Justices to hear in-person arguments next week

The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.

The high court will first hear arguments in ShermansTravel Media, LLC v. Gen3Ventures, LLC, 21S-PL-63, at 9 a.m. April 22.

The case involves travel media company ShermansTravel Media and marketing tech company Gen3. The parties had entered into an agreement where Gen3 provided ShermansTravel with subscriber email addresses, Shermans sent emails to its subscribers and to Gen3’s, and the parties shared revenue generated from those email advertisements.

Gen3 later sued Shermans for breach, and the parties entered a settlement agreement requiring Shermans to make periodic payments to Gen3 and delete Gen3’s subscriber data. However, Gen3 refused to dismiss its claims because it alleged Shermans had not completely deleted the subscriber data.

The trial court entered summary judgment for Gen3 but a split panel of the Indiana Court of Appeals reversed, finding the doctrine of substantial performance applied and genuine issues of material fact existed as to whether Shermans had met that standard. The majority remanded the case, but Judge Terry Crone dissented.

Next will be arguments in Teresa Blackford v. Welborn Clinic, 21S-CT-85, at 10 a.m. There, Teresa Blackford learned in 2014 that she had been misdiagnosed in 2003 as hepatitis-negative when she was actually positive for Hepatitis C.

Blackford sued the Welborn Clinic in Evansville, and a medical review panel found the clinic had committed malpractice. The trial court, however, entered summary judgment for the clinic.

The Indiana Court of Appeals reversed, finding Welborn had committed passive fraudulent concealment such that the five-year statute of limitations under the Indiana Business Trust Act was tolled. Judge Elaine Brown, however, dissented.

Finally, the justices will hear arguments on petition to transfer at 11 a.m. April 22 in Brycor, Inc., d/b/a Meineke Car Care Center v. Anthony Alexander, 19A-CT-2963.

In that case, the Indiana Court of Appeals partially reversed judgment for Anthony Alexander on his property damage and toxic tort claims against Meineke Car Center. The appellate court found there was no genuine issue of material fact as to causation on the toxic tort claim.

Alexander is now seeking transfer to the high court.

The justices will return to their Indiana Statehouse courtroom for next week’s arguments, but in-person attendance will be limited to the justices, limited court personnel and no more than two attorneys per arguing party. Litigants and other interested parties can watch arguments via a live webcast that will be available remotely or directly outside of the courtroom.

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