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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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