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COA: findings don't support attorney fees

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The Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't support the judgment.

In Indiana High School Athletic Association Inc. v. Gregory S. Schafer and Shane Schafer, No. 37A03-0811-CV-560, the appellate court considered the award of attorney fees to the Schafers from a 1991 case in which Shane Schafer appealed the IHSAA's decision he was ineligible to play basketball during the 1991-1992 school year. Schafer became ill during his junior year in 1990 and withdrew from school shortly after the end of the regular basketball season in 1991. His high school allowed him to repeat his entire junior year in the fall 1991. He asked the IHSAA to not count the 1990-1991 school year against him, which the organization denied. The trial court eventually granted Schafer's motion for declaratory judgment on the constitutionality of the rules IHSAA applied to him and enjoined the IHSAA from ruling him ineligible or punishing his high school. The trial court concluded the IHSAA rules were overly broad, arbitrary, and capricious.

The trial court granted Shafer's request for attorney fees on the grounds that during the declaratory judgment period the IHSAA continued to litigate a defense that was frivolous, unreasonable, and capricious.

The appellate court determined that the record before it didn't allow it to uphold Shafer's award of attorney fees because the trial court's findings of fact don't support such a conclusion, wrote Judge Melissa May. The judges declined to hold the litigation as necessarily frivolous or unreasonable just because an administrative rule that is the subject of the litigation is eventually determined to be arbitrary, capricious, or unconstitutional, she wrote.

"We are unable to affirm the award of attorney fees because the trial court's findings do not support its judgment. But our result on that narrow ground must not be interpreted to condone IHSAA's actions ..." the judge continued.

The appellate court has disapproved of similar litigation tactics employed in the past by the IHSAA, with the judge citing Indiana High School Athletic Association v. Vasario, 726 N.E.2d 325, 335 (Ind. Ct. App. 2000), and now-Chief Judge John Baker's dissent from that case.

"The case before us raises the same concerns that the IHSAA is trying 'to send a message to parents and student athletes in Indiana about the great risk and expense involved in challenging a ruling, and thus discourage them from appealing a denial of eligibility,'" Judge May wrote regarding the instant case.

The Court of Appeals remanded so the trial court could further consider and explain its judgment with regard to its conclusion on the attorney fee issue.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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