ILNews

COA to hear 4 cases; one at Plainfield High School

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals will hear arguments in four cases next week, including one on the road at Plainfield High School.

A three-judge panel will hear arguments Monday in Meridian Insurance v. Cha Cha, Inc., No. 53A01-0608-CV-352, which poses the question of whether the period for restoration of a business damaged by fire in an adjoining building should be decided by the courts or through the appraisal process.

The following day two panels will hear afternoon arguments - David Scholtman v. Taza Café, 49A05-0608-CV-475 and Terry Huber, et al. v. Danny W. Sering, et al., 54A01-0604-CV-162. The 1 p.m. arguments in Schlotman will be at Plainfield High School. The case addressed the issue of whether a carry-out restaurant, Gyro Joint, had a common-law duty to protect a patron - in this case one attacked while eating at an outdoor table at the establishment. Scholtman asserts that duty was breached in light of multiple criminal complaints against the establishment, while the eatery argued it did not have a duty and the injuries weren't foreseeable.

Following arguments in that case, panel judges Edward Najam, Melissa May, and Paul Mathias will answer questions about the judicial process.

In Huber, judges will consider at 1:30 p.m. whether forfeiture of a real estate contract is valid when a party has paid more than 20 percent of the purchase price.

Final arguments of the week are scheduled for Wednesday in Frank Nagy v. Evansville-Vanderburgh School Corp, No. 82A05-0609-CV-488. This argument is a sequel to a class action suit decided by the Indiana Supreme Court last year on the constitutionality of certain school fees to compensate the school district's budget. Justices decided a $20 fee charged by the district was unconstitutional. Now, the successful challengers are asking the court to determine whether they are "prevailing party" for purposes of being awarded attorney fees.
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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

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  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. 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.

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