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					       MAY 2004 SITTING OF THE INDIANA SUPREME COURT

Thursday, May 6, 2004

10:20 a.m.   Chamberlain v. Walpole

The non-dependent adult son of a deceased patient brought a malpractice action
against several medical providers. The Allen Superior Court held that the son could
recover certain types of non-pecuniary damages under the Medical Malpractice Act,
even though he would not be able to recover these damages under the Wrongful
Death Act. A divided Court of Appeals affirmed. See Chamberlain v. Walpole, 796
N.E.2d 818 (Ind. Ct. App. 2003), vacated. The Supreme Court has granted transfer,
vacating the opinion of the Court of Appeals, and has assumed jurisdiction over this
appeal.


                                 Attorneys for Appellants
                                 Milford Miller
                                 Calvert Miller
                                 Diana Bauer
                                 Fort Wayne, IN

                                 Attorneys for Appellee
                                 Philip Ogden
                                 Timothy Ogden
                                 Warsaw, IN
Thursday, May 6, 2004

11:05 a.m. Trustees of Indiana University v. University Development Group I,
           LLC

The Marion Superior Court entered a permanent injuction against the Trustees of
Indiana University prohibiting I.U. from breaching provisions of its lease with
University Development Group I, LLC, relating to food service on the I.U.P.U.I
campus. In an unpublished decision, the Court of Appeals affirmed the trial court’s
determination that I.U. violated the lease, but it reversed the injuction and remanded
for further proceedings as to damages. Both parties have petitioned the Supreme
Court to accept jurisdiction over the appeal.


             Attorneys for Trustees of Indiana University
             Cory Brundage
             Zeff A. Weiss
             Richard A. Smikle
             Edward P. Steegmann
             Indianapolis, IN

             Attorneys for University Development Group I, LLC
             Henry J. Price
             Ronald J. Waicukauski
             Matthew W. Conrad
             Indianapolis, IN
Thursday, May 13, 2004

9:00 a.m.    C.M.L. v. Republic Services

A child who was injured while accompanying his stepfather on his garbage collection
route brought a negligence suit against the stepfather and his employer. The
Switzerland Superior Court granted summary judgment to the defendants. The
Court of Appeals reversed, holding that the suit was not barred by parental
immunity. See C.M.L. v. Republic Services, 800 N.E.2d 200 (Ind. Ct. App. 2003).
The defendants have petitioned the Supreme Court to grant transfer and assume
jurisdiction over this appeal.


                                 Attorneys for C.M.L.
                                 David W. Craig
                                 Scott A. Faultless
                                 Indianapolis, IN

                                 Attorneys for Republic Services
                                 Mark J. Roberts
                                 Julia Blackwell Gelinas
                                 Lucy R. Dollens
                                 Indianapolis, IN
Thursday, May 13, 2004

9:45 a.m.    Endres v. Indiana State Police

The State Police Board terminated the plaintiff’s employment as a state trooper after
he refused to report for duty at a riverboat casino. The Marshall Superior Court
affirmed, and the Court of Appeals affirmed, holding, among other things, that that
his discharge did not violate his state constitutional right of religious freedom. See
Endres v. Indiana State Police, 794 N.E.2d 1089 (Ind. Ct. App. 2003). The plaintiff
has petitioned the Supreme Court to grant transfer and assume jurisdiction over this
appeal.

                                  Attorney for Appellant
                                  David Kolbe
                                  Warsaw, IN

                                  Attorney for Appellee
                                  David Steiner
                                  Indianapolis, IN
Thursday, May 13, 2004

10:30 a.m.   Donald Earl Houser, Jr. v. State of Indiana

Donald Earl Houser, Jr. was convicted of murder and burglary in the Noble Superior
Court and was sentenced to life in prison with parole. He appeals the conviction and
sentence to the Indiana Supreme Court.

                          Attorney for Houser
                          David P. Freund
                          Deputy Public Defender

                          Attorney for State
                          Andrew A. Kobe
                          Deputy Attorney General
Thursday, May 20, 2004

9:00 a.m.     City of North Vernon v. Jennings Northwest Regional Utility

The Jennings Superior Court entered summary judgment for regional sewer utility and
against municipality in suit over the providing sewer services to a particular area. The
Court of Appeals affirmed in North Vernon v. Jennings Northwest, 799 N.E.2d 1068
(Ind. Ct. App. 2003), vacated. The Supreme Court has granted a petition to transfer
the case, thus vacating the opinion of the Court of Appeals, and has assumed
jurisdiction over the appeal.


                                   Attorney for Appellant
                                   Corinne Finnerty
                                   North Vernon, IN


                                   Attorney for Appellee
                                   Mary Ann Gay
                                   Versailles, IN
Thursday, May 20, 2004

9:45 a.m.          Bank of New York v. Nally

In this lien priority dispute between a bank and individual mortgage holders, the
Hamilton Superior Court granted summary judgment in favor of the individuals. The
Court of Appeals affirmed, holding that the bank had constructive notice of the
individuals' mortgage that was filed in mortgagor-mortgagee index before the deed
to the buyer was recorded. Bank of New York v. Nally, 790 N.E.2d 1071 (Ind. Ct.
App. 2003), and 801 N.E.2d 688 (Ind. Ct. App. 2004) (opinion on rehearing). The
Bank has petitioned the Supreme Court to assume jurisdiction over this appeal.

                                       Attorneys for Bank of New York
                                       Craig Doyle
                                       Joanne Friedmeyer
                                       James Shoemaker
                                       Indianapolis, IN

                                       Attorneys for Tod Owens
                                       Michael Farrer
                                       Christopher Cody
                                       Elwood, IN

                                       Patrick Ragains
                                       Anderson, IN

				
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