Monday, February 15, 2016
Ind. Decisions - Upcoming oral arguments this week and nextThis week's oral arguments before the Supreme Court (week of 2/15/16):
- No oral arguments currently scheduled
- No oral arguments currently scheduled
This week's oral arguments before the Court of Appeals (week of 2/15/16):Tuesday, February 16
- 10:20 AM - Ryan v. TCI Architects, et al (49A02-1508-CT-1198) Ryan was injured while working on a construction project. Ryan worked for Romines, a subcontractor to Craft, who was a subcontractor to the general contractor, TCI. Ryan sued TCI, claiming it had a duty to provide him a safe workplace and its breach caused his injury. Ryan moved for partial summary judgment, claiming TCI had a non-delegable contractual duty toward him. TCI moved for summary judgment on duty, breach, and responsible cause. The trial court denied Ryan's motion, finding " genuine issues of material fact exist with regard to the essential element of duty." But it then granted the TCI motion, finding there were not any genuine issues of material fact. On appeal, Ryan argues that the language in the TCI contract is a "plain English" version of an American Institute of Architects (AIA) form contract that we have held in prior decisions creates a duty of safety by the builder on a construction site. The language is in fact a form contract from the Design-Build Institute of America (DBIA), not the AIA, and TCI argues the language is significantly different. It does not appear that there is case law interpreting the DBIA contract language. TCI also argues there was no breach and no proximate cause. The Scheduled Panel Members are: Judges Najam, Riley and May. [Where: Indiana State Library, 315 W. Ohio St., Indianapolis, IN]
- 1:00 PM - IHSAA v. Cade, Nasir, et al (45A03-1503-PL-84) During a February 2015 boys varsity basketball game between Griffith High School and Hammond High School, an on-court fight broke out involving players, students, coaches, and parents. The Commissioner of the Indiana High School Athletic Association ("IHSAA") sanctioned both schools as a result. The sanctions included canceling the remainder of the schools' seasons, suspending them from participation in the state tournament, and imposing probation for the 2015-16 school year, as well as educational requirements for each coach and athlete. Both schools appealed the Commissioner's decisions to the IHSAA's Review Committee, which upheld the decisions. The schools then sought a preliminary injunction in court. Following a hearing, the trial court preliminarily enjoined the IHSAA from enforcing its suspension of the schools from participating in the state tournament. The IHSAA brings this interlocutory appeal, contending the trial court erred in granting injunctive relief. The Scheduled Panel Members are: Judges Robb, Barnes and Altice. [Where: Ivy Tech Community College-Lafayette]
Friday, February 19
- 1:00 PM - Day v. State (24A05-1506-CR-724) Michael Day was convicted of disorderly conduct for a domestic incident in which he yelled at and was hostile to his wife inside their home. When police responded to the wife's 911 call, they were able to hear the yelling from outside the home. Day appeals his conviction, contending that the evidence is insufficient to support a finding that he committed disorderly conduct because that crime is an offense against the public order, and fighting in one's own home should not qualify. The Scheduled Panel Members are: Judges Baker, Robb and Altice. [Where: Brownstown Central High School]
Next week's oral arguments before the Court of Appeals (week of 2/22/16):Monday, February 22
- 11:00 AM - Caterpillar Inc. v. Sudlow (79A02-1507-CT-801) William Sudlow was fired from his employment with Caterpillar after he left a partially visible handgun in his vehicle in the parking lot. Caterpillar argues that Sudlow violated the employer's firearm policy, which Caterpillar contends prohibits weapons in vehicles unless they are stored out of sight. Sudlow argues that the termination of his employment violated Indiana's Firearms Statute. The trial court ruled in Sudlow's favor, and Caterpillar now appeals. The Scheduled Panel Members are: Judges Baker, Bradford and Pyle. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, February 24
- 10:30 AM - ESPN Inc. and Paula Levigne v. University of Notre Dame Security Police Department (71A05-1505-MI-381) Appellants/Plaintiffs ESPN Inc. and Paula Lavigne (collectively, "ESPN") appeal the trial court's order granting Appellee/Defendant, University of Notre Dame Security Police Department's ("NDSP"), motion to dismiss. The motion was based on ESPN's complaint alleging that NDSP was a "public agency" under Indiana's Access to Public Records Act ("APRA") and should accordingly be compelled to produce incident reports on certain student-athletes. The trial court's judgment in favor of NDSP was based, in part, on the fact that between 2003 and 2011, three different Public Access Counselors had issued opinions to the effect that private colleges that appointed campus police officers were not public agencies under APRA.
The State of Indiana filed a friend of the court brief that is aligned with ESPN. The State argues that every police officer exercising delegated state authority should be subject to public scrutiny through the APRA. South Bend Tribune and Hoosier State Press Association also filed a similar brief aligned with ESPN. They advance public policy arguments in favor of including campus police departments within the definition of "public agency." The Scheduled Panel Members are: Chief Judge Vaidik, Judges Robb and Pyle. [Where: Indiana Supreme Court Courtroom (WEBCAST?)]
Thursday, February 25
- 11:00 AM - Bank of New York Mellon v. Halifax Financial Group, L.P., et al (36A04-1504-MI-162) Robert and Alice Hartman own real estate in Jackson County, IN. In March 2004, the Hartmans executed a note payable to CTX Mortgage Company, LLC ("CTX") and a mortgage securing the note in favor of CTX. The mortgage provided that Mortgage Electronic Registration Systems, Inc. ("MERS") acted as a nominee for the lender and the lender's successors and assigns and that MERS was a mortagee. In 2006, the Bank of New York Mellon ("BONY") became the assignee of the note. In October 2012, the property subject to the mortgage was sold at a tax sale to Halifax Financial Group, L.P. ("Halifax"). Halifax sent certain notices, including a notice of the tax sale and a later notice regarding its petition for the issuance of a tax deed, to CTX at certain addresses. Halifax did not send notices to MERS. In October 2013, Halifax filed a petition for an order directing the Auditor of Jackson County to issue a tax deed, the court entered the order directing the issuance of a tax deed, and the Jackson County Auditor executed a tax deed on or about Dec. 17, 2013. MERS executed an assignment of the mortgage on Dec. 31, 2013, assigning the mortgage to BONY, and the assignment was recorded on Jan. 10, 2014. Halifax later conveyed the property to the Hartmans. On July 25, 2014, BONY filed a petition to intervene and to set aside the tax deed. BONY presented an affidavit that its servicer was first advised about the subject tax sale proceedings on Feb. 21, 2014. The trial court denied BONY's petition to intervene and did not rule on BONY's motion to set aside. BONY brings this appeal from the trial court's order, arguing that it satisfied the requirements of Indiana Trial Rule 24(A) to intervene as a matter of right in the proceedings below and that the trial court abused its discretion in denying its petition to intervene. The Scheduled Panel Members are: Judges Bradford, Brown and Altice. [Where: Indiana Supreme Court Courtroom (WEBCAST?)]
Friday, February 26
- 1:00 PM - Williams-Bey v. State (20A03-1508-PC-1173) No description provided. The Scheduled Panel Members are: Judges Baker, Najam and Bailey. [Where: Brown County High School, 235 School House Lane, Nashville, 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 February 15, 2016 08:19 AM
Posted to Upcoming Oral Arguments