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Tuesday, March 19, 2013

Ind. Decisions - Supreme Court vacates earlier transfer grant in utility bucket case

Readers may remember the oral argument January 3rd in the case of Wade v. Terex-Telelect. It was the oral argument that was notable as a "teaching moment" because appellants successfully sought to bring exhibits including a "double man utility bucket," a bucket liner, and an exemplar bucket liner to the oral argument.

In an order dated March 18th the Court has now ruled:

By order dated September 27, 2012, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including considering the points presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion reported as Wade v. Terex-Telelect, Inc., 966 N.E.2d 186 (Ind. Ct. App. 2012), should be reinstated as Court of Appeals precedent. Accordingly, the order granting transfer is VACATED and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.

Posted by Marcia Oddi on March 19, 2013 12:10 PM
Posted to Ind. Sup.Ct. Decisions