Monday, May 07, 2012
Ind. Decisions - Upcoming oral arguments this week and next
This 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.
Next week's oral arguments before the Supreme Court (week of 5/14/12):
Monday, May 14th
- 1:00 PM - Indiana Department of State Revenue v. Miller Brewing Company (49S10-1203-TA-136) - The Department of State Revenue denied Miller’s request for a refund of taxes Miller paid on certain carrier-pickup sales, sales in which an Indiana customer submitted purchase orders to Miller’s headquarters in Wisconsin and the Indiana customer would arrange for and hire third-party common carriers to pick up products at Miller’s Ohio brewery. In this appeal, the Tax Court granted summary judgment to Miller after deciding that the carrier-pickup sales are not Indiana sales and therefore not allocable to Indiana. Miller Brewing v. Ind. Dep’t of State Revenue, 955 N.E.2d 865 (Ind. Tax Ct. 2011). The Supreme Court has granted a petition for review of the Tax Court decision.
ILB: This is a 12-page August 11, 2011 Tax Court opinion by Sr. Judge Fisher.
- 1:45 PM - National Wine & Spirits, Inc. v. Ernst & Young, LLP (49S02-1203-CT-137) - Corporate clients filed claims, including a claim of deception, against accountants based on the conduct of the accountants when presenting documents during an earlier arbitration session involving the parties. The Marion Superior Court granted the accountants summary judgment, but the Court of Appeals reversed, concluding that material issues of fact remain concerning the deception claim. National Wine & Spirits, Inc. v. Ernst & Young, LLP, 954 N.E.2d 1017 (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 Sept. 15, 2011 COA opinion.
Webcasts of Supreme Court oral arguments are available here.
This 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]
Next week's oral arguments before the Court of Appeals (week of 5/14/12):
Thursday, May 17th
- 10:00 AM - Town of Zionsville, et al v. Hamilton County Airport Authority (49A05-1107-PL-374) - The Town of Zionsville, Indiana, and the Zionsville Area Commission appeal the trial court’s judgment in favor of the Hamilton County Airport Authority. On appeal, the Town and the Area Commission contend that they, rather than the Airport Authority, have jurisdiction over zoning and planning decisions at the Indianapolis Executive Airport. The Scheduled Panel Members are: Judges Darden, Barnes and Senior Judge Shepard. [Where: Court of Appeal 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 May 7, 2012 08:49 AM
Posted to Upcoming Oral Arguments