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Oral Argument Preview: Week of July 20, 2009
Posted in Litigation

From the Indiana Court of Appeals' Oral Argument Calendar:

At 1 p.m. on Tuesday, July 21, the Indiana Court of Appeals will hear argument in National Union Fire Insurance Company v. Standard Fussee Corporation.  Standard Fusee Corporation (SFC) is a Delaware corporation headquartered in Maryland that currently manufactures flares at sites in Indiana and Maryland, among other places, and formerly did so at a site in California.  One ingredient in flares is perchlorate.  Perchlorate contamination has been discovered at or around the Indiana and California sites.  As a result, SFC has incurred certain defense costs.  SFC filed this lawsuit in an attempt to have its insurance providers cover those defenses costs.  In addition to the insurance coverage questions, a preliminary procedural issue is whether the substantive law of Indiana or Maryland should apply.  The Marion County Superior Court granted SFC’s motion for partial summary judgment, declaring [1] that Indiana law applies and [2] that, under Indiana law, the insurance companies have a duty to defend SFC.  The insurance companies now appeal.

At 10 a.m. on Thursday, July 23, the Indiana Court of Appeals will hear argument in Ghosh v. Indiana State Ethics Commission and Office of the Inspector General.  Subhen Ghosh was suspended and ultimately terminated from his employment with the Indiana Department of Environmental Management for misconduct on the job.  On Ghosh’s appeal, the State Employee Appeals Commission upheld Ghosh’s termination.  Ghosh’s petition for judicial review of that decision was dismissed after an appeal to this court.  Meanwhile, the State Ethics Commission (SEC) determined a complaint filed by the Indiana Office of the Inspector General against Ghosh regarding his misconduct was proven and imposed a fine on Ghosh.  Ghosh filed a petition for judicial review.  The trial court upheld the SEC’s decision and found that Ghosh’s attempt to litigate the propriety of his termination was estopped due to the earlier proceedings.  Ghosh now appeals.



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