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Monday, May 05, 2014

Ind. Decisions - Transfer list for week ending May 2, 2014 [Updated]

[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the Dec. 20, 2013 list.]

Here is the Clerk's transfer list for the week ending Friday, May 2, 2014. It is two pages (and 24 cases) long.

Four transfers were granted last week.

One was a transfer with opinion, Brewington v. State, see ILB summary here from May 1, 2014.

In another, Gerardo Nino-Romero v. State of Indiana, the Court ordered:

Transfer Granted, the 10/1/13 order dismissing this appeal and the 1/16/14 order denying rehearing are vacated, and the case is remanded to the Court of Appeals for further proceedings. We express no opinion on the merits. - All Justices concur.
Transfer was granted in Jason Young v. Hood's Gardens, Inc., a 2-1, Dec. 17, 2013 COA opinion (3rd case) where the dissent begins: "This case illustrates once again the marked difference in summary judgment procedure in Indiana as compared to federal practice."

Finally, transfer was granted to both Appellee - Central IndianaEthanol, Inc. and to Appellee - Indiana Dept. of Env. Mgmt, in the case of Natural Resources Defense Council v. Poet Biorefining-North Manchester, LLC, Poet Biorefining-Cloverdale, LLC, Central Indiana Ethanol, Inc., and Indiana Department of Environmental Management, Green Plains Bluffton, LLC, and Anderson Clymers Ethanol, LLC, which was argued before the Supreme Court on May 1st, 2014. This was an April 30, 2013 COA opinion (7th case) concluding: "The issue before us is whether the State could properly exclude fuel-grade ethanol production plants from the category of “chemical process plants” without Environmental Protection Agency (EPA) approval of a modification to the Indiana State Implementation Plan (SIP). As it could not, the ethanol plants remain “chemical process plants,” and we must reverse the trial court."

Transfer granted on April 3, 2014 in the case of Don H. Dumont, M.D. v. Penny Davis and Nicole Anderson, as Co-Administratrixes of the Estate of Charmitta Jordan, Deceased is, as of May 2nd, "now vacated, and Transfer is Denied - All Justices concur." [Updated 5/7/14 - the Court today posted the order revoking transfer and reinstating the COA precedent.]

Posted by Marcia Oddi on May 5, 2014 09:28 AM
Posted to Indiana Transfer Lists