Monday, May 11, 2015
Ind. Decisions - Transfer list for week ending May 8, 2015
Here is the Clerk's transfer list for the week ending Friday, May 8, 2015. It is two pages (and 23 cases) long.
No transfers were granted last week. There were several 3-2 splits. There was one 2-2 split, with J. Dickson not participating, in Roger Long v. Advanced Pain Management, which means the COA decision stands.
A notable denial of transfer, 4-1 with J. Massa voting to grant, is in the case of Walgreen Co. v. Abigail E. Hinchy. To refresh your memory on the Nov. 14, 2014 COA decision, see this Nov. 18, 2014 ILB post headed "Incidents involving alleged patient privacy violations can lead to negligence lawsuits that invoke HIPAA as a benchmark."
By order dated April 2, 2015, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including consideration of 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 Montgomery v. State, 22 N.E.3d 768 (Ind. Ct. App. 2014), 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 May 11, 2015 12:13 PM
Posted to Indiana Transfer Lists