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Attorney general wants State Fair class action dismissed

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The Office of the Indiana Attorney General filed a motion Monday in Marion Superior Court to dismiss a proposed class-action lawsuit filed as a result of the stage collapse at the Indiana State Fair.

Attorney General Greg Zoeller said the move is not a reflection on the plaintiff’s claim, but that the attorneys on the case didn’t follow proper procedure as outlined under Indiana Code 34-13-3-1, the Indiana Tort Claims Act. Indianapolis firm Cohen & Malad filed its suit Aug. 22 on behalf of Angela Fischer, who attended the Sugarland concert at the fair and suffers from emotional trauma from the event, and those similarly situated.

The suit was filed the same day Cohen & Malad filed the tort claim with the Office of the Indiana Attorney General. The Tort Claims Act requires a tort claim notice to be filed first, with the state having 90 days to review it and decide whether to approve or deny it before the party can file a suit against the state.

“There are deadlines and a process that must be followed under Indiana law,” Zoeller said in a statement. “We can’t have one claimant try to cut in line when other claimants are following the rules.”

As of Monday, the AG’s office has received tort claims from six people concerning the stage collapse, five of which followed the proper procedures. The state is still reviewing the tort claims, including the one Fischer filed.
 

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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