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Indiana Supreme Court Argument Preview: Week of April 6, 2009
Posted in Litigation

On Thursday, April 9, 2009, the Indiana Supreme Court will hear oral argument in two appeals:

At 9 a.m., the Court will hear argument in Matter of Estate of Inlow, which will address the Hamilton Superior Court’s order approving reimbursement of funeral and burial expenses from payment made in conjunction with the settlement of wrongful death claims. 

The Indiana Court of Appeals affirmed the trial court’s order, holding that Indiana’s wrongful death statute does not require itemization of settlement proceeds for such reimbursement.  Matter of Estate of Inlow, 893 N.E.2d 734 (Ind. Ct. App. 2008) (see the Court of Appeals’ opinion here).  The Indiana Supreme Court has granted transfer of the appeal, vacating the Court of Appeals’ opinion.

At 9:45 a.m., the Indiana Supreme Court will hear argument in Kovach v. Caligor Midwest.  At issue in the case is the trial court’s entry of summary judgment for the defendant manufacturers and distributors of a cup used to administer medicine.  The plaintiff sued these defendants, on claims for product liability and breach of warranty, after their son died from a medical overdose. 

The Indiana Court of Appeals reversed the trial court’s entry of summary judgment for the defendants and remanded the matter.  Kovach v. Alpharma, Inc., 890 N.E.2d 55 (Ind. Ct. App. 2008) (see the Court of Appeals’ opinion here).  The Indiana Supreme Court has granted transfer of the appeal, vacating the Court of Appeals’ opinion.  Bingham Greenebaum Doll’s Karl L. Mulvaney and Nana Quay-Smith are co-counsel representing petitioners Medegen Holding, LLC, Medegen Medical Products, LLC, Medegen, LLC, Medegen Vollrath Group and Vollrath Group. 

Here is the Joint Petition to Transfer filed by Medegen Holding, LLC, Medegen Medical Products, LLC, Medegen, LLC, Medegen Vollrath Group, Vollrath Group, Caligor defendants and Dynarex Corporation.

Here is the Response to the Joint Petition to Transfer filed by the Kovachs.

Here is the Reply in support of the Joint Petition to Transfer filed by Medegen Holding, LLC, Medegen Medical Products, LLC, Medegen, LLC, Medegen Vollrath Group, Vollrath Group, Caligor defendants and Dynarex Corporation.

Here is the Petition to Transfer filed by Premium Plastics, Inc.

Here is the Response to Premium Plastics, Inc.’s Petition to Transfer filed by the Kovachs.

Here is the Reply in support of Premium Plastics, Inc.’s Petition to Transfer filed by Premium Plastics, Inc.

Here are amicus curiae materials filed by the Defense Trial Counsel of Indiana.

Here are amicus curiae materials filed by the Indiana Trial Lawyers Association in support of the plaintiffs.

Here is the Reply to Amicus Brief on Transfer filed by Medegen Holding, LLC, Medegen Medical Products, LLC, Medegen, LLC, Medegen Vollrath Group, Vollrath Group, Caligor defendants and Dynarex Corporation.

  • Partner

    Karl practices in the areas of appellate, litigation and disciplinary law. He is a 1977 cum laude graduate of the Indiana University Robert H. McKinney School of Law. Mulvaney earned his undergraduate degree from The Ohio State ...

  • Of Counsel

    Nana has extensive appellate court experience, and has handled many significant appeals, including G&N Aircraft v. Boehn, Ammerman v. Ford and Meyer v. Shell, to name a few. Throughout her career, she has had the opportunity to ...

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