bound by Indiana law to accept final payment of not more than 65% of the chargemaster rates. The Hospital moved to dismiss the complaint for failure to state a claim upon which relief may be granted, pursuant to Indiana Trial Rule 12(B)(6). The trial court granted that motion, and this appeal ensued. The Scheduled Panel Members are: Chief Judge Robb, Judges Najam and Crone. [Where: Court of Appeals 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 25, 2011 08:16 AM
Posted to Upcoming Oral Arguments