Monday, June 01, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/1/15):
Thursday, June 4
- 9:00 AM - State of Indiana v. John Buncich (45S00-1409-PL-587) IC 2-11-1.5-3-4 requires that a committee of the Lake County Board of Elections identify precincts with fewer than 500 active voters and determine the potential savings in the administration of elections resulting from the combination of small precincts, and requires the Board to adopt an order implementing the committee’s findings. The Lake Superior Court declared the statute was unconstitutional as a violation of Indiana Constitution Article 4, section 23 (prohibiting special legislation) and Article 3, section 1 (relating to the separation of powers). This is a direct appeal. See Ind. Appellate Rule 4(A)(1)(b).
- 10:30 AM - Anonymous Physician, et al. v. Richard L. Rogers (82A03-1401-CT-1) Patient sued physician for malpractice. The Allen Superior Court denied physician’s motion for summary judgment, finding a question of fact as to when the statute of limitations on patient’s claim began to run. The Court of Appeals reversed in a divided opinion, holding physician’s actions did not constitute a “continuing wrong,” and patient’s claim was barred by the medical malpractice statute of limitations. Anonymous Physician v. Rogers, 20 N.E.3d 192 (Ind. Ct. App. 2014). Patient has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was 2-1 Nov. 22, 2014 COA opinion, holding: "Concluding that Physician’s last act of negligence occurred January 7, 2009 and that the doctrine of continuing wrong does not apply, Rogers’s claim is barred by the Medical Malpractice Act’s occurrence-based statute of limitations."
Thursday, June 11
- 10:00 AM - Goodrich Quality Theaters, Inc., et al. v. Fostcorp Heating & Cooling, et al. (no case# provided) The Porter Superior Court entered a judgment for the contractors in their mechanic's lien actions and awarded each contractor attorney's fees against the general contractor. The Court of Appeals affirmed the judgments on the mechanic's liens, but reversed the awards of attorney's fees on grounds the mechanic's lien statute permitting attorney's fees applies only to a property owner. Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc., 16 N.E.3d 426 (Ind. Ct. App. 2014), affirmed on rehearing, 23 N.E.3d 28 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted petitions to transfer and has assumed jurisdiction over the appeal.
ILB: This was an Aug. 20, 2014 COA opinion; there was an opinion on a motion for rehearing on Dec. 15, 2014. Transfers were granted to Appellee-Johnson Carpet, Inc.; Appellee-Wilson Iron Works, Inc.; and Appellee-Fostcorp Heating and Cooling Inc.
- 10:45 AM - Ray Clifton v. Ruby McCammack (49S02-1504-CT-228) A moped operator was negligently struck and killed by another motorist, and the deceased’s father appeared at the scene while the deceased was still there. The father sued the other motorist for negligent infliction of emotional distress. The Marion Superior Court granted the other motorist summary judgment after concluding the father’s claim fails to meet the requirements for bystander recovery. The Court of Appeals reversed and remanded, holding that the father is entitled to summary judgment and to a trial on damages. Clifton v. McCammack, 20 N.E.3d 589 (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 Nov. 24, 2014 COA opinion that concluded: "Clifton’s claim satisfies the bystander rule and ... he has alleged serious emotional trauma that is of a kind and extent normally expected to occur in a reasonable person under similar circumstances."
This week's oral arguments before the Court of Appeals (week of 6/1/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 6/8/15):
Monday, June 8
- 1:30 PM - Jordan v. State (49A04-1410-CR-467) Lakisha Jordan appeals her convictions for resisting law enforcement as a class A misdemeanor and disorderly conduct as a class B misdemeanor. Jordan argues that her statements were political and that the State failed to prove that she abused her right to engage in protected speech under the Indiana Constitution. She also argues that there was no evidence that she resisted law enforcement. The Scheduled Panel Members are: Judges Crone, Brown and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - Parkview Hospital, Inc. v. FSSA & Methodist Hospital, Inc. (02A03-1408-PL-296) This case involves FSSA's decision not to consider information that Parkview submitted or wished to submit more than five months late in order to be considered eligible for certain Medicaid disproportionate share hospital payments. The issues raised include whether the decision of the Secretary of FSSA was arbitrary, capricious, or unsupported by substantial evidence; whether a forfeiture claim founded upon contract principles is available to Parkview; and whether the absence of material terms regarding payments affects a party's reasonable expectation of receiving payments. The Scheduled Panel Members are: Judges Riley, Robb and Brown.. [Where: Supreme Court 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 June 1, 2015 08:29 AM
Posted to Upcoming Oral Arguments