Monday, October 17, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/17/16):
Thursday, October 20
- 9:00 AM - State of Indiana v. David Brown (49S05-1606-CR-00348) During a bench trial, the trial court entered an order sustaining the defendant’s challenge to the admission of certain evidence. The State initiated an appeal, but the Court of Appeals dismissed and remanded after concluding the State lacked statutory authority to appeal. State v. Brown, No. 49A05-1506-CR-752 (Ind. Ct. App. Mar. 31, 2016) (mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a NFP COA ruling from March 31, 2016 (which the ILB elected to summarize), where the COA sua sponte decided the State did not have authority to bring the appeal.
- 9:45 AM - City of Lawrence Utilities Service Board, City of Lawrence, Indiana, and Dean Jessup, Individually and in his Official Capacity v. Carlton E. Curry (49S02-1609-CT-00481) A newly-elected mayor fired the superintendent of the city’s Utility Service Board. The superintendent brought this action for wrongful discharge and other claims, asserting Indiana Code section 8-1.5-3-5(d) gave the Utility Service Board exclusive authority to discharge him. The Marion Circuit Court granted the superintendent’s motion for summary judgment. A divided Court of Appeals reversed, finding the mayor had statutory authority to discharge the superintendent. City of Lawrence Utilities Serv. Bd. v. Curry, 55 N.E.3d 895 (Ind. Ct. App. 2016), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a June 8, 2016, 2-1 COA opinion where the majority held:
We find as follows: (1) the mayor had authority to terminate Curry’s employment; (2) as such, Curry has no right to prevail on an intentional interference with employment relationship claim; and (3) Curry is not entitled to recover under the Wage Payment Statute. We reverse the judgment of the trial court with respect to the wrongful discharge and intentional interference with employment relationship claims and remand with instructions to enter summary judgment in the Government’s favor on those two counts. We affirm the trial court’s order with respect to the Wage Payment Statute count.
- 10:30 AM - Trondo L. Humphrey v. State of Indiana (53A01-1509-MI-01305) Trondo Humphrey was convicted of murder in 1996, and his conviction and sentence were affirmed on direct appeal. The Madison Circuit Court denied post-conviction relief. The Court of Appeals reversed, finding trial counsel rendered ineffective assistance. Humphrey v. State, 56 N.E.3d 84 (Ind. Ct. App. 2016), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a June 23, 2016 COA opinion:
"Trondo L. Humphrey appeals the denial of his petition for post-conviction relief. As his trial counsel’s assistance was ineffective and his petition is not barred by laches, we reverse and remand.
Next week's oral arguments before the Supreme Court (week of 10/24/16):
Thursday, October 27
- 10:30 AM - Tresa Megenity v. David V. Dunn (22S04-1609-CT-00465) In a karate class, David Dunn executed a kick which allegedly injured Tresa Megenity. Megenity sued Dunn, claiming he was negligent. The Floyd Superior Court found Dunn did not breach any duty he owed Megenity, and granted him summary judgment, citing Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011). A divided Court of Appeals reversed, holding a trier of fact must determine whether Dunn breached a duty to Megenity. Megenity v. Dunn, 55 N.E.3d 367 (Ind. Ct. App. 2016). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: 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.”This argument will take place in the Emens Auditorium on the campus of Ball State University, 1800 W. Riverside Ave, Muncie, Indiana 47303 at 10:30 a.m. EDT.
This week's oral arguments before the Court of Appeals (week of 10/17/16):
Wednesday, October 19
- 11:00 AM - Robertson v. Anonymous Clinic, et al. (71A03-1512-CT-02199) The case arises out of the administration of allegedly defective steroids that caused injury, with the injured plaintiffs suing the defendant medical providers. The manufacturer of the defective steroids is not a party. The central issue is whether allegations that the medical providers negligently decided to use the type of steroid and then failed to properly vet and investigate the manufacturer of the defective steroids are subject to the provisions of the Indiana Medical Malpractice Act (“MMA”) or are claims of simple negligence. The Department of Insurance, administrator of the Patient’s Compensation Fund, has intervened, arguing that the claims are simple negligence, while all parties argue that the allegations are subject to the MMA. The Scheduled Panel Members are: Judges Bradford, Pyle and Altice. [Where: Court of Appeals Courtroom (WEBCAST)]
Friday, October 21
- 1:00 PM - Hannum Wagle & Cline Engineering et al. v. American Consulting (49A05-1601-PL-00033) American Consulting, Inc. d/ b/ a American Structurepoint, Inc. (”ASI”) filed a Verified Complaint for Injunctive Relief and Damages against Hannum Wagle & Cline Engineering, Inc., d/ b/ a HWC Engineering (”HWC”) and former ASI employees, (collectively ”Defendants”), alleging Defendants had engaged in a calculated scheme to raid ASI of employees and to target ASI’s customers for the purpose of unfairly competing with ASI and impermissibly siphoning ASI’s business. After a hearing, the trial court issued a preliminary injunction on December 11, 2015, which was modified on January 25, 2016, and partially dissolved on May 20, 2016. HWC and Defendants appeal the granting of the preliminary injunction, and ASI appeals the granting of the petition to partially dissolve the injunction. Before this court are several questions: whether a preliminary injunction is appropriate, whether the alleged violations contravened the restrictive covenant, and whether the covenant has expired. The Scheduled Panel Members are: Judges Baker, Kirsch and Robb. [Where: Purdue Krannert Center for Executive Education, West Lafayette]
Next week's oral arguments before the Court of Appeals (week of 10/24/16):
Tuesday, October 25
- 1:30 PM - Jill Polet, et. al. v. ESG Security, Inc., et. al. (49A02-1510-CT-1631) This case arises out of the 2011 Indiana State Fair stage collapse. On April 17, 2015, ESG Security, Inc., one of the Defendants, filed a motion for summary judgment and argued that it owed no duty to the Plaintiffs, did not breach any duty, and did not cause the Plaintiffs’ injuries. On September 14, 2015, the trial court granted ESG’s motion for summary judgment. On appeal, the Plaintiffs/Appellants argue that ESG had a duty to exercise due care when assuming responsibility for the safety and protection of those it served and that a jury must determine whether ESG breached its duty and whether and to what extent ESG proximately caused the injuries. The Scheduled Panel Members are: Judges Robb, Mathias and Brown. [Where: Court of Appeals 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 October 17, 2016 09:01 AM
Posted to Upcoming Oral Arguments