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Wednesday, May 22, 2013

Ind. Decisions - Supreme Court reverses grant of transfer in Simon case, reinstates COA opinion

The Supreme Court heard oral argument on Oct. 24, 2012 in the case of Joseph A. Davis v. Herbert Simon and Bui Simon (49S04-1208-CT-498). Here is the Upcoming Oral Arguments post of the case:

When Simon and his wife sued Davis, a California attorney, for defamation and false light publicity based on a statement Davis made during a phone call with an Indianapolis-based news organization, Davis moved to dismiss, and the Marion Superior Court denied the motion to dismiss. The Court of Appeals reversed, concluding that the trial court lacks personal jurisdiction over Davis because he did not expressly aim his conduct at Indiana. Davis v. Simon, 963 N.E.2d 46 (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 is a 26-page, Feb. 29, 2012 COA opinion, where the question is whether the Simons have jurisdiction to sue Mr. Davis (of California) in Indiana. "Joseph A. Davis appeals the trial court's denial of his Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, on Grounds of Forum Non Conveniens, in favor of Herbert and Bui Simon." The trial court denied Mr. Davis' motion to dismiss. The COA panel here reverses, 2-1.

In a 4-0 Order filed May 21, 2013, Chief Justice Dickson writes:
On August 30, 2012, the Court granted a petition seeking transfer of jurisdiction over this appeal after an opinion by the Court of Appeals.

After further review of this case, including oral argument, the participating Justices are split 2-2 in their analysis whether the trial court should have denied the motion to dismiss.

When this Court is evenly divided after transfer has been granted, the decision of the Court of Appeals shall be reinstated. Ind. Appellate Rule 58(C). Accordingly, the Court of Appeals’ opinion reported as Davis v. Simon, 963 N.E.2d 46 (Ind. Ct. App. 2012), is reinstated as Court of Appeals precedent. * * *

All Justices concur in this order, except Massa, J., who is not participating.

Posted by Marcia Oddi on May 22, 2013 12:09 PM
Posted to Indiana Transfer Lists