Monday, June 08, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/8/15):
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."
Tuesday, June 16
- 9:00 AM - Stacy Knighten v. East Chicago Housing Authority, et al. (45A04-1312-CT-632) Knighten alleged that a security guard, with whom she was involved in a romantic relationship, shot and injured her. In Knighten’s personal injury action, the Lake Circuit Court granted summary judgment for the security guard’s employer and for the housing authority where the shooting occurred. The Court of Appeals affirmed in Knighten v. East Chicago Housing Authority, No. 45A04-1312-CT-632 (Ind. Ct. App. Sept. 12, 2014) (NFP mem. dec.), trans. pending. Knighten has petitioned the Supreme Court to accept jurisdiction over the appeal, citing issues related to the employer’s liability on a theory of respondent superior.
ILB: This was a Sept. 12, 2014 NFP COA opinion.
- 9:45 AM - David Anderson, Joe Wray, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann (07S01-1505-PL-284) The Brown Circuit Court awarded a summary judgment declaring that the Brown County Board of Commissioners lacks the authority to amend an ordinance by which it previously had established a fire protection district. The Court of Appeals affirmed. Anderson v. Gaudin, 24 N.E.3d 479 (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 Jan. 12, 2015 opinion re the Brown County Commissioners' ordinance establishing a county-wide fire-protection district.
- 10:30 AM - In re: the Marriage of Gertiser; Kevin Gertiser v. Ann Gertiser (Stokes) (29A02-1401-DR-43) When an ex-husband petitioned to modify spousal maintenance, the Hamilton Superior Court held a hearing and issued findings denying the ex-husband’s petition and requiring him to pay his ex-wife’s attorney’s fees. The Court of Appeals reversed and held that the trial court abused its discretion in denying the ex-husband’s petition and by ordering him to pay attorney’s fees. In re Marriage of Gertiser, 24 N.E.3d 521 (Ind. Ct. App. 2015). The ex-wife has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This was a Jan. 14, 2015 COA opinion (3rd case).
This 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)]
Next week's oral arguments before the Court of Appeals (week of 6/15/15):
Monday, June 15
- 1:00 PM - Price v. State (29A04-1408-CR-405) Amy Ann Price was convicted of four counts of Class B felony burglary. The court imposed four consecutive eight-year sentences, but it suspended three years of each sentence. On appeal, Price argues that the trial court erroneously denied her motion to suppress her confession and the evidence found in her purse because the State violated her constitutional rights under Article I, Section 11 of the Indiana Constitution by searching her purse without giving her a Pirtle warning. She also argues that she was prejudiced by the court's jury instructions, which allegedly misled the jury by emphasizing specific evidence that implied her guilt. The Scheduled Panel Members are: Chief Judge Vaidik, Judges May and Barnes. [Where: Trine University, One University Ave., Angola]
- 1:00 PM - Hameck Oil Co. v. J Group Energy I, et al (49A02-1409-PL-635) Defendants appeal and raise issues concerning whether Hameck Oil, ex-Manager of Legacy I, can invoke the Company Agreement's arbitration provision; whether the Plaintiffs' amendment to the Company Agreement was authorized by either the Company Agreement's terms, state law, or federal law and, if so, whether it was effective retroactively; whether the amendment was binding on Defendant Hameck Oil, which was no longer a party to the Company Agreement having previously resigned as Manager of Legacy I; and whether the doctrine of equitable estoppel requires Plaintiffs to arbitrate their claims against Defendants, including those that did not execute the Company Agreement. The Scheduled Panel Members are: Judge Baker, Friedlander and Kirsch. [Where: Purdue University Krannert Center, Room 124, West Lafayette]
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 8, 2015 08:15 AM
Posted to Upcoming Oral Arguments