Monday, February 11, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (2/11/13):
Thursday, February 14th
- 9:00 AM - Barbara Johnson, et al. v. Joseph Wysocki, et al. (45S04-1211-CT-634) - The Lake Superior Court entered judgment in favor of the homebuyers on their claim of fraudulent misrepresentation against the sellers. The Court of Appeals reversed in an unpublished memorandum decision, holding that the evidence was insufficient to support finding of fraudulent misrepresentation. Johnson v. Wysocki, 45A04-1111-CT-610 (Ind. Ct. App. July 30, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. (03S04-1211-CC-645) - The Bartholomew Circuit Court entered an order denying M & M Investment Group’s petition for issuance of a tax deed. The Court of Appeals affirmed, concluding that Indiana’s pre-tax-sale notice statute, Indiana Code Section 6-1.1-24-3, “violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected.” M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., 972 N.E.2d 889, 896 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a July 16, 2012 COA opinion.
- 10:30 AM - Mary E. Santelli v. Abu M. Rahmatullah (49S04-1212-CT-667) - The Marion Superior Court entered judgment on a jury verdict in this negligence case, in which the jury allocated fault (1% to the murdered motel guest, 2% to the motel owner, and 97% to the killer) and assessed 2% of total damages against the motel owner. The Court of Appeals reversed and remanded for a new trial on fault allocation after it concluded that the trial court erred by not instructing the jury on the motel owner’s liability under the “very duty doctrine.” Santelli v. Rahmatullah, 966 N.E.2d 661 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was an March 29, 2012 NFP COA opinion
Next week's oral arguments before the Supreme Court (week of 2/18/13):
- No arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 2/11/13):
Wednesday, February 13th
- 1:30 PM - Charles Meriwether v. State of Indiana (49A02-1208-CR-676) Charles Meriwether appeals his conviction of Class A misdemeanor possession of marijuana and Class D felony possession of paraphernalia, arguing his Fifth Amendment and Article 1, Section 14 rights to be free from self-incrimination were violated when police detained and questioned him without first giving him a Miranda warning. The Scheduled Panel Members are: Judges Riley, May and, Vaidik. [Where: Supreme Court Courtroom (WEBCAST)]
Monday, February 18th
- 4:00 PM - Danielle Helms v. Max H. Rudicel, M.D., et al (18A04-1202-CT-70) Danielle Helms sued her doctor, a nurse practitioner, an emergency physicians group, a clinic, and a hospital for malpractice related to treatment she received during her pregnancy. A federal court found the doctor and clinic were federal employees and the federal tort claims limitation period had run. The trial court determined that decision was res judicata as to Helms’s negligence claims related to the clinic or the doctor’s work there. It also found the hospital was not vicariously liable for acts by the clinic or its employees, or for acts the doctor performed at the clinic. It found the hospital might be vicariously liable for acts of the doctor and the nurse practitioner at the hospital, and it dismissed the clinic with prejudice. Helms appeals, arguing the federal decision is not res judicata because that court did not address the issues before us, and the medical providers at the clinic were apparent agents of the hospital. On cross appeal, the hospital argues it could not have vicarious liability because it told Helms its healthcare providers are independent contractors. The Scheduled Panel Members are: Chief Judge Robb, Judges May and Pyle. [Where: Supreme Court Courtroom (WEBCAST)]
Tuesday, February 19th
- 3:00 PM - J.S. v. State of Indiana ( 20A04-1207-JV-373) J.S. appeals his adjudication as a juvenile delinquent for criminal gang activity. The issues on appeal are: (1) Whether there was sufficient evidence to support the juvenile court’s true finding that J.S. committed criminal gang activity; and (2) Whether the juvenile court abused its discretion by admitting testimony on gang colors and symbols and surveillance video footage into evidence. The Scheduled Panel Members are: Chief Judge Robb, Judges Baker and Riley. [Where: Wabash College, Crawfordsville, Indiana]
- 11:00 AM - John and Janice Gresser v. Dow Chemical and Reliable Exterminators, Inc. ( 79A02-1111-CT-1014) In this appeal, John and Janice Gresser, individually and as parents and natural guardians of Elizabeth and Rebekah Gresser, allege that they were injured by a pesticide manufactured by Dow Agrosciences, LLC and applied by Reliable Exterminators. Both the Gressers and Reliable Exterminators have requested that an oral argument be scheduled. Among the questions presented in this appeal are: (1) whether the Gresser’s state law claims are preempted by the Federal Insecticide, Fungicide & Rodenticide Act; (2) whether the pesticide is defective under the Indiana Product Liability Act; (3) whether Reliable Exterminators was negligent in its application of the pesticide; (4) whether Gresser’s expert evidence is sufficient to prove causation; and (5) whether Gresser is entitled to punitive damages. The Scheduled Panel Members are: Judges Friedlander, Brown and Pyle [Where: 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 February 11, 2013 07:08 AM
Posted to Upcoming Oral Arguments