Monday, October 05, 2015
Ind. Decisions - Upcoming oral arguments this week and next
This 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."
- 9:45 AM - Tom Bonnell v. Ruby A. Cotner, Douglas Wayne Cotner, Arthur J. Johnson, Jimmy J. Johnson, and Jerry L. Johnson (49S00-1501-MI-35) In a dispute over ownership of land, the Pulaski Circuit Court held a bench trial and entered a judgment declaring the land’s owner to be Bonnell, who had received a deed from the board of county commissioners following the board’s own receipt of a tax deed for the land. The Court of Appeals reversed and remanded with instructions to enter judgment for the Cotners on their claim for adverse possession of the land. Bonnell v. Cotner, 35 N.E.3d 275 (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 June 4th COA opinion, holding:
The Cotners’ issue on cross-appeal is both dispositive and an issue of first impression: whether adverse holders of real property can be divested of their title by a subsequent tax sale of the property when the adverse holders’ title is premised on a reasonable and good faith—albeit mistaken—belief that they are paying the proper taxes on the property. On these facts, we hold that the subsequent tax sales did not divest the adverse holders of their title to the real property. As such, we reverse the trial court’s judgment for Bonnell and remand with instructions for the court to enter judgment for the Cotners.
Next week's oral arguments before the Supreme Court (week of 10/12/15):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 10/5/15):
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]
Tuesday, October 13
- 1:30 PM - Patchett v. Lee (29A04-1501-CT-1) On July 5, 2012, Ashley N. Lee and Mary K. Patchett were involved in an automobile accident. Lee sustained serious injuries, and Patchett admitted fault for the accident. Lee was billed a total of $87,706.36 to treat her injuries by her medical providers. At the time of the accident, Lee was insured under the Healthy Indiana Plan ("HIP"), which paid Lee's medical providers a total of $12,051.48 in full satisfaction of her bills. Lee filed a complaint for damages against Patchett, and, while a jury trial was pending, Lee filed a motion in limine seeking to prevent Patchett from introducing evidence of the HIP payments. The motion was addressed at a pretrial conference, and on Oct. 16, 2014, the court issued an order granting Lee's motion. Patchett brings this discretionary interlocutory appeal from the court's order, arguing that evidence of the amount paid by HIP in full satisfaction of Lee's medical bills was admissible to prove the "reasonable value of medical services," which is the amount of damages Lee is entitled to recover, under the Indiana Supreme Court's opinion in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), and the collateral source statute, Ind. Code Section 34-44-1-2. The Scheduled Panel Members are: Judges Riley, Brown and Altice. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Wartell v. Lee (87A01-1501-PL-38) Dr. Michael Wartell ("Wartell"), former chancellor of Indiana University Purdue University Fort Wayne ("IPFW"), filed a complaint against Lawrence Lee ("Lee") alleging, among other claims, defamation per se based on the contents of private letter that Lee sent to former Purdue president Dr. France Cordova ("Cordova") urging her to deny Wartell's request for an exception to Purdue's retirement policy. The letter generally remarked concerning Wartell's character and integrity, and Wartell's request for an exception to the policy was denied, requiring him to retire.
Lee filed a motion for summary judgment, and the trial court granted his motion on Wartell's claim of defamation per se. Wartell now appeals. The sole issue for our review is whether the trial court erred in concluding that Lee's statements made in the letter to Cordova did not constitute defamation per se as a matter of law.
The Scheduled Panel Members are: Judges Mathias, Barnes and Crone. [Where: Allen County Courthouse, Courtroom 1, Fort Wayne, IN]
[ILB: Here is a long list of earlier posts on the Wartell litigation.]
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 October 5, 2015 07:59 AM
Posted to Upcoming Oral Arguments