ILNews

Justices grant transfer, will hear 2 arguments this week

Michael W. Hoskins
January 1, 2007
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 The Indiana Supreme Court has granted one transfer and is hearing two other cases this week involving trade secrets and claims of negligent infliction of emotional distress.

Justices late last week granted transfer of Steven Hollin v. State, 69A01-0609-CR-401, which was an unpublished memorandum ruling from the Court of Appeals in March. The case stems from a conviction and sentencing appeal involving conspiracy to commit burglary and a habitual offender charge. Hollin claimed it was fundamental error for the trial court to admit evidence of his criminal history in his sentencing, and the Court of Appeals affirmed the 40-year sentence in its ruling earlier this year.

On Friday, justices will hear two cases: Bridgestone Americas Holding, Inc. v. Violet Mayberry , and the combined argument State Farm Mutual Auto Insurance Co. v. Jakupko, and Elliott v. Allstate Ins. Co..

In Bridgestone, the Madison Superior Court ordered that the tire maker disclose its skim stock formula for the tire, and the Court of Appeals affirmed. Bridgestone argued that this trade secret should not be disclosed.

The emotional distress case of Jakupko stems from the Court of Appeals decision in November that held the definition of bodily injury in auto insurance policies includes any physical signs of emotional distress, and those symptoms can be independent torts worthy of their own claim.

Appellate judges expanded that holding in its January ruling in Elliott, which held the definition of bodily injury in an Allstate policy includes negligent infliction of emotional distress as long as it's susceptible to medical diagnosis and can be proven through medical evidence even when not accompanied by physical manifestations of that distress.

The arguments in Bridgestone begin at 9 a.m., followed by the combined arguments in Jakupko and Elliott at 9:45 a.m. All can be viewed online via live Web cast at http://www.indianacourts.org/apps/webcasts/default.aspx?view=table&yr=current&court=SUP&sort=
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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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