ILNews

Justices grant transfer, will hear 2 arguments this week

Michael W. Hoskins
January 1, 2007
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 The Indiana Supreme Court has granted one transfer and is hearing two other cases this week involving trade secrets and claims of negligent infliction of emotional distress.

Justices late last week granted transfer of Steven Hollin v. State, 69A01-0609-CR-401, which was an unpublished memorandum ruling from the Court of Appeals in March. The case stems from a conviction and sentencing appeal involving conspiracy to commit burglary and a habitual offender charge. Hollin claimed it was fundamental error for the trial court to admit evidence of his criminal history in his sentencing, and the Court of Appeals affirmed the 40-year sentence in its ruling earlier this year.

On Friday, justices will hear two cases: Bridgestone Americas Holding, Inc. v. Violet Mayberry , and the combined argument State Farm Mutual Auto Insurance Co. v. Jakupko, and Elliott v. Allstate Ins. Co..

In Bridgestone, the Madison Superior Court ordered that the tire maker disclose its skim stock formula for the tire, and the Court of Appeals affirmed. Bridgestone argued that this trade secret should not be disclosed.

The emotional distress case of Jakupko stems from the Court of Appeals decision in November that held the definition of bodily injury in auto insurance policies includes any physical signs of emotional distress, and those symptoms can be independent torts worthy of their own claim.

Appellate judges expanded that holding in its January ruling in Elliott, which held the definition of bodily injury in an Allstate policy includes negligent infliction of emotional distress as long as it's susceptible to medical diagnosis and can be proven through medical evidence even when not accompanied by physical manifestations of that distress.

The arguments in Bridgestone begin at 9 a.m., followed by the combined arguments in Jakupko and Elliott at 9:45 a.m. All can be viewed online via live Web cast at http://www.indianacourts.org/apps/webcasts/default.aspx?view=table&yr=current&court=SUP&sort=
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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

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