Monday, February 18, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/18/13):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of (2/25/13):
- 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 2/18/13):
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)]
Next week's oral arguments before the Court of Appeals (week of 2/25/13):
Monday, February 25th
- 10:00 AM - Thomas Overton vs. State of Indiana ( 35A02-1206-CR-530) The State charged Overton with Class A felony child molesting, but after a bench trial, the trial court found Overton guilty of Class C felony child molesting. Overton filed a motion to correct error, arguing that the statute of limitations for a Class C felony charge had run by the time the State filed the charge here, but the trial court denied the motion to correct error. On appeal, Overton argues that the Class C felony conviction was improper because the statute of limitations had run. The State argues that the statute of limitations was tolled by Overton’s concealment of his crime through threats to the victim. The Scheduled Panel Members are: Judges Vaidik, Barnes and Crone. [Where: Indiana University-South Bend]
- 10:30 AM - State Farm Fire Casualty vs. Joseph Martin Radcliff, et al (29A04-1110-CT-571) On April 14, 2006, central Indiana suffered a hailstorm that caused millions of dollars in property damage and generated thousands of insurance claims. Following the storm, Joseph Radcliff created Coastal Property Management LLC (CPM) to assist homeowners in identifying storm damage, repairing that damage, and working with insurance companies to pay for repairs. Many State Farm & Casualty Co. policyholders’ claims were denied, and some of them complained to the Indiana Department of Insurance. Radcliff was retained by a number of State Farm policyholders. Two State Farm employees began investigating Radcliff for insurance fraud and forwarded their files to the authorities. The Marion County Prosecutor’s Office filed charges against Radcliff, but those charges were later dismissed. State Farm sued Radcliff and CPM for racketeering and insurance fraud in Hamilton Superior Court. State Farm alleged that Radcliff, through CPM, had a fraudulent scheme of intentionally damaging homes to simulate hail and wind damage and submitting false insurance claims. Radcliff and CPM counterclaimed alleging that State Farm defamed Radcliff by falsely accusing him of criminal conduct In June 2011, after a six-week jury trial at which forty witnesses testified, the jury found in favor of Radcliff and CPM on their defamation counterclaim and awarded them $14.5 million. After the verdict, State Farm filed a motion to correct errors in which it moved for judgment on the evidence, argued that it was entitled to a new trial under the “Thirteenth Juror Rule,” and argued that the damage award was excessive. The trial court denied State Farm’s motion. State Farm now appeals the defamation judgment arguing that its communications were protected by statutory immunity and a common-law qualified privilege for crime reporting, Radcliff failed to prove by clear and convincing evidence that State Farm acted with actual malice, and the damages are excessive. The Scheduled Panel Members are: Judges Vaidik, Barnes and Crone. [Where: Supreme Court 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 18, 2013 09:06 AM
Posted to Upcoming Oral Arguments