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Tuesday, September 08, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/7/09):
Friday, September 11th
- 9:00 AM - State v. Allan M. Schlechty - The Jay Superior Court granted Schlechty’s motion to suppress evidence obtained during a search of his vehicle by his probation officer. The Court of Appeals affirmed in a not-for-publication Memorandum Decision, State v. Schlechty (Ind. Ct. App. 2/12/2009). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Here is the ILB summary of the 2-1 NFP opinion.]
- 9:45 AM - Eric P. Sibbing v. Amanda N. Cave - Cave filed a personal injury complaint against Sibbing in the Marion Superior Court. Sibbing admitted fault, but disputed damages. A jury returned a damages award for Cave. Sibbing appealed. The Court of Appeals affirmed, concluding it did not appear the trial court erred in permitting Cave to testify concerning what a doctor told Cave about her condition and that regardless, any error in the admission of this testimony was harmless. The Court of Appeals also found no error in the exclusion of an expert's testimony that some treatment received by Cave was medically unnecessary. Sibbing v. Cave, 901 N.E.2d 1155 (Ind. Ct. App. 3/5/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Note: Here is the ILB summary of the 2-1 COA opinion.]
- 10:30 AM - Joseph J. Reiswerg v. Pam Statom - In a legal malpractice action, Pam Statom sought partial summary judgment against her former attorney Joseph Reiswerg and the law firm of Cohen Garelick & Glazier. The trial court granted Statom's motion against Reiswerg but denied the motion against the firm. After Reiswerg and the firm subsequently filed motions for summary judgment, alleging Statom's claims were time-barred, Statom sought to strike those summary judgment motions. The trial court granted the motion to strike, finding Reiswerg and the firm had waived their statute-of-limitations defense by not raising it in opposition to Statom's partial summary judgment motion. The trial court also purported to enter final judgment in favor of Statom and against Reiswerg. On consolidated appeals, the Court of Appeals dismissed in part, affirmed in part, reversed in part, and remanded. Reiswerg v. Statom, 897 N.E.2d 490 (Ind. Ct. App. 12/5/2008), aff'd on reh'g, 901 N.E.2d 1168 (3/5/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Here is the the ILB summary of Dec. 5, 2008 COA opinion and the March 5th ruling on the petition for rehearing. From the Dec. 5th opinion: "In this consolidated appeal, Joseph J. Reiswerg appeals the trial court’s grant of partial summary judgment to Pam Statom in her legal malpractice action, and both Reiswerg and Cohen Garelick & Glazier (“CGG”) appeal the trial court’s order striking their motions for summary judgment, which raised statute of limitations defenses." Note that Appellant Joseph J. Reiswerg's Petition for Transfer was GRANTED and Appellee Pam Statom's Petition for Transfer was DENIED.]
Next week's oral arguments before the Supreme Court (week of 9/14/09):
Next Tuesday, September 15th
- 9:00 AM - Indianapolis Marion County Pub. Library v. Charlier Clark & Linard, P.C. - When the Library brought negligence claims against engineering subcontractors involved in the construction of a new parking garage, the Boone Circuit Court entered an order granting the subcontractors summary judgment, concluding that such claims were precluded by the “economic loss” doctrine. The Court of Appeals affirmed. Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., 900 N.E.2d 801 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [For background, start with this July 25th ILB entry.]
- 9:45 AM - Gloria A. Murray v. City of Lawrenceburg - Plaintiffs, who are various persons claiming an interest in a small parcel of land underneath the docking site of a riverboat casino, filed a six-count complaint against the owner of the casino, the City of Lawrenceburg, and the Lawrenceburg Conservancy District. The trial court denied Defendants’ motion for judgment on the pleadings, and also denied Plaintiffs’ demand for jury trial. On interlocutory appeal, the Court of Appeals affirmed the denial of Defendants’ motion for judgment on the pleadings, held that Plaintiffs were entitled to jury trial on some of their six counts, and remanded with instructions to resolve the timeliness of Plaintiffs’ claims. Murray v. City of Lawrenceburg, 903 N.E.2d 93 (Ind. Ct. App. 3/19/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Note: Here is the ILB summary of the 2-1 COA opinion.]
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 9/8/09):
- None currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 9/14/09):
- None currently scheduled.
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 September 8, 2009 08:38 AM
Posted to Upcoming Oral Arguments