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Monday, July 18, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/18/16):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/25/16):
- No oral arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 7/18/16):Wednesday, July 20
- 10:00 AM - Mary Price v. Indiana Department of Child Services (49A05-1602-PL-00380) Under Indiana law, the Indiana Department of Child Services (IDCS) is tasked with the responsibility of providing various services to protect children and to strengthen families. Indiana Code section 31-25-2-5 requires that in order to provide these essential services, IDCS “shall ensure” that the caseloads for family case managers not exceed specific, statutorily mandated levels. Appellant, Mary Price, a family case manager employed by IDCS, brings this action, on her own behalf and on behalf of a putative class of similarly situated family case managers, to force IDCS to comply with the explicit caseload levels comprised in the statute. Upon IDCS’s motion to dismiss, the trial court dismissed Price’s action. Price appeals, requesting this court to review whether the trial court erred in dismissing this case for failing to state a claim for relief, when ? 1. Price has established a private cause of action to enforce the statute mandating specific caseload levels; and 2. Alternatively, if no private cause of action exists, Price’s complaint states a claim for relief as an action for mandate pursuant to Indiana Code section 31-25-2-5. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Indiana Supreme Court Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 7/25/16):
Monday, July 25
- 1:00 PM - Sauntio Antonio Carter v. State of Indiana (49A04-1511-CR-01823) Appellant-Defendant, Sauntio Carter (Carter), appeals his conviction for battery resulting in bodily injury, a Class A misdemeanor. Carter's conviction stems from an incident in which he punished his fourteen-year-old daughter by hitting her with his belt at least fourteen times. On appeal, Carter claims that there is insufficient evidence to uphold his conviction because he lacked the requisite criminal intent. Rather, he maintains that he used reasonable force to discipline his child for her unacceptable behavior. Carter further claims that the State failed to sufficiently rebut his affirmative defense of parental privilege. The Scheduled Panel Members are: Judges Riley, Crone and Sr. Judge Shepard. [Where: Supreme Court courtroom (WEBCAST)]
- 1:00 PM - Maintenance Dynamics, Inc., et al. v. Patricia Amsden (45A05-1504-CT-00171) Defendant Bar appeals judgment on a jury verdict for $7,500,00 I a dram shop/wrongful death action contending trial court erred in denying Motion to Directed Verdict, improperly instructed the jury on willful and wanton misconduct and Dram Shop liability, and improperly allowed the admission of certain evidence. Other appellants and appellee have reached a settlement. The Scheduled Panel Members are: Judges Riley, Kirsch and Pyle. [Where: Court of Appeals courtroom (WEBCAST)]
- 1:30 PM - Jordache White, et al v. George Reimer (71A03-1602-CT-00270) In this appeal, Jordache White (White), American Transport LLC (American Transport), and Canal Insurance Company (Canal Insurance) appeal the trial court’s decision to deny their joint motion to set aside a default judgment in favor of plaintiff George Reimer. White, American Transport, and Canal Insurance contend that the trial court lacked jurisdiction to enter a default judgment because they did not receive actual or adequate service; that Reimer did not exercise due diligence to obtain American Transport and White’s whereabouts before utilizing the Secretary of State for constructive service; and that Reimer began taking additional steps to attempt service on American Transport and White only after the default judgment was entered. The Scheduled Panel Members are: Judges Najam, Robb and Crone. [Where: Court of Appeals courtroom (WEBCAST)]
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 July 18, 2016 07:46 AM
Posted to Upcoming Oral Arguments