Monday, May 04, 2015
Ind. Decisions - Upcoming oral arguments this week and next [NOW CURRENT]
This week's oral arguments before the Supreme Court (week of 5/4/15):
Thursday, May 7
- 9:00 AM - Serenity Springs v. LaPorte County Convention & Vistors Bureau (46A04-1309-MI-470) [The court calendar indicates this argument has been cancelled] After the Visitors Bureau publicly announced it had chosen "Visit Michigan City LaPorte" as its branding identifier, Serenity Springs registered the internet domain name visitmichigancitylaporte.com. The Visitors Bureau filed a complaint against Serenity Springs. The LaPorte Superior Court entered judgment for the Visitors Bureau, concluding Serenity Springs had committed common law trade name infringement and other torts categorized as unfair competition. The Court of Appeals reversed. Serenity Springs, Inc. v. LaPorte Cnty. Convention and Visitors Bureau, 13 N.E.3d 487 (Ind. Ct. App. 2014). The Visitors Bureau has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is Serenity Springs II, a 2-1 opinion decided July 16, 2014 (2nd case). Serenity Springs I was decided by the COA on April 15, 2013 (1st case). In "I" the claims were trademark infringement and cybersquatting.
[BTW, the ILB mentioned this case in a brief March 24th post on Ted Cruz and Paul Ryan.]
- 9:45 AM - Robert Masters v. Leah Masters (02S04-1504-DR-156) As part of the final decision in this marital dissolution, the arbitrator ordered the husband to pay $95,000 of the wife’s attorney’s fees, and the Allen Superior Court adopted that decision. The Court of Appeals reversed and remanded, holding that the arbitrator’s decision on attorney’s fees was clearly erroneous. Masters v. Masters, 20 N.E.3d 158 (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 an Oct. 29, 2014 COA opinion (2nd case).
- 10:30 AM - Robin Eugene Montgomery v. State of Indiana (82S01-1504-CR-157) Following a jury trial in the Vanderburgh Superior Court, Montgomery was convicted of dealing in methamphetamine, a class B felony, and other offenses. The Court of Appeals affirmed, addressing as a matter of first impression whether admission of “National Precursor Log Exchange” records violates a defendant’s right of confrontation under the Sixth Amendment. Montgomery v. State, 22 N.E.3d 768 (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 Dec. 11, 2014 COA opinion (3rd case).
- 9:00 AM - Huntington National Bank v. Car-X Associations Corp. (64S04-1504-MF-187) The Porter Superior Court granted Car-X Associates Corporation a default judgment and later denied Huntington National Bank’s motion to set aside that default. The Court of Appeals reversed and remanded. Huntington Nat’l Bank v. Car-X Assocs. Corp., 22 N.E.3d 687 (Ind. Ct. App. 2015), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 2-1 Dec. 2, 2014 COA opinion (1st case) that held: "Finding that Huntington has established that it was entitled to relief from the default judgment by demonstrating excusable neglect and a meritorious defense, we conclude the trial court abused its discretion in denying Huntington’s Trial Rule 60(B)(1) motion to set aside the default judgment."
- 9:45 AM - SCI Propane, LLC v. Courtney Frederick (55A04-1211-PL-586) After Stephen Frederick was killed in a residential propane gas explosion, leaving a surviving spouse and dependent child, his Estate brought a claim against several defendants under the General Wrongful Death Statute, Indiana Code section 34-23-1-1. Following a jury trial and settlements, the Estate received an award of damages, and in subsequent proceedings, the Morgan Superior Court awarded attorney fees to the Estate. The Court of Appeals affirmed in part and reversed in part, holding the General Wrongful Death Statute permitted an award of attorney fees where the decedent left dependents, but determining the award should be limited to the amount of fees the plaintiff actually incurred. SCI Propane, LLC v. Frederick, 15 N.E.3d 1015 (Ind. 2014), reh’g denied, trans. pending. Both parties have petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was an August 13, 2014 COA opinion.
