Monday, September 16, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/16/13):
- No arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 9/23/13): Thursday, September 26
- 9:00 AM - Indiana Newspapers, Inc. v. Jeffrey M. Miller, et al. (49S02-1305-PL-311) - The Marion Superior Court granted Miller’s discovery request for information about an anonymous defendant who posted an allegedly defamatory comment on the Indianapolis Star’s webpage, and the Star appealed. The Court of Appeals dismissed the appeal, concluding that the order being appealed is interlocutory and that the Court of Appeals lacks subject matter jurisdiction over the appeal. Indiana Newspapers, Inc. v. Miller, 980 N.E.2d 852 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: Here is the Dec. 7, 2012, 2-1 COA order dismissing the appeal.
- 10:05 AM - Jason Wilson v. Kelly Myers (71S03-1305-DR-399) - The St. Joseph Superior Court modified a prior child custody order to give the mother primary custody of parties' two children. The Court of Appeals affirmed, rejecting the father's arguments that the procedure and the order were deficient. Wilson v. Myers, No. 71A03-1204-DR-153 (Ind. Dec. 12, 2012), (NFP mem. dec.). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Dec. 12, 2012 NFP COA opinion, where the COA writes: "At issue today is Wilson’s contention that he is entitled to reversal of an order modifying primary physical custody of the parties’ two children from Wilson to Myers because of the trial court’s lack of formality during various proceedings."
- 10:50 AM - Christopher Groce, et al. v. American Family Insurance Co., et al. (48S02-1307-CT-472) - After the Groces's home was destroyed by a fire, they filed a complaint against their insurance agent and American Family Insurance Company, alleging the agent negligently failed to obtain a homeowner's policy with 100% replacement coverage as represented. The Madison Circuit Court entered summary judgment for the defendants. The Court of Appeals affirmed, concluding the claim was barred because the two-year statute of limitations began to run on the date the policy commenced and was not tolled by the agent's alleged representation. Groce v. Am. Family Ins. Co., 986 N.E.2d 828 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a March 6, 2013 NFP opinion: "The Groces appeal and present a single dispositive issue, namely, whether their claims are barred by the applicable statute of limitations. We affirm."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/16/13):
Tuesday, September 17th
- 1:00 PM - Patricia Terkosky vs. Indiana Department of Education (49A02-1212-PL-1000) Terkosky was employed by a Special Education Cooperative as a special needs teacher for twenty-three years, and most recently had been working at Worthington Elementary School as a special education teacher. In March 2010, the Superintendent of Public Instruction initiated procedures to “revoke” Terkosky’s teaching license for “immorality” and “misconduct in office.” The revocation procedures stemmed from four separate incidents involving Terkosky and various students, including: (1) having a student stand between an easel and the chalkboard, repeatedly striking the easel with a yardstick, and subsequently draping a plastic cover over the head and neck of the student; (2) slapping a child in the face and causing the child to cry; (3) grabbing a child’s arm possibly resulting in bruising and sitting her down roughly in a chair; and (4) “popping” a student in the mouth because the student called her a “meanie” and forcing that child to ride the second bus home from school that day. An ALJ issued an order suspending Terkosky’s teaching license for two years which was affirmed by the trial court. The Scheduled Panel Members are: Judges Baker, Bradford, and Brown. [Where: Franklin College, 101 Branigin Blvd., Franklin, Indiana]
Next week's oral arguments before the Court of Appeals (week of 9/23/13):
Tuesday, September 24th
- 10:00 AM - A.C. v. N.C. [ILB: or is it N.J.?] ( 75A03-1209-CR-402) A.C. and N.J. were in a same-sex domestic relationship, during which they decided to have a child. N.J. was artificially inseminated using sperm from an unidentified donor, and she gave birth to C.J. in April 2008. A.C. and N.J. split up in August 2010, and, with N.J.’s consent, A.C. had regular visitation with C.J. for approximately nine months. Thereafter, N.J. ended all contact between A.C. and C.J. A.C. subsequently filed an action seeking joint custody and visitation with C.J., which the trial court denied. A.C. now appeals. The Scheduled Panel Members are: Judges Baker, Baker, Friedlander, and, Vaidik.
[Where: Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - William Klepper v. Ace American Insurance, Inc. (15A05-1212-CC-645) In 2005, William Klepper brought a class action lawsuit against Pernod Ricard, LLC, d/b/a Seagrams Lawrenceburg Distillery (“Pernod”) alleging that emissions from the distillery had discolored and degraded the exterior of nearby buildings. ACE American Insurance Company (“ACE”) and XL Insurance Company (“XL”) insured Pernod. In 2009, the Class, Pernod, and XL entered into a settlement agreement, which called for ACE to contribute $3,000,000 toward the $5,200,000 judgment and released Pernod and XL from liability. ACE did not consent to the settlement, and Klepper, as Pernod’s assignee, sued ACE. Eventually a Special Master was appointed to decide six coverage-related issues. After the Special Master concluded that Pernod breached the insurance contract by entering into the agreed judgment without ACE’s consent, the trial court adopted the Special Master’s report and entered final judgment on the six issues decided by the Special Master. Klepper now appeals, and ACE cross-appeals. The Scheduled Panel Members are: Judges Barnes, Crone, 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 September 16, 2013 08:43 AM
Posted to Upcoming Oral Arguments