Indiana State Board of Tax Commissioners v. Ispat Inland, Inc.
Wednesday, October 9, 2002 at 10:00 a.m.
The Lake County Board of Commissioners contracted with a third party to audit the business personal property tax returns of Ispat Inland, Inc. The State Board of Tax Commissioners upheld this procedure, but the Tax Court enjoined it. See Ispat Inland, Inc. v. State Bd. of Tax Commrs, 757 N.E.2d 1078 (Ind. Tax Ct. 2001). The Supreme Court has granted review of the Tax Courts decision. Among the issues presented is whether the Tax Court had jurisdiction over this case.
Attorney for State
Nandita G. Shepherd
Attorney for Lake County
Brian P. Popp
Attorney for ISPAT
Francina A. Dlouhy
James H. Ham
Michael Griffin and Lake County v. Department of Local Government Finance.
Thursday, October 17, 2002 at 9:00 a.m.
The Department denied a Lake County taxpayers request for a refund of the Hospital Care for the Indigent (HCI) tax that the taxpayer paid for the years 1996-98. When the taxpayer and county appealed, the Tax Court found the HCI tax to be a state tax whose rate varies from county to county in violation of a state constitutional requirement that property tax rates be uniform and equal. Griffin v. Dept of Local Govt Finance, 765 N.E.2d 716 (Ind. Tax Ct. 2002). Nevertheless, the Tax Court denied the taxpayers request for refund and stayed the effect of its constitutional ruling until January 1, 2003. Griffin v. Dept of Local Government Finance, 770 N.E.2d 957 (Ind. Tax Court 2002). Both sides sought review by the Indiana Supreme Court, which has agreed to review the case and hear oral argument.
Attorneys for Griffin and Lake County
Gerald M. Bishop
John S. Dull
Edward R. Hall
Attorneys for Department of Local Government Finance
Attorney General of Indiana
Deputy Attorney General
Michael Georgos v. Claude Jackson
Thursday, October 17, 2002 at 10:05 a.m.
The Lake Superior Court ordered the plaintiff, Jackson, to consummate a settlement agreement in a personal injury action. Later, the court granted relief from that order, and after the case was tried, entered judgment on the jurys verdict awarding Jackson damages. The Court of Appeals reversed in Georgos v. Jackson, 762 N.E.2d 202 (Ind. Ct. App. 2002). The Supreme Court has granted Jacksons petition to transfer, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
Attorney for Georgos
Daniel G. Suber
Attorney for Jackson
Jerry T. Jarrett
In the Matter of Michael Kendall
Thursday, October 17, 2002 at 10:50 a.m.
This is an attorney disciplinary proceeding involving Indianapolis attorney Michael Kendall. Evidentiary hearings were conducted before a hearing officer, who then submitted his findings to the Court for final resolution. The case involves questions about the propriety of the respondent attorneys handling of client retainers and fees.
Attorney for Disciplinary Commission
Attorney for Kendall
Tankersley v. Parkview Hospital, Inc.
Thursday, October 24, 2002 at 9:00 a.m.
Parkview Hospital sought to enforce a lien for unpaid medical expenses against the patients attorney, Kevin Tankersley, under the Hospital Lien Act. The Allen County Superior Court entered summary judgment for Parkview Hospital. The Court of Appeals reversed on grounds Tankersley had no notice of the lien. The Supreme Court has granted transfer, vacating the Court of Appeals opinion reported at Tankersley v. Parkview Hospital, Inc., 761 N.E.2d 886 (Ind. Ct. App. 2002), and has assumed jurisdiction over the appeal.
Attorney for Tankersley
Daniel S. Tankersley
Attorney for Parkview Hospital
Dennis F. Dykhuizen
Christine M. Stach
Fort Wayne, IN
Doris Cheatham v. Michael Pohle
Thursday, October 24, 2002 at 9:45 a.m.
The Jennings Superior Court entered a judgment for Doris Cheatham that included an
award of $100,000 in punitive damages, consistent with the jurys verdict. Cheatham
appealed, challenging the constitutionality of Indiana Code § 34-51-3-6, which allocates a punitive
damages award between the plaintiff and the violent crime victims compensation fund.
