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COA upholds dismissal of proposed class

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Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.

The ruling comes seven months after another appellate panel ruled in Lemon v. Wishard Health Services, 902 N.E.2d, 297 (Ind. Ct. App. 2009), that anyone who wants to file a lawsuit in court or join a class action suit under the Wage Claims Statute has to first submit their claim to the DOL. In upholding that decision, the Court of Appeals affirmed the dismissal of the proposed class of plaintiffs who haven't sought review and referral from the DOL in Maureen Reel, Thomas Dullen, and Ned Milby, on Behalf of Themselves and All Others Similarly Situated v. Clarian Health Partners Inc., No. 49A02-0901-CV-112.

Maureen Reel, Thomas Dullen, and Ned Milby filed their complaints under the Wage Claims Statute against Clarian Health Partners on behalf of themselves and all others who were paid their paid time off (PTO) wages on or after July 11, 2003. Their suit claimed Clarian paid out the PTO after the pay date for the pay period in which they were involuntarily separated, which would violate the Wage Claims Statute.

Clarian was initially granted summary judgment on the claims, but the appellate court reversed with respect to Reel, Dullen, and Milby. Those three had initially submitted their claim to the DOL.

The trial court did grant summary judgment to Clarian in a separate ruling in regards to the class claims. The named plaintiffs argued on appeal that despite the ruling in Lemon, in which transfer was pending at the time they filed their brief, but was denied by the time Clarian filed its brief, the members of the proposed class action weren't required to file their wage claims with the DOL in order to join the suit.

Under the Wage Claims Statute, the wage claims must first be submitted to the DOL, which may then refer the claims to the attorney general, who may initiate civil actions or refer the claim to an attorney. To become the "designee" of the attorney general, the claimant must first obtain a letter of referral before filing suit, wrote Judge Nancy Vaidik.

The Court of Appeals also affirmed the trial court didn't abuse its discretion in sequencing the discovery to avoid extensive and costly discovery until it ruled on the motion to dismiss.

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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