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AG's office begins distribution of funds to State Fair victims

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The estates of the seven people killed by the stage collapse at the Indiana State Fair in August will receive at least $300,000 each if the offers extended by the state are accepted, Indiana Attorney General Greg Zoeller announced Tuesday. Some of those injured in the collapse will receive nothing from the $5 million Indiana Tort Claim Fund.

Those seven estates could collectively receive more than $2.18 million, with 58 of the surviving victims who were among the most severely injured receiving a portion of the remaining funds, ranging from $503,000 to $109 per victim. Thirty-one claimants will receive nothing from the state.

The amounts announced Tuesday must be accepted or rejected by the claimants. Each has until Dec. 12 to respond. If the funds are rejected, that money would be allotted for other claimants who accepted offers and their amounts would be recalculated. Once offers are accepted and claimants sign a release of liability, the state will pay out the money later this month.

Zoeller announced shortly after the Aug. 13 incident that he would distribute the full $5 million in tort claim funds to victims on an expedited basis. Kenneth Feinberg, who administered victim compensation funds after 9/11, the Virginia Tech shootings and the BP Gulf oil spill, was brought in to devise a protocol for distributing the settlement payments.

More than 100 tort claim notices were filed with the Office of the Indiana Attorney General in an attempt to receive a portion of the $5 million – the state’s maximum tort claim payout for this incident. U.S. Judge Sarah Evans Barker recently granted limited class certification in a lawsuit challenging the constitutionality of that cap.

During the process of calculating offers, the AG’s office participated in mediation with a group of 30 attorneys and law firms representing many claimants and reached tentative accord on the protocol. The AG’s office said settlement offers are with the consent of the governor's office, and all claimants have the legal right to decline a settlement offer and take their chances and file a lawsuit in court.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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