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Justices late last week granted transfer of Steven Hollin v. State, 69A01-0609-CR-401, which was an unpublished memorandum ruling from the Court of Appeals in March.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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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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