Monday, April 30, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/30/12):
Thursday, May 3rd
- 10:30 AM - Timothy W. Plank v. Community Hospitals of Indiana, Inc. (49S04-1203-CT-135) - After a jury in this medical malpractice action awarded Plank $8.5 million in damages, the trial court granted Community’s motion to reduce the award to conform to the Medical Malpractice Act’s cap on damages and entered judgment in the reduced amount. On cross-appeals, the Court of Appeals affirmed in part, reversed in part, and remanded for an evidentiary hearing on Plank’s constitutional challenges to the statutory cap on damages. Plank v. Community Hospitals of Indiana, Inc., 956 N.E.2d 731 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal. [ILB: Justice Massa's first appearance on bench.]
ILB: This was a 2-1, Oct. 26, 2011 COA opinion where the majority concludes: "We hold that Plank is entitled to an evidentiary hearing so that he can attempt to sustain his burden to prove that the statutory cap on medical malpractice awards under the Act is unconstitutional. Without a hearing, Plank has no means to satisfy his burden of proof. We need not address the merits of Plank’s constitutional challenge, which are not before us in this appeal. Finally, Community has not demonstrated that the trial court abused its discretion when it instructed the jury and, thus, Community is not entitled to a new trial."
And the dissent concludes: "In sum, because Plank could have challenged the constitutionality of the statutory damages cap either before or during trial, but he did not, I believe that he has waived his constitutional arguments. As a result, Plank should not be permitted to advance those arguments at a subsequent hearing."
For more, see this ILB entry from Oct 27. 2011.
Next week's oral arguments before the Supreme Court (week of 5/7/12):
Thursday, May 10th
- 9:00 AM - Indiana Department of State Revenue v. Virginia Garwood, et al. (82S10-1203-TA-171) - The Department of State Revenue issued jeopardy tax assessments to the Garwoods in connection with the Garwoods’ business breeding and selling dogs. The Tax Court denied the Department’s motion to dismiss the Garwoods’ original tax appeal. Indiana Dep’t of State Revenue v. Garwood, 939 N.E.2d 1150 (Ind. Tax Ct. 2010). Later, the Tax Court granted summary judgment to the Garwoods, holding the jeopardy assessments were void as a matter of law. Indiana Dep’t of State Revenue v. Garwood, 953 N.E.2d 682 (Ind. Tax Ct. 2011). The Supreme Court has granted a petition for review.
ILB: See this long list of earlier ILB entries, the most recent, from Aug. 25, 2011, headed "Court rules state overstepped by taking dogs to recoup taxes." Here is the ILB summary of the August 19, 2011 Tax Court opinion.
- 9:45 AM - Abby Allen, et al. v. Clarian Health Partners, Inc. (49S02-1203-CT-140) - Uninsured medical patients brought a putative class action for breach of contract against Clarian, alleging that the rates billed by Clarian to its uninsured patients are unreasonable and unenforceable. The trial court granted Clarian’s motion to dismiss for failure to state a claim. The Court of Appeals reversed and remanded, holding among other things that Indiana law implies a reasonable charge for services under these circumstances and that the reasonable value of the services rendered to the plaintiffs in this case requires determination by a fact-finder. Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: See this list of ILB entries, many headed "Clarian Health sued over high charges: Patients claim bills for services insurance doesn't cover are unreasonable." Here is the Oct. 12, 2011 COA opinion.
- 10:30 AM - Michael and Katherine Dodd v. American Family Mutual Insurance Co. (12S02-1203-CT-170) - After American Family denied the Dodds’ fire loss claim, the Dodds brought suit alleging, among other things, breach of contract. The trial court awarded summary judgment to American Family, holding among other things that no coverage was owed due to material misrepresentations in the insurance application. The Court of Appeals affirmed as to certain claims but reversed and remanded on the breach of contract claim, holding a material issue of fact exists whether American Family effectively voided the policy. Dodd v. American Family Mut. Ins. Co., 956 N.E.2d 769 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Here is the Novemeber 3, 2011 COA opinion.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 4/30/12):
Monday, April 30th
- 1:00 PM - Dana L. Lewis, Jr., v. State of Indiana (40A01-1106-CR-276) - Appellant-Defendant Dana L. Lewis, Jr. appeals the decision of the Jennings Circuit Court denying his Motion to Suppress statements made by Lewis to a Jennings County Sheriff’s Sergeant after Lewis asked, “Can I have a lawyer?” during a police interview regarding an alleged sex crime. Appellant argues that the statements were obtained in violation of his Fifth Amendment right to counsel, which he claims he unequivocally and unambiguously invoked. The Scheduled Panel Members are: Chief Judge Robb, Judges Friedlander and Bradford. [Where: Shortridge High School, 3401 N. Meridian Street, Indianapolis, Indiana]
Tuesday, May 1st
- 11:00 AM - Ian McCullough v. State of Indiana (49A04-1105-CR-225) - Ian McCullough appeals the post-conviction court’s denial of his petition for post-conviction relief. McCullough argues that he was denied the right to effective assistance of trial counsel. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Court of Appeals Courtroom (Webcast)]
Friday, May 4th
- 10:30 AM - James Ripps vs. State of Indiana (15A01-1109-CR-436) - James Ripps was convicted of child molesting and sentenced to eight years with six years and 300 days of his sentence suspended to probation. Among the conditions of his probation were that he not reside within one thousand feet of a school property and that he inform all persons living at his place of residence of his conviction. On May 27, 2011, the State filed a notice of probation violation alleging that Ripps had violated both of these conditions of his probation. Following a hearing, the trial court revoked Ripps’s probation and ordered that he serve the remainder of his suspended sentence. Ripps appeals the sentence, arguing that revoking his entire sentence was an abuse of discretion. The Scheduled Panel Members are: Chief Judge Robb, Judge Baker and Senior Judge Shepard. [Where: Franklin Community High School, Performing Arts Center, 2600 Cumberland Drive, Franklin, Indiana]
Next week's oral arguments before the Court of Appeals (week of 5/7/12):
Monday, May 7th
- 10:00 AM - In Re: Prosecutor's Subpoenas Regarding S.H. and S.C. (73A01-1109-CR-468) - S.C. gave birth at her home. Shortly after birth, the baby showed signs of injury. The State asked the court to grant use immunity so the parents could be compelled to submit to interrogation about the incident. The trial court granted the State’s petition, and the parents appeal on the ground a prosecutor should not be able to circumvent their constitutional right to remain silent during a pre-charge investigation by granting use immunity. The Scheduled Panel Members are: Judges Baker, May and Brown. [Where: Loogootee High School, 201 Brooks Avenue, Loogootee, Indiana]
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 April 30, 2012 07:44 AM
Posted to Upcoming Oral Arguments