Justices grant transfer in 2 cases

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court granted two transfers this week.

Justices will consider an Indiana State University case involving unemployment benefits for a discharged university professor, and another case delving into the attorney general's power to demand discovery in consumer complaint investigations.

One transfer comes in the combined appeals of Liberty Publishing Inc. and Nu-Sash of Indianapolis v. Steve Carter, No. 49A02-0606-CV-502, which the state's appellate court ruled on June 25. The appeals court affirmed Marion Superior Court judgments that the attorney general has the ability to file a petition to enforce the Civil Investigation Demand against both businesses under the Indiana Deceptive Consumer's Sales Act and the Indiana Home Improvement Contract Act.

Both instances stemmed from deceptive consumer practice complaints against Liberty operating as Booster Club Productions and Nu-Sash operating as McKee Sunroom Designs. The attorney general's office was investigating Liberty because of complaints about the business selling advertising space on calendars with local high school athletic schedules and claiming some proceeds would go to the schools or fundraising events. The Nu-Sash investigation involved complaints about the business failing to supply customers with applicable statutory terms. The businesses contended that the state didn't have the power to compel this information.

On the second transfer, justices agreed to take Indiana State University v. Review Board of the Indiana Department of Workforce Development and William A. Lafief, No. 93A02-0611-EX-1012. In June, the Court of Appeals reversed a decision that Lafief was entitled to unemployment benefits because the review board erroneously concluded he'd been discharged from his professor position. That decision considered the definition of "discharged" in the context of a non-tenured university professor whose one-year probationary contract was not renewed.

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  1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well