Attorney for Appellee
Steve Carter
Stephen Creason
Thursday, June 17, 2004
10:05 a.m. PSI Energy, Inc. v. William Lee Roberts, et al.
A former asbestos worker who developed mesothelioma sued a number of defendants, including
PSI Energy, Inc., at whose facilities he had often worked. The Marion
Superior Court entered judgment on a jury verdict allocating thirteen percent of the
fault to PSI. The Court of Appeals affirmed. See PSI Energy,
Inc. v. Roberts, 802 N.E.2d 468 (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.
Attorneys for PSI
Robert K. Stanley
Kevin M. Toner
Kathy L. Osborn
Meg A. Gallmeyer
Indianapolis, IN
Eric M. Cavanaugh
Plainfield, IN
Attorneys for Roberts
Linda George
W. Russell Sipes
Indianapolis, IN
Wednesday, June 23, 2004
9:00 a.m. Governor of the State of Indiana, et al., v. Miller Citizens Corporation
On a complaint by a group of residential taxpayers, the Lake Superior Court
entered a judgment that denied the State's motion to dismiss, declared certain reassessment
statutes unconstitutional and enjoined the Lake County Treasurer from mailing out tax bills
based on reassessments conducted pursuant to those statutes. The Attorney General has
initiated an appeal to the Supreme Court, and the Supreme Court has issued
a stay of the trial court's judgment.
Attorneys for State of Indiana
Steve Carter
Gary Secrest
Joby Jerrells
Indianapolis, IN
Attorneys for Millers Citizens Corporation, et al.
Kenneth Reed
Harold Abrahamson
John Reed
Joseph Allegretti
Hammond, IN
Wednesday, June 23, 2004
10:05 a.m. Patricia Gribben v. Wal-Mart Stores, Inc.
The United States District Court for the Southern District of Indiana certified to
the Indiana Supreme Court certain questions of Indiana state law pursuant to Appellate
Rule 64. The questions concern whether Indiana law recognizes a claim for
spoliation of evidence as an independent tort. The Supreme Court has accepted
the certified questions and assumed jurisdiction over the case.
Attorneys for Gribben
Morris Klapper
G. R. Parish, Jr.
Indianapolis, IN
Attorneys for Wal-Mart Stores, Inc.
Thomas Davis
Julia Blackwell Gelinas
Lucy Dollens
Indianapolis, IN
Attorney for Amicus Curiae
Thomas Schultz
Donald Kite
Carmel, IN
James Johnson
Evansville, IN
Wednesday, June 23, 2004
10:50 a.m. Chester Borsuk, et al. v. Town of St. John
The Lake Superior Court entered summary judgment to the Town of St. John
on property owners complaint about the Towns refusal to rezone a portion of
their land. The Court of Appeals reversed and remanded with an instruction
to grant the owners request to rezone. Borsuk v. Town of St.
John, 800 N.E.2d 217 (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.
Attorneys for Borsuk
Michael L. Muenich
Highland, IN
Attorneys for Town of St. John
David M. Austgen
Michael J. Phillips
Carri N. Crider
Crown Point, IN
Attorneys for Amici Curiae, the Indiana Association of Cities and Towns and Indiana
Municipal Lawyers Association
Robert W. Eherenman
Fort Wayne, IN