ILNews

COA panel to consider public access

Michael W. Hoskins
January 1, 2008
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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.
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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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