Of the Indiana Supreme Court

JANUARY 2002 SITTING

OF THE INDIANA SUPREME COURT

Wednesday, January 9, 2002

9:30 a.m. Apollo Plaza Ltd v. Antietam Corporation, et al.

In this proceeding supplemental instituted by Antietam, the Allen Superior Court ordered that Apollo’s corporate veil be pierced and that funds in its bank account be garnished to satisfy a prior judgment in favor of Antietam and against an Apollo shareholder. The Court of Appeals affirmed. Apollo Plaza Ltd. v. Antietam Corp., 751 N.E.2d 336 (Ind. Ct. App. 2001). Apollo petitions to transfer jurisdiction to the Indiana Supreme Court.

Attorneys for Apollo

John C. Theisen

Mathew M. Hohman

Robert Benson

Fort Wayne, IN

Attorneys for Antietam

Charles E. Davis

Fort Wayne, IN

Thursday, January 17, 2002

9:30 a.m. R.L. McCoy, Inc. v. Michael and Amy Jack

The plaintiffs sued several defendants and settled with one defendant prior to trial. After trial, a dispute arose over whether the parties’ settlement agreement required the plaintiffs to return part of the settlement payment to the settling defendant. The Marion Superior Court ruled that no reimbursement was required, but the Court of Appeals reversed. See R.L. McCoy, Inc. v. Jack, 752 N.E.2d 67 (Ind. Ct.app. 2001). The Supreme Court has granted transfer.

Attorneys for Michael and Amy Jack

Harry A. Wilson, Jr.

William E. Winingham

Indianapolis, IN

Attorneys for R.L. McCoy, Inc

Cory Brundage

Judy S. Okenfuss

Indianapolis, IN

Wednesday, January 30, 2002

9:30 a.m. Meghan Rene, by her parents and next friends, Michael and Robin Rene v. Dr. Suellen Reed, in her capacity as Indiana State Superintendent of Public Instruction

A class of special education students sought injunctive and declaratory relief to prevent the State Superintendent of Public Instruction from enforcing a statute requiring them to pass the Indiana Statewide Testing for Educational Progress (ISTEP) graduation examination in order to graduate. The Marion Superior Court ruled in favor of the Superintendent. The Court of Appeals affirmed. Rene v. Reed, 751 N.E.2d 736 (Ind. Ct. App. 2001). The students petition to transfer jurisdiction to the Indiana Supreme Court.

Attorneys for Rene

Kenneth J. Falk

Jacquelyn Bowie Suess

Indiana Civil Liberties Union

Indianapolis, IN

Attorneys for Reed

Steve Carter

Attorney General of Indiana

Frances Barrow

Deputy Attorney General

Linda S. Leonard

Deputy Attorney General

Indianapolis, IN