Monday, January 16, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/16/12):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 1/23/12):
Thursday, January 26th
- 9:00 AM - Michael R. Kole, et al. v. Scott Faultless, et al. (94S00-1112-CQ-692) - Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of Indiana certified the following question of Indiana law for the Indiana Supreme Court’s consideration, which the Indiana Supreme Court accepted on December 20, 2011. The question, as modified slightly by the Supreme Court, is:
May a political unit reorganize into a city under Indiana Code article 36-1.5 (the “Reorganization Act”) in a manner that eliminates voting rights recognized under Indiana Code sections 36-4-5-2 and 36-4-6-3(i), including reorganization as a city with (1) a council elected entirely at large, and (2) a mayor appointed by that council?
- 9:45 AM - Shepherd Prop. Co. v. Int’l Union of Painters & Allied Trades, District 91 (49S04-1112-PL-697) - A union filed an action under the Access to Public Records Act ("APRA") against a school district to compel disclosure of payroll records submitted by a contractor. The contractor intervened in the action. The Marion Circuit Court ordered disclosure of the records and awarded attorneys fees in favor of the union and against the school district and contractor jointly and severally. On the contractor's appeal, the Court of Appeals reversed on grounds the APRA does not authorize the award of attorney's fees against the contractor. Shepherd Props. Co. v. Int'l Union of Painters and Allied Trades, Dist. Council 91, 950 N.E.2d 321 (Ind. Ct. App. 2011), on rehearing, 955 N.E.2d 208 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a 6/2/11 COA opinion, with rehearing 8/11/11. From the June opinion: "Conclusion. APRA encompasses public agencies to which specific requests for governmental affairs information are directed. As such, a private entity such as ShepCo is not liable for attorney’s fees under APRA for nondisclosure of public records. Warren Township, the public agency having denied access, is liable."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 1/16/12):
Thursday, January 19th
- 12:30 PM - Anthony Wade vs. Terex-Telelect, Inc. (29A05-1101-CT-72) - This appeal originates from a complaint alleging that Terex-Telelect, Inc. (“Terex”) was negligent under the Indiana Product Liability Act in the design of an aerial passenger bucket, which was attached to a bucket truck and from which Anthony Wade (“Wade”) fell and was rendered a quadriplegic. Wade appeals from a jury verdict in favor of Terex and asserts that the trial court erred when it: (1) denied Wade’s partial motion for directed verdict regarding Terex’s affirmative defense that its product was in conformity with the generally recognized state of the art applicable to the safety of the product; and (2) instructed the jury regarding the state of the art defense and the affirmative defense that the product complied with government regulations because there was not sufficient evidence to support giving these instruction. The Scheduled Panel Members are: Judges Kirsch, Vaidik and Bradford. [Where: Krannert Center for Executive Education Purdue University]
Next week's oral arguments before the Court of Appeals (week of 1/23/12):
Thursday, January 25th
- 1:30 PM - Joseph A. Davis vs. Herbert and Bui Simon (49A04-1101-CT-5) - In this case, Appellees Herbert and Bui Simon brought an action in the Marion County Superior Court against Joseph A. Davis, an attorney practicing in the State of California, alleging defamation and false light publicity regarding statements made during an interview with WTHR. Davis filed a motion to dismiss, alleging both lack of personal jurisdiction and, in the alternative, forum non conveniens. Following a hearing on the matter, the court denied Davis’s motion. On appeal, Davis requests this court to reverse the court’s denial of his motion, arguing that Davis did not have sufficient minimum contacts with the State of Indiana to confer specific personal jurisdiction, and in particular discusses the application of the test enunciated in Calder v. Jones, 465 U.S. 783, 104 S. Ct. 1482 (1984). Davis also argues that the doctrine of forum non conveniens should apply, noting that California is a more convenient forum. The Scheduled Panel Members are: Judges Brown, Kirsch and Baker. [Where: Indiana 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 January 16, 2012 08:57 AM
Posted to Upcoming Oral Arguments