ILNews

COA panel to consider public access

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A three-judge Indiana Court of Appeals panel wants to know why parties have not submitted what it calls "a meaningful public access set of briefs" related to product-liability claims against Indianapolis-based Guidant Corp.

The state's second highest appellate court has a public hearing scheduled for 11 a.m. March 25 in Allianz Insurance Co., et al. v. Guidant Corp., et al., No. 49A05-0704-CV-216, where judges will consider the balance of public interest for access with the need for restricting access relating to the Marion County case.

According to one of the attorneys representing Guidant, the case goes back to product-liability claims on an implantable device to treat life-threatening abdominal aortic aneurysms. The appellate court last year consolidated more than one issue into this appeal and ordered the parties to submit two sets of briefs: a public access set and another confidential set that would remain sealed and only accessible to the judges and the attorneys involved.

A trial judge had granted partial summary judgment for Guidant relating to the duty to defend, and that is the main issue on appeal, attorney George Plews said. He said when insurers first filed briefs in the case, briefs lacked any substantive information and did not include much more than a table of contents and applicable caselaw. Guidant followed suit when filing its own briefs, he said. The parties were complying with a protective order issued by the trial judge against releasing certain information in the product-liability case, Plews said.

But the motion panel's July 17, 2007, order wasn't followed concerning the public briefs, and now the parties must show cause as to why sanctions shouldn't be imposed for failing to comply. The court is also now directing the parties to the Indiana Supreme Court ruling in Palmer v. Comprehensive Neurologic Services, P.C., et al., No 32A01-0512-CV-553, from June 27, 2007, which states "as a general proposition, court records are accessible to the public unless excluded from public access by a provision of Rule 9(g)(2)."

Plews said they didn't intend to make the court unhappy and were complying with instructions from the court. Attorneys listed for Allianz in the case - Brian Paul in Indianapolis and Lazar Raynal in Chicago - could not be reached for comment today.

The panel hearing Tuesday's arguments is Chief Judge John Baker, and Judges Patricia Riley and Melissa May. Arguments will be in the Indiana Supreme Court courtroom.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

ADVERTISEMENT