ILNews

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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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