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Perry County only preferred venue for wage suit

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In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.

In Commissioner of Labor on the Relation of Vincent and Antimo Scialdone v. An Island, LLC, No. 49A05-1011-PL-777, the Commissioner of Labor, on relation of Vincent and Antimo Scialdone, filed a suit under the Wage Claims Act in Marion County for unpaid wages allegedly due to the Scialdones from their previous employer, An Island LLC. The trial court granted Island’s motion to dismiss for improver venue and ordered the case transferred to Perry County, where Island is located.

On interlocutory appeal, the Scialdones argued that Marion County is also a preferred venue under Indiana Code Section 22-2-9-4. The statue applies Section 22-2-5-2, part of the Wage Payments Act, to the initiation of civil wage claims action by the attorney general or a designee thereof. I.C. Section 22-2-5-2 allows damages for unpaid wages to "be recovered in any court having jurisdiction of a suit to recover the amount due to such  employee."

The Scialdones claimed this section creates preferred venue in any Indiana court with jurisdiction over actions for unpaid wage claims, whether those actions are brought by the Indiana Attorney General or by a designated private attorney. They also argued that I.C. sections 22-2-9-4 and 22-2-5-2 make any trial court a preferred venue because Trial Rule 75(A)(8) designates as a preferred venue any county in which a statutory cause of action may proceed.

“While we recognize the problematic relationship between the language of section 22-2-5-2 when taken together with Trial Rule 75(A)(8), we conclude that the trial court did not abuse its discretion when it granted Island’s motion to dismiss and ordered venue transferred to Perry County,” wrote Judge L. Mark Bailey. “Section 22-2-5-2 allows recovery of wage claims in any county with jurisdiction over the suit, but this is not the same as a statute designating venue in a particular county. It instead reflects the principle of Indiana Trial Rule 75 where preferred venue does not exist, which allows a plaintiff to pursue a claim in any venue in those situations where there is no preferred venue for the action.”

The Scialdones don’t live in Marion County and Island is located in Perry County. Without any facts establishing Marion County as a preferred venue for this case, Perry County is the only preferred venue under Trial Rule 75(A)(1), wrote the judge.

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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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