OF THE INDIANA SUPREME COURT
All oral arguments are conducted in the Courtroom, Room 317, State House, unless otherwise indicated. These two following cases are being consolidated for oral argument and are scheduled for April.
9:30 a.m.-- GREATER HAMMOND COMMUNITY SERVICE V. LUCILE MUTKA
LCEOC, INC., AND GREATER HAMMOND COMMUNITY SERVICES, INC. V. PATRICIA S. GREER
The Court has set aside one hour for oral argument in these two cases, both
arising out of Lake County courts. Greater Hammond Community Services, Inc.,
provides transportation services to low income, elderly, and physically impaired
residents under a contract with the Lake County Equal Opportunity Council, Inc.
Among the issues in these cases is whether Greater Hammond Community
Services, Inc., is a governmental entity for the purposes of the Indiana Tort Claims
Attorneys for LCEOC, Inc. and Greater Hammond Community Services, Inc.
9:30 a.m.-- MICHAEL J. GALANIS V. LYONS & TRUITT
AND SUZANNE BROWN
This appeal asks whether a court may order successor counsel, who receives
a contingent fee upon settlement of his client's personal injury claim, to pay prior
counsel a reasonable hourly fee in quantum meruit for service the prior counsel
performed before being discharged by the client if the client was not advised of her
obligation to pay prior counsel. The trial court declared that successor counsel was
responsible for paying prior counsel in quantum meruit, and a divided Court of
Appeals affirmed. Successor counsel seeks transfer.
Attorneys for Galanis
Attorney for Lyons & Truitt
Attorney for Brown
9:30 a.m.-- UNITED STATES GYPSUM, INC., ET AL. V. INDIANA GAS CO.,
A group of business and residential customers and the Office of Utility
Consumer Counselor appealed a ruling of the Utility Regulatory Commission
denying their petition to disapprove agreements between gas companies and an
affiliate, ProLiance Energy, relating to the transportation and provision of gas
supply. The Court of Appeals reversed and instructed the Commission to
disapprove the agreements after concluding that the gas companies failed to follow
the requirements of the Alternative Utility Regulation Act. The gas companies and
ProLiance seek transfer.
9:30 a.m.-- STATE V. JOSEPH W. KLEIN
Joseph Klein was charged with various crimes. His motion to dismiss the charges was granted by the Marion Superior Court. The State appealed. The Court of Appeals reversed in part and affirmed in part. The State now seeks to have the case transferred to the Indiana Supreme Court.
Attorney for State
Rosemary L. Borek
Attorneys for Klein
Robert W. Hammerle
Joseph M. Cleary
APRIL 29 --Valparaiso University School of Law, Valparaiso, Indiana
11:00 a.m.--MICHAEL J. WISNIEWSKI V. DONNA BENNETT
The patient, Mr. Wisniewski, reached a settlement with certain medical providers
and then sought additional damages from the Patient's Compensation Fund. The trial
court entered summary judgment for the Insurance Commissioner, Ms. Bennett,
effectively denying Mr. Wisniewski access to the Fund. The Court of Appeals reversed
and remanded. Both sides ask the Court to grant transfer and decide certain matters
concerning settlement, fund access and damages.
Attorney for Appellant
Marshall P. Whalley
Attorney for Appellee
Mary J. Hoeller
John C. Trimble
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