ILNews

Court: Company must pay for suit

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals has ordered a company that brought a frivolous lawsuit to pay for the attorney fees and other costs of the defending party.

In Natare Corporation v. Cardinal Accounts, Inc., 49A05-0704-CV-210, the Court of Appeals granted Natare's motion to tax costs regarding a suit against them brought by Cardinal Accounts. The trial court reinstated Cardinal's complaint, which sat in limbo for months because Cardinal made no action in the case. When Natare appealed the complaint, the Court of Appeals tossed it out, citing Cardinal's lack of any attempt to establish it had a meritorious claim and that the company's multiple unexplained delays didn't constitute exceptional circumstances.

Chief Judge John Baker wrote that Natare should be reimbursed by Cardinal pursuant to Indiana Appellate Rule 67 the costs of the filing fee, transcript preparation, appendix production, and postage, for a total of $333.68.

The appellate court also granted Natare's attorney fees for the appeal be paid for by Cardinal because Cardinal's suit was clearly frivolous.

"Natare was forced to appeal the erroneous result of the frivolous litigation and should not have to bear the financial burden of its attorneys' services during the appellate process," wrote Chief Judge Baker.

The appellate court remands the issue to the trial court to determine the amount of attorney fees owed to Natare, as well as to order Cardinal to pay Natare's costs in the amount of $333.68.
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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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