The Court of Appeals of Indiana will hear oral argument in P.R. Mallory & Co., Inc. et al. v. American Casualty Co. et al. on Thursday, October 29th at 11:00 a.m. in the Shircliff Auditorium of Vincennes University.  A panel of Judge Edward W. Najam, Jr., Judge L. Mark Bailey, and Judge Elaine B. Brown will hear the case on appeal from Montgomery Circuit Court.

The case involves the complaint of P.R. Mallory & Company, Inc., including Radio Materials Corporation, Kraft Foods Global, Inc., formerly known as Kraft Foods North America, Kraft Foods, Inc., Kraft General Foods, Inc., and Dart & Kraft Inc. (the “Plaintiffs”) against American Casualty Company of Reading, PA, (“ACC”) and Continental Casualty Company (“CCC”) and Doe Insurance Companies 1-10, which requested a declaratory judgment indicating that ACC and CCC were obligated to pay costs and expenses related to environmental pollution.  The complaint also alleged a breach of contract or anticipatory breach of contract.  The trial court granted summary judgment to ACC and CCC because the Plaintiffs provided late notice to ACC and CCC.  On appeal, the Plaintiffs contend that the trial court erred by granting ACC and CCC’s motion for summary judgment among other issues.  ACC and CCC argue that Mallory’s appeal is untimely and should be dismissed.  Arguing for the appellants, P.R. Mallory et al., will be Paul Zevnik and Michael Miguel, and arguing for the appellees, American Casualty Co. et al., will be Patrick Hofer.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.  The Court has heard more than 250 oral arguments “on the road” at law schools, colleges, high schools, and county courthouses since its centennial in 2000-2001. 

The Court of Appeals of Indiana is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Court of Appeals of Indiana is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.  

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels.  For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiatives, as well as additional information on P.R. Mallory & Co., Inc. et al. v. American Casualty Co. et al., visit http://www.in.gov/judiciary/appeals/arguments.html.