MAY 2002 SITTING OF THE SUPREME COURT



Beverly M. Brazauskas v. Fort Wayne-South Bend Diocese, Inc., et al.

Thursday May 2, 2002 at 9:30 a.m.

Brazauskas filed a cause of action against the Diocese that included claims for tortious interference with a business relationship and blacklisting. The St. Joseph Superior Court dismissed the claims for lack of subject matter jurisdiction. The Court of Appeals affirmed on grounds the First Amendment barred the court from deciding the claims. See Brazauskas v. Fort Wayne-South Bend Diocese, 755 N.E.2d 201 (Ind. Ct. App. 2001). Brazauskas petitions to transfer jurisdiction to the Indiana Supreme Court.

Attorney for Brazauskas
Stephen M. Terrell
Indianapolis, IN.

Attorney for Fort Wayne-South Bend Diocese
William T. Hopkins, Jr.
Michael A. Scheer
Fort Wayne, IN.



















ZOLO AGONA AZANIA (formerly known as Rufus Averhart) v. State of Indiana

Thursday, May 2, 2002 10:40 a.m.

Azania was found guilty of the murder of a police officer and was sentenced to death in the Allen Superior Court. See Azania v. State, 730 N.E.2d 646 (Ind. 2000). This is an appeal from the denial of successive post-conviction relief.


Attorney for Azania
Michael Deutsch
Chicago, IL.

Attorney for State
Christopher L. Lafuse
Deputy Attorney General
Indianapolis, IN.



































AlliedSignal, Inc., et al. v. Shirley Ott

Thursday, May 16, 9:30 a.m.

Ott is suing several companies based on asbestos-related injuries allegedly suffered by her late husband throughout his working life. Defendants moved for summary judgment and argued that the Product Liability Act’s ten-year statute of repose bars Ott’s claims. The Allen Superior Court denied the defendants’ motion for summary judgment. The court ruled that the statute of repose does not apply to asbestos-related claims like Ott’s and that barring such claims would violate Art. I, § 12 and Art. I, § 23 of the Indiana Constitution. In this interlocutory appeal of that order, the Indiana Supreme Court has granted an emergency transfer of jurisdiction and scheduled oral argument.

     Attorneys for AlliedSignal, Inc.         Attorneys for Bondex Int’l, Inc.
    Michael A. Bergin                Douglas B. King
    Julia Blackwell Gelinas            James M. Boyer
    Daniel M. Long                 Indianapolis, IN
    Indianapolis, IN

     Attorneys for McCord Gasket Co.     Attorneys for Borg-Warner Corp.
    R. Troy Mulder                Jennifer L. Blackwell
    Janelle Linder                 Indianapolis, IN
    Indianapolis, IN
            
    Attorneys for Ott
    Neal Lewis
    Orland, IN

    Robert E. Paul
    Philadelphia, PA