March 04, 2004

Indiana Decisions - Newly Posted Supreme Court and Court of Appeals Opinions

ISP.com LLC and ISP.net LLC v. David J. Theising, Receiver of IQuest Internet, Inc. (3/4/04 IndSCt) [Contracts; Aribtration]
Boehm, Justice

The plaintiff is David J. Theising, as the receiver of IQuest Internet, Inc. The defendants responded to his complaint with a motion to compel arbitration of the dispute. The motion was based on an arbitration clause in an agreement entered into between the defendants and IQuest before IQuest was in receivership. The trial court refused to compel arbitration and the Court of Appeals affirmed that order on interlocutory appeal. We hold that the arbitration clause is enforceable against the receiver as the successor in interest to IQuest. * * * The order of the trial court denying the motion to compel arbitration is reversed. This case is remanded with instructions to order the plaintiff, ISP.com, LLC and ISP.net, LLC to arbitrate their dispute under section 9.16 of the Asset Purchase Agreement.

David J. Theising, Receiver of IQuest Internet, Inc. v. ISP.com, LLC, ISP.net LLC and IQuest Internet, LLC (3/4/04 IndSCt) [Contracts; Aribtration]
Boehm, Justice

This is an appeal from an order of the Marion Superior Court described in our opinion dated today in ISP.com, LLC v. Theising, __ N.E.2d __ (Ind. 2004) (“the Hamilton County case”). In this case the Marion Superior Court ordered the parties to arbitrate their dispute, but the Court of Appeals, in an unpublished decision, reversed. We now grant transfer and affirm the trial court.
Sondra L. Ratliff v. Michael K. Ratliff (3/4/04 IndCtApp) [Family Law]

Re: calculation of weekly gross income for child support purposes; partial emancipation; litigation expenses and attorney fees.

John Thomas Sees v. Bank One, Indiana, N.A. (3/4/04 IndCtApp) [Banking]

Amy Bostick v. State of Indiana (3/4/04 IndCtApp) [Criminal Law & Procedure]

In the Matter of Involuntary Termination of Parent-Child Relationship of D.D. (3/4/04 IndCtApp) [Family Law]

Kimberly Johnson v. State of Indiana (3/4/04 IndCtApp) [Criminal Law & Procedure]

Estate of Kelly S. Spry v. Ruth Batey, et al. (3/4/04 IndCtApp) [Estates & Trusts]

Phyllis Gaddis v. Stardust Hills Owners Association, Inc. (3/4/04 IndCtApp) [Contracts]

Posted by Marcia Oddi at March 4, 2004 02:26 PM