ILNews

Justices grant 3 transfers, including dram shop case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court has granted three transfers in three civil cases this week.

Transfers come in Michael M. Cubel v. Debra A. Cubel, No. 32A04-0605-CV-268, American Fire & Casualty Co. v. Direction in Design Inc., et al., No. 29A05-0511-CV-681, and Rebecca Shaw v. LDC Enterprises, et al., No. 29A05-0511-CV-681.

The Cubel appeal stems from a Hendricks County marriage dissolution case involving spousal maintenance and child support for college. In a memorandum opinion issued April 30, the Court of Appeals didn't find the court abused its direction on either issue but remanded to reconsider part of an order regarding the adult child's ability to contribute to her education.

In American Fire & Casualty, the justices will consider whether coverage for repair and replacement claims resulting from faulty workmanship existed under a commercial general liability policy issued to the custom-home designer business. The Court of Appeals in April affirmed the trial court's denial of summary judgment but remanded with instruction to try the contractual coverage issues and determine if American Fire should be estopped from denying coverage.

A third transfer comes in Shaw, a dram shop case from Fountain Circuit Court reversed by the Court of Appeals in March. The court held that Indiana law should apply to a complaint against a steakhouse owner in Illinois for an accident that happened in Indiana.

The owner moved to dismiss the counts on grounds that Illinois law should control the disposition of the action, and the trial court granted the motion. On appeal, the appellate court ruled, "The last event necessary to make LDC liable for its alleged wrong took place in Indiana with Kayla's death, and application of Illinois law would leave (mother Rebecca) Shaw without a remedy. The substantive law of Indiana therefore applies."
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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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