Monday, May 05, 2014
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/5/14):
Thursday, May 8
- 9:00 AM - Evansville Courier and Press, et al v. Vanderburgh City Health (82S04-1401-PL-49) When the plaintiffs sued a county health department and sought access to certain death certificate records under Indiana’s Access to Public Records Act, the Vanderburgh Circuit Court granted the county health department summary judgment. The Court of Appeals affirmed. Evansville Courier & Press v. Vanderburgh Cnty. Health Dep’t, 993 N.E.2d 302 (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 an Aug. 30, 2013 COA opinion. The ILB has had a number of posts about this important public access case, beginning at the trial level. See particularly this post from Dec. 9, 2012, and this one from Jan. 30, 2013.
- 9:45 AM - John Luttrell v. Melinda Luttrell (49A02-1301-DR-85) The Marion Superior Court issued a decree dissolving the parties’ marriage. When the husband appealed and raised issues relating to spousal maintenance, attorney’s fees, and the division of the marital estate, the Court of Appeals affirmed in part and reversed in part. Luttrell v. Luttrell, 994 N.E.2d 298 (Ind. Ct. App. 2013). The husband has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a Sept. 12, 2013 COA opinion (2nd case).
Next week's oral arguments before the Supreme Court (week of 5/12/14):
Thursday, May 15
- 9:00 AM - TP Orthodontics, Inc. v. Andrew Kesling, et al. (46A03-1207-MI-324) In litigation between siblings who are shareholders of a closely-held corporation, a special litigation committee (SLC) was formed to investigate and evaluate derivative claims the minority shareholders sought to pursue on behalf of the corporation, and the SLC issued a report that recommended pursuing some claims but not others. The corporation moved to dismiss those claims the SLC recommended be rejected, attaching to its motion a heavily-redacted version of the SLC’s report. The minority shareholders then sought to compel production of the entire report, save one section not at issue. The trial court granted the motion to compel production, and the Court of Appeals affirmed on interlocutory appeal. The corporation, TP Orthodontics, has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was an Sept. 3, 2013 COA opinion (3rd case) concluding:
We conclude that the corporation’s arguments against production are outweighed by basic considerations of necessity and fairness. Derivative plaintiffs must show that the special litigation committee was not disinterested or did not act in good faith in order to survive a corporation’s motion to dismiss. The best evidence of whether the committee acted in good faith is the committee’s report explaining how it so acted. Not only do derivative plaintiffs need the report in order to challenge the committee’s good faith, our trial-court judges need this report to make informed decisions.
- 9:45 AM - Tin Thang v. State of Indiana (49S04-1402-CR-72) Thang was convicted in the Marion Superior Court of public intoxication as a class B misdemeanor. The Court of Appeals reversed on grounds there was no evidence that he had endangered anyone’s life, breached the peace, or harassed, annoyed or alarmed another person as required by Indiana Code section 7.1-5-1-3(a). Thang v. State, 2 N.E.3d 702 (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 was an October 31, 2013 COA opinion (5th case).
- 10:30 AM - Frank Jacobs v. State of Indiana (49S04-1403-CR-162) Following a bench trial in the Marion Superior Court, Jacobs was convicted of criminal deviate conduct and criminal confinement. On appeal, he raised issues about the exclusion of testimony about the victim’s truthfulness and testimony from a proposed sur-rebuttal witness. The Court of Appeals affirmed in Jacobs v. State, 2 N.E.3d 116 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal.
ILB: This was a Jan. 27, 2014 COA opinion (5th case).
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/5/14):
Monday, May 5
- 1:30 PM - Indiana Insurance Company v. Patricia Kopetsky (49A02-1304-PL-340) Indiana Insurance contends that the trial court erred in granting Patricia summary judgment because (1) no damages were alleged by KB Home that qualify as “property damage” under the Policies; (2) KB Home alleged economic loss only, which does not qualify as “bodily injury” or “property damage” under the Policies; (3) the damages alleged were not the result of an “occurrence” under the Policies; (4) the Policies’ “expected and intended” exclusion barred coverage; (5) the trial court erred in failing to differentiate between Indiana Insurance’s breach of contract and constructive fraud claims; and (6) the trial court erred in concluding that Indiana insurance would have to indemnify Patricia for any judgment rendered in KB Home’s favor. Patricia cross-appeals, claiming that the trial court erred in dismissing her bad faith claim against Indiana Insurance. The Scheduled Panel Members are: Judges Mathias, Bradford and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 5/12/14):
Monday, May 12
- 1:30 PM - Re: Banks v. Jamison, dba Automotive Hammerart (35A02-1308-CR-696) Appellant, Terry Banks, appeals the trial court’s order granting partial summary judgment to Appellee, Denny Jamison d/b/a Automotive HammerArt, who had previously foreclosed on a mechanic’s lien against Appellant—pursuant to Indiana’s possessory mechanic lien statute—for unpaid work done to Appellant’s car. When granting partial summary judgment to Appellee, the trial court concluded that Appellant was estopped from collaterally attacking Appellee’s mechanic’s lien and the foreclosure sale of Appellant’s vehicle.
