Monday, September 28, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/28/15):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 10/5/15):
Monday, October 5
- 9:00 AM - General Electric v. Mary Geyman (49S00-1501-MI-35), Owens-Illinois v. Mary Geyman (49S00-1501-MI-36), and Larry and Loa Myers v. Crouse-Hinds, (49S00-1502-MI-119) The defendants in these three separate cases moved for summary judgment on grounds the plaintiffs' asbestos-related claims are barred by the products liability statute of repose in IC 34-20-3-1. In two of the cases, General Electric Co. v. Geyman and Owens-Illinois Inc. v. Geyman, the Marion Superior Court (Hon. Theodore M Sosin) denied the defendants' motions. In the third case, Larry and Loa Myers v. Crouse-Hinds, the Marion Superior Court (Hon. Timothy W. Oakes) granted the defendants summary judgment. The Supreme Court has accepted jurisdiction over the three appeals pursuant to Appellate Rule 56(A) and consolidated the cases for the purpose of oral argument only.
ILB: The Supreme Court took these cases under Rule 56(A), bypassing the Court of Appeals. Such motions for transfer are accepted when "the appeal involves a substantial question of law of great public importance and that an emergency exists requiring a speedy determination."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 9/28/15):
Monday, September 28
- 1:00 PM - Jay Classroom Teachers Association v. Jay School Corp. and Indiana Education Employment Relations Board (49A05-1412-PL-586) The Jay Classroom Teachers Association ("the Association") appeals from the trial court's denial of the Association's petition for judicial review. Specifically, the trial court affirmed the Indiana Education Employment Relations Board's order adopting, in part, the Last Best Offer ("LBO") of the Jay School Corporation as the Collective Bargaining Agreement ("CBA"), after the parties attempted to negotiate a CBA for 2013-14, but reached an impasse. On appeal, the Association raises two issues for our consideration. First, the Association argues that the trial court erred in concluding that the Board permissibly struck the LBO provision providing that teachers who volunteered to cover a class during the regular school day would be compensated for that work. Second, the Association contends that the trial court erred in concluding that a provision giving the school superintendent the authority to determine where on the pay scale to place the starting salary of a teacher hired after the school year began did not violate Indiana law. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Robb and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
- 10:00 AM - Brown v. IN Department of Family & Social Services (87A01-1501-PL-38) [No details of the lawsuit are provided] The Scheduled Panel Members are: Chief Judge Vaidik, Judges Robb and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
Tuesday, October 6
- 1:00 PM - Ramirez v. State (48A02-1412-CR-875) Luis A. Ramirez appeals his convictions for sexual misconduct with a minor, as a Class C felony; child exploitation, as a Class C felony; and possession of child pornography, as a Class D felony. Ramirez raises two issues on appeal. First, he asserts that the State failed to present sufficient evidence at trial to demonstrate beyond a reasonable doubt that he knew the victim was under the age of 16. Second, Ramirez contends that certain statements made by the prosecutor during closing arguments were misconduct and entitle him to a new trial. The Scheduled Panel Members are: Judge najam, Judges Bailey and Crone. [Where: Vincennes University, 1001 N. First St., Vincennes, IN]
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 September 28, 2015 07:39 AM
Posted to Upcoming Oral Arguments