ILNews

COA upholds dismissal of proposed class

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT