Monday, August 29, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 8/29/16):
Wednesday, August 31
- 10:45 AM - KS&E Sports, et al. v. Dwayne H. Runnels (49S02-1606-CT-00349) A police officer was shot by a convicted felon using a firearm purchased from a sporting goods store. Alleging that the felon had acquired this firearm through an illegal straw sale, the injured officer filed suit against the sporting goods store and its owner. The defendants moved to dismiss the case pursuant to Indiana’s Immunity Statute (Ind. Code § 34-12-3-3), which provides protection for firearms manufacturers and sellers for their own lawful conduct and for damages stemming from a third party’s criminal conduct. The Marion Superior Court denied this motion and permitted the defendants to file an interlocutory appeal. In a split decision, the Court of Appeals affirmed the trial court and held that the Immunity Statute did not protect firearm sellers from being sued for damages stemming from illegal straw sales. KS&E Sports v. Runnels, No. 49A02-1501-CT-42, -- N.E. 3d --- (Ind. Ct. App. March 17, 2016). The sporting goods store has petitioned the Supreme Court to accept jurisdiction over the appeal, and amicus curiae National Shooting Sports Foundation has filed a brief in support of transfer.
ILB: The last sentence above appears odd. The transfer list from 6/24/16 indicates that transfer was granted (see 3rd case), and the docket has a link to an order granting the petition to transfer.
Thursday, September 1
- 9:00 AM - James F. Griffith v. State of Indiana (27S00-1503-LW-145) Following a jury trial, the Grant Superior Court convicted Griffith of robbery, conspiracy to commit robbery, and murder, and it sentenced him to life imprisonment without parole. Griffith appeals alleged errors related to his convictions, and he challenges the denial of his request to file a belated notice of appeal.
- 9:45 AM - Parkview Hospital, Inc. v. Thomas E. Frost, et al. (02A03-1507-PL-00959) When an uninsured patient sued for declaratory relief, challenging the reasonableness of charges reflected in a notice of lien filed by the hospital, and the patient sought discovery from the hospital regarding fees that would have been charged to insured patients for the same services, the Allen Circuit Court denied the hospital’s motion for partial summary judgment. The Court of Appeals affirmed. Parkview Hosp., Inc. v. Frost, No. 02A03-1507-PL-959, 2016 WL 943430 (Ind. Ct. App. Mar. 14, 2016), trans. pending. The hospital has petitioned the Supreme Court to accept jurisdiction over the appeal. ILB: This is a 2-1 March 14, 2016 COA decision. See also this March 21st ILB post headed "Could Indiana Supreme Court take second look at health care pricing?"
Next week's oral arguments before the Supreme Court (week of 9/5/16):
- 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 8/29/16):
- No oral arguments currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 9/5/16):
Thursday, September 8
- 1:30 PM - Don Gunderson, et al, v. State of Indiana, et al, (46A03-1508-PL-01116) This case addresses who owns land along the Lake Michigan shoreline. A landowner, Gunderson, sought a declaratory judgment that his property extended to the water's edge and the public had no rights to land not covered by water. The State and intervenors argued the State holds land up to the ordinary high water mark, even when it is not covered by water, and holds it in trust for the public. The trial court granted summary judgment for the State, and further held the ordinary high water mark is determined by an administrative regulation. The Scheduled Panel Members are: Judges Baker, May and Brown. [Where: Supreme Court Courtroom (WEBCAST)]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms generally will be accessible via videocast.Past Court of Appeals oral arguments 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 August 29, 2016 08:24 AM
Posted to Upcoming Oral Arguments