MARCH 2005 SITTING
OF THE INDIANA SUPREME COURT



Thursday, March 3, 2005

9:00 a.m.     Indiana Dept. of Envtl. Mgmt. v. West ,

The Marion Superior Court affirmed a decision of the State Employees' Appeals Commission finding IDEM employees had been discriminated against on basis of age. The Court of Appeals affirmed, holding there was sufficient evidence supporting the finding and the Commission acted within its authority in ordering creation of new jobs for employees if necessary. Indiana Dept. of Envtl. Mgmt. v. West, 812 N.E.2d 1099 (Ind. Ct. App. 2004), 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 over the appeal.

Attorney for Appellant              Attorney for Appellee
Frances Barrow                Melinda O'Dell
Indianapolis, IN                 Mooresville, IN

Thursday, March 10, 2005

9:00 a.m.     Donna M. Schriber v. Anonymous

The Marion Circuit Court dismissed this medical malpractice action against a nursing home for lack of subject matter jurisdiction. The Court of Appeals reversed, holding that the nursing home was not a "qualified healthcare provider" under the Medical Malpractice Act because its owner failed to file a certificate of assumed name. Schriber v. Anonymous, 810 N.E.2d 1119 (Ind. Ct. App. 2004), 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 over the appeal.

Attorney for Schriber                  Attorney for Anonymous
H. Kennard Bennett                    Susan Cline
Indianapolis, IN                    Julia Blackwell Galinas
                            Lucy R. Dollens
                            Indianapolis, IN


Attorney for Amicus (United Senior Action)
George Clyde Gray
Daniel L. Robinson
Indianapolis, IN

Attorneys for Amcus (Indiana Health Care Assoc.)
Geoffrey Slaughter
John H. Sharp
Maggie L. Smith
Indianapolis, IN