The Court of Appeals concluded the statutes allocation of a punitive damages award
between the plaintiff and the State is not unconstitutional, but that the statute
is unconstitutional to the extent it allows the State to appropriate part of
an award without paying a corresponding attorney fee. The Supreme Court granted
transfer, thereby vacating the Court of Appeals opinion reported at Cheatham v. Pohle,
764 N.E.2d 272 (Ind. Ct. App. 2002), and has assumed jurisdiction over the
Attorney for Cheatham
Thomas J. Lantz
David W. Paugh
Attorney for Pohle
Andrew M. Auersch
Timothy J. OConnor
Attorney for State
Scott A. Kreider
Mary Neal v. DeKalb County Office of Family and Children
Thursday, October 24, 2002 at 10:50 a.m.
Mother signed a written consent voluntarily terminating her parental rights. At a
later hearing, the DeKalb Circuit Court refused to allow her to withdraw consent.
The Court of Appeals reversed, deciding that Indiana Code § 31-35-1-6(a) allows
a parent who appears at the hearing to revoke consent. The Supreme
Court granted transfer, thus vacating the opinion reported at Neal v. In
re Termination of Parental Rights, 768 N.E.2d 485 (Ind. Ct. App. 2002), and
has assumed jurisdiction over the appeal.
Attorney for Neal
Suzanne Shuman Rister
Attorney for DeKalb County Office of Fam. & Child.
W. Eric Weber
Richard Kennedy v. Guess, Inc.
Thursday, October 31, 2002 at 9:00 a.m.
Plaintiffs allege injuries caused by an umbrella manufactured by a Hong Kong corporation and bearing the Guess logo. They sued several entities including a distributor of the umbrella and Guess. The Hamilton Circuit Court granted summary judgment to the distributor and to Guess. The Court of Appeals reversed, holding that there were issues of material fact as to whether the distributor or Guess could be deemed a manufacturer under the Product Liability Act and whether they could be held liable in negligence. See Kennedy v. Guess, Inc., 765 N.E.2d 213 (Ind. Ct. App. 2002). The distributor and Guess have petitioned the Supreme Court to grant transfer and assume jurisdiction over this appeal.
Attorney for Kennedy
Frederick R. Hovde
Attorney for Guess, Inc.
Jeffrey R. Mitchell
Monterey Morgen v. Ford Motor Company
Thursday, October 31, 2002 at 10:05 a.m.
Morgen was injured in an automobile collision while he was seated in the
rear seat of a Ford Escort. He filed a product liability lawsuit
against Ford, but the jury returned a verdict in favor of Ford in
the St. Joseph Superior Court. The Court of Appeals reversed. It
held that the trial court erroneously instructed the jury that it could find
that Morgens failure to wear a seatbelt constituted the defense of product misuse.
It also held that the trial court wrongly refused to instruct the
jury on Morgens theory that Ford failed to provide adequate warnings. Morgen
v. Ford Motor Co., 762 N.E.2d 137 (Ind. Ct. App. 2002). Ford petitions
the Supreme Court to grant transfer and assume jurisdiction over this appeal.
Attorneys for Morgen
Thomas A. Clements
James L. Gilbert
Paul J. Komyatte
Attorneys for Ford
Julia Blackwell Gelinas
Nelson D. Alexander
Allison S. Avery
Indiana Insurance Guaranty Fund v. Kenneth D. Davis
Thursday, October 31, 2002 at 10:50 a.m.
A doctor facing a medical malpractice suit is insured by an insurer who is in liquidation. The doctor contends that the $100,000 liability cap of the Indiana Insurance Guaranty Association should not be reduced by payments the patients health insurer has made. The Vanderburgh Superior Court found in favor of the doctor, and the Court of Appeals affirmed on this issue. See Indiana Ins. Guar. Assn v. Davis, 768 N.E.2d 902 (Ind. Ct. App. 2002). The Indiana Insurance Guaranty Association has petitioned the Supreme Court to grant transfer and assume jurisdiction over this appeal.
Attorney for Indiana Insurance Guaranty
Andrew W. Hull
Attorney for Davis
R. Thomas Bodkin
Catherine L. Michel
Attorney for Murray
David B. Allen