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High court to hear 2 arguments Thursday

January 1, 2008
The Indiana Supreme Court will hear arguments on two cases Thursday to determine whether a health services provider is entitled to interest on payment owed for services and if a city had missed the statute of limitations to bring contamination-related claims against a company.

At 9 a.m., the high court will hear arguments on Cooper Industries, LLC, et al. v. City of South Bend and The South Bend Redevelopment Commission, No. 49A04-0511-CV-637, in which the Court of Appeals reversed the Marion Superior Court's decision of partial summary judgment allowing the city of South Bend and its redevelopment commission to pursue contamination-related claims against Cooper Industries on property the city acquired within six years before filing the lawsuit. The Court of Appeals reversed the decision because it found South Bend had known of the contamination before March 19, 1997, which was six years before the city filed the complaint, and so the statute of limitations had passed.

At 9:45 a.m., arguments will begin in Christopher R. Brown, DDS., Inc. v. Decatur County Memorial Hospital, No. 93A02-0703-EX-236. Brown had appealed the Full Worker's Compensation Board's denial of prejudgment interest on the outstanding balance owed to him as a result of medical services he provided. The Court of Appeals affirmed the denial, ruling that neither the Worker's Compensation Act nor caselaw mandates the payment of interest to a health service provider on an outstanding balance.
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