Monday, February 13, 2017
Ind. Decisions - Upcoming oral arguments this week and nextThis week's oral arguments before the Supreme Court (week of 2/13/17):
Thursday, February 16
- 9:00 AM - Bob Leonard v. State of Indiana (02S00-1604-LW-00185) After a change of venue from Marion County, a jury trial was held in the Allen Superior Court, where Leonard was convicted of murdering two people, conspiracy to commit arson, and multiple counts of arson. Leonard received a sentence of life imprisonment without parole and a term of years. In this direct appeal, Leonard challenges his murder convictions and life sentence.
Thursday, February 23
- 9:00 AM - Gregg Appliances, Inc. and HH Gregg, Inc. v. Dwaine Underwood, on behalf of himself and all others similarly situated (49S02-1701-PL-00025) Senior managers of Gregg Appliances filed a class action alleging they are owed bonuses for fiscal year 2012 because Gregg agreed to pay bonuses based on a measure that includes Gregg’s one-time receipt of life insurance proceeds. On the parties’ cross-motions for summary judgment, the Marion Superior Court denied Gregg’s motion and granted the managers’ motion. The Court of Appeals reversed and remanded with instructions to enter summary judgment for Gregg. Gregg Appliances, Inc. v. Underwood, 57 N.E.3d 831 (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 7/22/16 COA opinion re calculation of bonuses. COA reversed trial court and granted summary judgment for Gregg.
- 9:45 AM - Indiana Alcohol and Tobacco Commission v. Spirited Sales, Inc. (49S00-1611-PL-00614) Spirited Sales, LLC applied for a permit to wholesale liquor in Indiana. The Indiana Alcohol and Tobacco Commission denied Spirited’s application on the basis it would create a prohibited interest in conflict with Indiana Code section 7.1-5-9-4. The Marion Superior Court reversed, and ordered the Commission to issue Spirited’s permit. The Indiana Supreme Court granted transfer pursuant to Appellate Rule 56(A) and has assumed jurisdiction over the appeal.
ILB: The Supreme Court granted Emergency (56A)transfer of the trial court decision on Nov. 22, 2016. Justice Massa did not participate. For more information, see these Aug. 29th and a second Aug. 29th ILB posts, the latter of which includes the trial court ruling.
This week's oral arguments before the Court of Appeals (week of 2/13/17):
Wednesday, February 15
- 1:00 PM - Admiral Insurance Company v. Joseph Banasiak, et al. (45A05-1604-PL-00859) In April 2014, the Estate of Dr. Zadeh filed a complaint for declaratory judgment, argued that Admiral was obligated to satisfy any award imposed against Dr. Zadeh due to his alleged negligence because it failed to notify the Commissioner of the Indiana Department of Insurance of the early cancellation of the policy, and requested the court to declare that Admiral was required to defend and indemnify Dr. Zadeh against the claims asserted by Muehlman. In May 2015, Admiral filed a motion for summary judgment and argued that the Estate’s complaint for declaratory judgment was untimely filed under the policy, that Dr. Zadeh had failed to provide timely notice of Muehlman’s claim to Admiral, and that Ind. Code § 34-18-13-4 did not render ineffective the policy’s reporting and notice provisions. The trial court found that the cancellation of the policy was ineffective as to Muehlman’s claim because Admiral failed to comply with Ind. Code § 34-18-13-4, denied Admiral’s motion for summary judgment, and granted the Estate’s request for declaratory judgment. Admiral now appeals. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Bradford and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
- 10:00 AM - Roman Allen v. State of Indiana (87A05-1606-CR-01277) Roman Allen challenges his conviction for resisting law enforcement. He argues that the State failed to present sufficient evidence to prove beyond a reasonable doubt that he forcibly resisted arrest. He also argues that if he did resist arrest, he was privileged to do so because the arresting officers used excessive force against him. The Scheduled Panel Members are: Judges Baker, Robb and Altice. [Where: Ivy Tech Community College, Indianapolis Culinary and Conference Center, 2820 N. Meridian St., Indianapolis, IN 46208]
- 1:30 PM - Angel Shores Mobile Home Park, Inc. v. Crays, et al. (79A02-1605-CT-01106) Angel Shores Mobile Home Park, Inc. appeals the award of attorney’s fees and costs to John and Megan Crays under the Child Wrongful Death Act (CWDA). Angel Shores argues the award is not authorized under the CWDA. The Crays argue the attorney’s fees and costs were allowed under the CWDA, or, in the alternative, Angel Shores’ appeal should be dismissed because both parties signed an Agreed Stipulation indicating they would not appeal the trial verdict. In response, Angel Shores argues the attorney’s fees and costs were not covered by the Agreed Stipulation. The Indiana Trial Lawyers Association has filed an amicus brief in support of the inclusion of attorney’s fees and costs under the CWDA. The Scheduled Panel Members are: Judges Najam, Bailey, and May. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 2/20/17):
Friday, February 24
- 12:00 PM - Elizabeth (Newman) Lewis v. David Newman (67A05-1609-DR-01981) When the marriage of David Newman and Elizabeth Newman (now Lewis) was dissolved in 2008, the trial court incorporated the parties’ property settlement agreement which provided, in relevant part, that David would pay spousal maintenance in a fixed amount each month to Elizabeth until Elizabeth either remarries or becomes eligible to receive payments from David’s retirement account, whichever occurs first. The agreement also provided that in addition to the $1,000.00 per month spousal maintenance payment, Elizabeth was entitled to 25% of the net profits of David’s book royalties. In 2016, David filed a motion to terminate his spousal maintenance obligation, alleging Elizabeth had remarried. Elizabeth agreed the $1,000 monthly payment should be terminated, but disagreed the book royalty payments constituted spousal maintenance that should also be terminated. The trial court first issued an order terminating David’s $1,000 monthly obligation but ordering the book royalty payments to continue. David filed a motion to correct error following which the trial court issued a corrected order also terminating the book royalty payments. Elizabeth now appeals, arguing the trial court improperly modified the parties’ property settlement agreement when it determined the book royalties were to be considered spousal maintenance rather than a distinct category of property. The Scheduled Panel Members are: Judges Baker, Robb, and Barnes. [Where: Culver Cove Resort, Culver, IN]
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 February 13, 2017 09:07 AM
Posted to Upcoming Oral Arguments