FEBRUARY 2000 SITTING
Midwest Security Life Insurance Co.
v. Theresa A. and Patrick J. Stroup
The Boone Superior Court denied Midwest's motion
for summary judgment and its motion to strike the Stroups' request for jury trial. On interlocutory appeal, the Court of Appeals reversed after concluding that ERISA preempts the Stroups' common law claims and that Stroups would not have been entitled to a jury trial even if they had pled ERISA claims. 706 N.E. 2d 201 (Ind. Ct. App. 1999).
The Stroups request transfer.
Attorney for Midwest
Alan J. Irvin
Attorney for Stroup
Mary J. Hoeller
Farm Credit Services of Mid-America
v. Indiana Department of Revenue
The Department of State Revenue denied a request by Farm Credit Services of
Mid-America ("Farm Credit") for a refund of financial institution taxes it had paid.
Mid-America appealed to the Tax Court. In an earlier case, The
Tax Court concluded that Farm Credit is a federal instrumentality. See Farm
Credit Services of Mid-America v. Department of Revenue , 677 N.E.2d 645, 650 (Ind.
Tax 1997), review denied. In this case the Tax Court concluded that
Farm Credit is immune from taxation by the State and is entitled to
the requested refund. See Farm Credit Services of Mid-America v. Department of
Revenue , 705 N.E.2d 1089 (Tax. Ct. 1999). The Supreme Court has granted
the Department of Revenue's petition for review.
Attorney for Farm Credit
Attorney for Dept. of Revenue
GKN Co. f/n/a Gust K. Newberg Construction Co. v. Larry Magness
GKN Co. hired a trucking company that employed Larry Magness. Magness was
injured on the job and sued GKN. GKN moved to dismiss for
lack of subject matter jurisdiction. GKN claimed Magness was not only an
employee of the trucking company but was also a GKN employee, and therefore
his exclusive remedy was the Worker's Compensation Act. The Marion Superior Court
denied GKN's motion to dismiss. The Court of Appeals reversed. Magness
seeks transfer to the Indiana Supreme Court.
Attorney for GKN
James H. Young
Attorneys for Larry Magness
Ronald J. Waicukauski
William H. Kelley
Bloomington, IN 47402