Pursuant to Indiana Appellate Rule 41, Automobile Dealers Association of Indiana, Inc. has filed an appearance in this case as amicus curiae and has filed an appellate brief substantively aligned with Appellee. The Scheduled Panel Members are: Judges Mathias, Bradford and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, May 13
- 11:00 AM - Brill, Alan R., et al. v. Regent Communications Inc., et al. (82A01-1304-PL-174) Brill appeals a summary judgment in favor of Regent in Brill’s action for breach of contract and fraud stemming from the parties’ execution of two confidentiality agreements during negotiations for the sale of Brill’s radio stations and newspapers. Brill also challenges the trial court’s rulings on Regent’s motions to strike certain designated evidence and Brill’s motion to strike parol evidence. Regent cross-appeals the trial court’s denial of its motion to dismiss, claiming that a choice of law provision contained in the contract renders Brill’s action untimely under Virginia’s statute of limitations.
The Scheduled Panel Members are: Judges Baker, Najam and Crone.
[Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - Jeffrey Miller, et al, v. Central Indiana Community Foundation (49A04-1309-PL-451) Appellants-Plaintiffs Jeffrey M. Miller and Cynthia S. Miller (collectively, "Appellants") appeal the trial court's order granting Appellees-Defendants Central Indiana Community Foundation, Inc. and Brian Payne's (collectively, "Appellees") motion for summary judgment. In arguing that the trial court erred in granting Appellees' motion for summary judgment, Appellants contend that an issue of material fact remains as to whether (1) Appellees tortiously interfered with Mr. Miller's business relationship with the City of Indianapolis, (2) Appellees' statements were defamatory per se, (3) Appellants' lawsuit against Appellees was meritless, (4) statements made by Appellees were protected by qualified privilege, (5) Appellees were involved in a civil conspiracy to injure the Appellants, (6) Appellees caused intentional infliction of emotional distress to Mr. Miller, (7) Mr. Payne's published statements placed Mr. Miller in a false light, and (8) Mrs. Miller has suffered a loss of consortium because of Appellees' actions. Appellees, for their part, contend that the trial court properly granted their motion for summary judgment. The Scheduled Panel Members are: Judges Baker, Najam and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, May 15
- 1:00 PM - Randolph Kelly v. State (02A03-1308-CR-329) The Appellee was ordered to pay restitution of $60,000 to the victim of a DUI accident. The Appellant obtained a civil judgment of $50,000. The Appellant challenges the criminal court’s determination that the Appellee will be able to credit the $50,000 civil judgment towards the $60,000 restitution order.
The Scheduled Panel Members are: Judges Friedlander, Kirsch and Bailey.
[Where: Shortridge Magnet High School for Law and Public Policy, 3401 N. Meridian St., Indianapolis]
- 1:30 PM - Gonzalez v. Evans (29A02-1311-DR-984) Gonzalez appeals an order directing her to pay over $8,000 in attorney fees to Evans, which arose from Gonzalez's nonparty subpoena asking Evans to produce business records related to Gonzalez's ex-husband and their divorce. The trial court ordered the payment of attorney fees based on Evans's alleged "reasonable resistance" to Gonzalez's subpoena, as permitted by Indiana Trial Rule 34(C)(3). Gonzales claims there is insufficient evidence of "reasonable resistance" where the trial court eventually granted her motion to compel production of the records. Gonzalez also argues that the trial court erred in failing to award her any attorney fees in granting her motion to compel, pursuant to Indiana Trial Rule 37. The Scheduled Panel Members are: Judges Baker, Barnes and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
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 May 5, 2014 09:13 AM
Posted to Upcoming Oral Arguments