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Monday, March 19, 2012

Ind. Decisions - More on: Upcoming oral arguments this week and next

Lafayette attorney Doug Masson writes:

As if to underscore Judge Baker's concerns, the J.M. v. Review Board case to which you linked is actually not the one the Indiana Supreme Court is hearing on March 28. This was actually a case decided by the Court of Appeals on September 19, 2011.


ILB: Here is the ILB list of upcoming oral arguments posted earlier today. It includes this entry for March 28th:
9:45 AM - J.M. v. Review Board (93S02-1203-EX-138) - J.M. attempted to make up missed work time after having been told not to do so by his manager. J.M.’s employment was terminated and J.M. applied for unemployment benefits. The Review Board reversed an ALJ’s award of benefits, determining that the employer had just cause to discharge J.M. from his employment. The Court of Appeals reversed the Review Board. J.M. v. Review Board, No. 93A02-1102-EX-146 (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 was a Dec. 29, 2011 NFP opinion. In a concurring opinion Judge Baker writes: "I concur in the result reached by the majority but write separately to express my disagreement with the majority’s use of initials."

As you can see, the ILB erroneously linked to another J.M. v. Review Board, from Dec. 29, 2011, rather than the one correctly identified by Doug Masson, from Sept. 19, 2011.

Posted by Marcia Oddi on March 19, 2012 01:31 PM
Posted to Upcoming Oral Arguments