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COA to hear arguments at 2 universities

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The Indiana Court of Appeals hits the road Tuesday and Wednesday to hear arguments at two universities involving a negligence suit against a hospital and nurse and whether a casino can ban someone after he's been kicked out.

Judges L. Mark Bailey, Terry Crone, and Margret Robb will visit DePauw University in Greencastle Tuesday to hear arguments in a Marion Superior negligence case against a nurse and Indiana University. In George A. Scott v. Malissa Elizabeth Retz, R.N., and Indiana University, No. 49A05-0904-CV-192, George Scott sued Malissa Retz and Indiana University alleging negligence and negligence by reason of respondeat superior and negligent retention. Scott, a Clarian Health Partners' Safety and Security Investigator, was hit by an uncapped, used syringe while investigating missing narcotics at Indiana University Hospital in Indianapolis.

Scott appeals the grant of Retz's and the university's motion for summary judgment; I.U. cross appeals the striking of part of an affidavit that contained a statement alleged to be hearsay. Arguments begin at 10 a.m. in the Walden Inn and Conference Center, 2 W. Seminary St., Greencastle.

On Wednesday, Judges L. Mark Bailey, James Kirsch and Edward Najam travel to Indiana University - Southeast in New Albany to hear a suit in which Thomas Donovan sued Grand Victoria Casino & Resort after being excluded from the casino because he was allegedly counting cards while playing blackjack. He appeals the summary judgment ruling for the casino, arguing that Indiana law requires the casino to allow him to play blackjack there. The casino claims because it is a privately owned entity, it can exclude any patron. Arguments for Thomas P. Donovan v. Grand Victoria Casino & Resort, No. 49A02-0903-CV-259, begin at 1:30 p.m. in the Hoosier Room East, University Center North, 4201 Grant Line Road, New Albany.

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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