Tuesday, September 06, 2016
Ind. Decisions - Transfer list for week ending September 2, 2016
Here is the Clerk's transfer list for the week ending Friday, Sept. 2, 2016. It is two pages (and 21 cases) long.
Two transfers were granted last week (thereby vacating the COA opinions):
- John Doe #1, et al. v. Indiana Department of Child
Services - this was a 2-1 May 26, 2016 COA opinion where the majority writes:
The parties present us with an issue of first impression: whether I.C. § 31-33-18-2 confers a private right of action for a violation of DCS’s statutory duty to protect a reporter’s identity.and the dissent begins:
Although the majority left “for another day” the issue of whether Indiana Code section 31-33-18-2 creates a private right of action when DCS fails to protect the identity of a person who reports child abuse or neglect, I believe that this issue must be addressed and that the legislature did not intend to create a private right of action.
- Tresa Megenity v. David V. Dunn - this was a 2-1 May 24, 2016 COA opinion where the dissent writes:
I respectfully dissent from the majority’s decision reversing the trial court’s summary judgment and holding that a genuine issue of material fact exists as to whether Dunn’s kick “was outside the range of ordinary behavior for a karate student engaged in a kicking-the-bag practice drill.”
- Rogers Group, Inc. v. Tippecanoe County, et al. - this is a 3/28/16 COA decision. Transfer Denied - All Justices concur, except except Rush, C.J., and David, J., who vote to grant the petition to transfer. ILB: This case concerns the Amicus Quarry project.
- Jason L. McDonough, et al. v. Kentucky Avenue Land Co - this was a May 20, 2016 NFP COA opinion. Transfer Denied - All Justices concur, except for Massa and Slaughter, JJ., who vote to grant the petition to transfer. ILB: The issue: "whether the trial court erred in granting summary judgment in favor of Kentucky Avenue under Indiana’s summary judgment standard."
Posted by Marcia Oddi on September 6, 2016 11:13 AM
Posted to Indiana Transfer Lists