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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  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

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