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Justices late last week granted transfer of Steven Hollin v. State, 69A01-0609-CR-401, which was an unpublished memorandum ruling from the Court of Appeals in March.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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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