Monday, January 23, 2017
Ind. Decisions - Transfer list for week ending Jan. 20, 2017
Here is the Clerk's transfer list for the week ending Friday, January 20, 2017. It is two pages (and 25 cases) long.
Two transfers were granted last week (thereby vacating the COA opinions):
- Gregg Appliances Inc., et al. v. Dwain Underwood - this was a 7/22/16 COA opinion re calculation of bonuses. COA reversed trial court and granted summary judgment for Gregg.
- Danny Sims v. Andrew Pappas, et al. - this was a 2-1 10/13/16 COA opinion authored by J.Shepard. From the dissent: " I agree with the majority’s conclusion that the ten-year limit set out in Ind. Evidence Rule 609 does not apply in this context. I cannot agree, however, with the majority’s ultimate conclusion, based on an Ind. Evidence Rule 403 analysis, that the trial court abused its discretion by admitting evidence of Sims’s 1983 and 1996 prior alcohol-related offenses."
- James E. Rogers v. State of Indiana - this is a 7/6/16 COA opinion. Transfer Denied - All Justices concur, except Rush, C.J., and Massa, J., who vote to grant the petition to transfer. This is a 7/6/16 COA opinion finding "the counselor/client privilege of Indiana Code section 25-23.6-6-1 does not include communications with unlicensed social workers."
- Myron Tools v. State of Indiana - this is a 9/30/16 NFP decision. Transfer Denied - All Justices concur, except Rush, C.J., and Slaughter, J., who vote to grant the petition to transfer.
- Champlain Capital Partners, LP v. Elway Co., LLP, Dale K. Elrod, Jeffrey L. Elrod, and Mary Ann Waymire - this is a 7/29/16 COA opinion. Transfer Denied - All Justices concur, except Rush, C.J., and David, J., vote to grant transfer, Slaughter, J., did not participate. In other words, a 2-2 tie, so the COA opinion prevails.
Posted by Marcia Oddi on January 23, 2017 10:53 AM
Posted to Indiana Transfer Lists