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Justices late last week granted transfer of Steven Hollin v. State, 69A01-0609-CR-401, which was an unpublished memorandum ruling from the Court of Appeals in March.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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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