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Justices: City can proceed with ELA claim

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The Indiana Supreme Court held that the city of South Bend's claim under the Environmental Legal Action statute can continue because the statute of limitations hadn't run out. The high court did reverse summary judgment in favor of the city in its torts claims against a company because the statute of limitations bars the common law claims for environmental damage.

The Supreme Court issued a 32-page, unanimous decision Thursday in Cooper Industries, et al. v. City of South Bend, et al., No. 49S04-0711-CV-541. At issue was whether Cooper could be held liable for South Bend's claims of negligence, private nuisance, trespass, public nuisance, and an environmental legal action under Indiana Code Section 13-30-9-2 after discovering land it purchased that housed Studebaker manufacturing sites was contaminated. It discovered the contamination in the late 1980s. Through a series of acquisitions and mergers, Cooper Industries obtained the assets of Studebaker.

The city filed suit in March 2003. The trial court granted summary judgment in favor of South Bend on the issue of successorship, the city's common law claims, and that the ELA claim was timely because the city filed it less than six years after the ELA statute became effective. The Indiana Court of Appeals reversed, holding the 6-year statute of limitations barred all the claims.

The high court reversed the grant of summary judgment in favor of South Bend's common law claims, ruling the claims accrued more than six years before they were filed.

But South Bend can proceed with its ELA claim because it can be a plaintiff under the ELA and the addition of the ELA to current code created a new action, wrote Chief Justice Randall T. Shepard. Since a new action was created, no cause of action could have existed before its effective date. South Bend's claims under the ELA couldn't have been brought before the action was added on Feb. 28, 1998. Adopting the six-year statute of limitations for this case, South Bend fell within the limits by filing its action March 19, 2003.

The Supreme Court also affirmed Cooper holds the corporate liability for surviving claims as a result of Studebaker's actions. There is sufficient evidence to support the 1967 transaction between Studebaker and Worthington, to form Studebaker-Worthington, constituted a de facto merger such that Cooper may be held to answer South Bend's claims, wrote Chief Justice Shepard. The trial court was also correct to find the 1967 transaction was a mere continuation of the earlier corporate forms.

Even though Cooper argues Delaware law should control because all of the acquiring entities were Delaware corporations, the Supreme Court ruled Indiana law applies because the claim is about property damage which happened in Indiana. The law of the place of the wrong occurred governs, wrote the chief justice.

The Supreme Court remanded for further proceedings on the merits of the city's ELA claim.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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