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Thursday, May 17, 2007

Ind. Decisions - Big arguments tomorrow before Supreme Court

The Supreme Court is hearing two sets of oral argments tomorrow, May 18th:

9:00 AM - Bridgestone Corp. v. Mayberry

The Madison Superior Court entered an order compelling discovery of Bridgestone/Firestone's skim stock formula, but restricting dissemination of the information. The Court of Appeals affirmed. Bridgestone Americas Holding, Inc. v. Mayberry, 854 N.E.2d 355 (Ind. Ct. App. 2006), reh'g denied, vacated.

The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction of this appeal.

Attorneys for Bridgestone; Mark J.R. Merkle, and Marc T. Quigley both of Indianapolis, Indiana.

Attorneys for Mayberry; Peter Campbell King, and Donna L. Marsh both of Columbus, Indiana.

Attorneys for Amicus Curiae Rubber Mfrs. Assoc.; Kevin W. Betz of Indianapolis, Indiana.

Attorneys for Amicus Curiae Indiana Legal Found.; Jon Laramore and April E. Sellers both of Indianapolis, Indiana.

Here are ILB entries from Aug. 31, 2006 and March 13, 2007.

9:45 AM - Elliott v. Allstate Ins. Co. / State Farm Mut. Auto. Ins. Co. v. Jakupko

This combined oral argument involves passengers in automobile accidents who claimed that as a result of witnessing severe injury to a family member, they suffered negligent infliction of emotional distress accompanied by, or unaccompanied by, physical manifestations. The passengers sought coverage under uninsured and underinsured provisions of insurance policies.

The Hamilton Superior Court entered summary judgment for Patricia, Nicholas and Matthew Jakupko on their complaint against State Farm seeking underinsured coverage for their claims of negligent infliction of emotional distress. The Court of Appeals affirmed. State Farm Mut. Auto. Ins. Co. v. Jakupko, 856 N.E.2d 778 (Ind. Ct. App. 2006), vacated.

The Marion Circuit Court granted Allstate Insurance Company summary judgment on the claims of Austin and Amber Elliott, b/n/f William Elliott seeking uninsured coverage for their claims of negligent infliction of emotional distress. The Court of Appeals reversed and remanded. Elliott v. Allstate Ins. Co., 859 N.E.2d 696 (Ind. Ct. App. 2007), vacated.

The Supreme Court has granted petitions to transfer these cases, thus vacating the opinions of the Court of Appeals, and has assumed jurisdiction over the appeals.

Attorneys for State Farm Mut. Auto. Ins. Co.: Karl L. Mulvaney, Nana Quay Smith, Candace L. Sage, Indianapolis, IN. Attorneys for Allstate Ins. Co.: Richard P. Samek and Larry Barnard, Ft. Wayne, IN.

Attorneys for Amici Curiae, Ins. Institute of IN, Inc., Nat'l Assoc. of Mut. Ins. Cos. and Property Casualty Insurers Assoc. of America: Robert Clemens, George T. Patton, Jr. and Bryan Babb, Indianapolis, IN.

Attorneys for Jakupko: John F. Townsend, III, and Scott Montross, Indianapolis, IN. Attorney for Elliott: Michael L. Hanley, Indianapolis, IN.

Attorneys for Amicus Curiae, Indiana Trial Lawyers Assoc.: Jeffrey Wrage and Thomas Macke, Valparaiso, IN.

Here is a list of earlier relevant ILB entries.

Don't forget that if you can't make it to the Statehouse, you can watch the live feeds or archived oral arguments here.

Posted by Marcia Oddi on May 17, 2007 08:42 AM
Posted to Ind. Sup.Ct. Decisions