Monday, August 29, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 8/29/11):
Thursday, September 1st
- 9:00 AM - Henry Howard v. United States (94S00-1106-CQ-333) -
Pursuant to Indiana Appellate Rule 64, the United States Court of Federal Claims certified the following question of Indiana law for the Indiana Supreme Court's consideration, which the Indiana Supreme Court accepted on June 23, 2011. The question, as framed by the federal court, is:
"Under Indiana law, are railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) uses that are within the scope of the easements acquired by the railroad companies either by prescription, condemnation, or the deed at issue; and if either is not within the scope of the easements originally acquired, is railbanking with the interim tr[ai]l use a shifting public use?"
- 9:45 AM - K.D., et al.; S.S. v. Indiana Department of Child Services (49S02-1107-JC-416) - After a mother admitted to allegations that her children were in need of services ("CHINS") but their stepfather denied the allegations, the trial court adjudicated the children to be CHINS without a fact-finding hearing. The Court of Appeals reversed, holding that the stepfather was denied due process. Matter of K.D., 942 N.E.2d 694 (Ind. Ct. App., Feb. 15 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a Feb. 15, 2011 2-1 opinion reversing the trial court. The dissent begins: "I do not believe the trial court violated Stepfather‘s right to due process when it declared his step-children to be in need of services based on their Mother‘s admission to the allegations in the amended CHINS petition, without hearing evidence from Stepfather following his denial of the CHINS allegations."
- 10:30 AM - The Presbytery of Ohio Valley, Inc. v. OPC, Inc. (82S02-1105-MF-314) - The Vanderburgh Circuit Court granted summary judgment to OPC, concluding that it is the owner of certain church property. The Court of Appeals reversed and remanded with instructions to enter judgment for the Presbytery, with a declaration that OPC has no right to the property and with a constructive trust on that property in favor of the Presbytery. The Presbytery of Ohio Valley, Inc. v. OPC, Inc., 940 N.E.2d 1188 (Ind. Ct. App., Dec. 14, 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB - See summary of COA opinion here.
- Roy Lee Ward v. State of Indiana (74S00-0907-PD-320) - CANCELLED
Next week's oral arguments before the Supreme Court (week of 9/4/11):
Next Thursday, September 8th
- 9:00 AM - Allied Property and Casualty Insurance Co. v. Linda Good, et al. (85S04-1106-CV-326) -
After a fire destroyed the Goods’ house and Allied did not pay an insurance claim, Linda Good sued Allied for breach of contract, and Allied filed a counterclaim against Good and a third-party complaint against Randall Good. Allied’s motion for summary judgment was denied, and a trial resulted in judgment and damages in favor of the Goods. A divided panel of the Court of Appeals reversed, holding Allied was entitled to summary judgment because Linda Good materially misrepresented her cancellation history on her insurance application. Allied Prop. and Cas. Ins. Co. v. Good, 938 N.E.2d 227 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB - From the 2-1 Nov. 24, 2010 COA opinion: Because "ever" means "at any time," we hold the query, "Coverage ever declined, cancelled, or non-renewed," (App. at 667), refers to any policy the Goods "ever" applied for or had "at any time" in the past.
- 9:45 AM - Richmond State Hospital, et al. v. Paula Brattain, et al. (49S02-1106-CV-327) - Various state employees who had been required to work 40-hour weeks, when other employees in the same job classification worked 37.5-hour weeks for the same salary, brought a class action suit seeking back pay for the additional 2.5 minimum hours worked per week. Following a bench trial, the trial court rendered judgment in favor of the class members in an amount exceeding $42 million. The Court of Appeals affirmed in part, reversed in part, and remanded with instructions to recalculate the amount of back pay to which certain class members are entitled. Richmond State Hosp. v. Brattain, 935 N.E.2d 212, clarified on reh’g, 939 N.E.2d 1125 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is the is the state employees' back pay suit where plaintiffs were awarded $42 million in trial court. Both appellant and appellee were granted transfer. COA opinion of 10/8/10 and rehearing of 12/30/10.
- 10:30 AM - Brice L. Webb v. State of Indiana (71S05-1106-CR-329) - At Webb’s trial for murder, the St. Joseph Superior Court admitted a videotaped interview between police and Webb, and the court refused to instruct the jury on reckless homicide as a lesser included offense to murder. The Court of Appeals affirmed in a not-for-publication decision, Brice Webb v. State, No. 71A05-1007-CR-517, slip op. (Ind. Ct. App. Apr. 12, 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB - Here is the link to the NFP opinion from April 12, 2011.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 8/29/11):
Next Tuesday, August 30th
- 10:30 AM - Continental Insurance Company, et al, v. Wheelabrator Technologies, Inc., et al (49A02-1010-PL-1110) - This interlocutory appeal is a consolidated appeal from two orders issued by the Marion Superior Court denying insurers' motions for summary judgment. In their motions, the insurers claimed that appellees are not entitled to insurance coverage for pre-1986 claims under assignments made without their consent of various policies of insurance issued by the insurers to named insured who were predecessors in interest to the appellees. At issue is whether the trial courts' decisions contravene Travelers Casualty & Surety Co., Inc. v. United States Filter Corp., 895 N.E.2d 1172 (Ind. 2008). The Scheduled Panel Members are: Judges Kirsch, Vaidik, and, Mathias. [Where: Supreme Court Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 9/4/11):
- No arguments currently scheduled.
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 August 29, 2011 09:07 AM
Posted to Upcoming Oral Arguments