- 10:30 AM - JP Morgan Chase Bank v. Claybridge Homeowners Assoc. (29S02-1504-MF-188) After the homeowners association filed this foreclosure action and a notice of lis pendens, the Hamilton Superior Court granted a judgment to the homeowners association and denied the bank’s subsequent motion to intervene. The Court of Appeals reversed and remanded, concluding the bank was entitled to intervene and its motion was timely. JP Morgan Chase Bank, N.A. v. Claybridge Homeowners Ass’n, Inc., 19 N.E.3d 324 (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 an Oct. 22, 2014 COA opinion (4th case), holding: "Based upon the record and under the circumstances, and keeping in mind that the timeliness requirement should not be employed as a tool to sanction prospective intervenors but to insure the original parties are not prejudiced by an intervenor’s failure to apply sooner, we conclude that the JPMorgan as the prospective intervenor met its burden under Trial Rule 24(A) and that its motion was not untimely. "
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/4/15):
Wednesday, May 6
- 11:00 AM - City of Evansville et al v. Magenheimer (82A01-1409-PL-398) On Sept. 10, 2011, police ordered Benjamin Magenheimer to leave the Evansville City Zoo for openly carrying a firearm. Magenheimer brought suit under the Indiana Firearm Preemption Act, which generally bars political subdivisions from regulating firearms. The City of Evansville argues that actions brought under this statute are subject to the Indiana Tort Claims Act because violations of the statute by political subdivisions are torts. Magenheimer argues that his cause of action is purely statutory and not based in tort and that, therefore, the ITCA does not govern.
The Scheduled Panel Members are: Judges Baker, May and Sr. Judge Barteau. [Where: Tropicana Evansville,
421 NW Riverside Drive,
Evansville, IN 47708
ILB: For some of the posts on this case and the related Hammond gun case (Samuel G. Dykstra and Michelle L. Bahus v. The City of Hammond), start with this list.
Thursday, May 14
- 10:00 AM - Merrillville 2548 Inc. v. BMO Harris Bank (45A03-1409-MF-345) In 2006, MCSS Merrilville, L.L.C. (“Borrower”), executed a promissory note (“the Note”) and leasehold mortgage (“the Mortgage”) as security for the note in favor of Amcore Bank, N.A., who at some point assigned the debt and mortgage to Appellant-Plaintiff BMO Harris Bank, N.A., (“BMO Harris”). Borrower had entered into a lease (“the Lease”) for real property in Century Plaza in Merrillville (“the Parcel”), on which it operated a Golden Corral restaurant. Since 2007, however, Appellee-Intervenor GC 2548, Inc. (“GC 2548”), has actually operated the restaurant, although it has never been made party to the Lease and there is no evidence of any assignment of rights under the Lease from Borrower to GC 2548. In 2013, BMO Harris sued Borrower and various guarantors for breach of contract (i.e., the Note), foreclosure, and appointment of a receiver. In May of 2013, GC 2548 moved to intervene, claiming tenancy and a possessory interest in the Parcel. Eventually, BMO Harris moved for default judgment against Borrower and all but one of the guarantors and for an order of possession of the leasehold interest. In August of 2014, the trial court entered default judgment against Borrower and all but one of the guarantors and ruled that any right to possession by any of those parties was barred. The trial court ultimately ruled that (1) BMO Harris’s default judgment against Borrower entitled it to foreclose on its interest in the Parcel, (2) Article 9 of the Indiana UCC dictated the result of this case and not Indiana Code provisions governing mortgage foreclosure actions, and (3) GC 2548 was bound by the default judgment against the defendants and was given thirty days to vacate the Parcel. On appeal, GC 2548 contends that (1) the trial court erred in concluding that Article 9 applied, (2) GC 2548 is an equitable assignee of Borrower’s Lease, and (3) the equitable assignment of the Lease terminated BMO Harris’s security interest. BMO Harris counters that (1) GC 2548 waived certain arguments (2) GC 2548 was bound by the default judgment against defendants, (3) Article 9 of the UCC applies, (4) GC 2548 is not entitled to equitable relief, (5) the trial court correctly entered its order of possession in favor of BMO Harris. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Kirsch and Bradford. [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. [Note: This may be changing...]
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 4, 2015 08:50 AM
Posted to Upcoming Oral Arguments