Lydia Lanni v. National Collegiate Athletic Association, et al. - 5/1/13

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Wednesday  May 1, 2013 
2:00 PM  EST

2 p.m. 49A05-1208-CT-392. This cause comes before us as a result of a civil tort action filed by Lydia Lanni (Lanni) against the NCAA, the University of Notre Dame, and the United States Fencing Association.  Lanni, a spectator, was struck in the left eye by a fencing sabre causing a severe injury while at a purportedly NCAA sanctioned fencing match at Notre Dame. The questions presented to this court focus solely on the procedural posture of the case with respect to the NCAA’s combined motion to dismiss for failure to state a claim and/or motion for summary judgment.  Specifically, in her argument Lanni relies on the interplay between Ind. Trial Rule 12(B)(6) and Ind. Trial Rule 56.  Lanni asserts that the trial court erred by not providing adequate notice that it would treat NCAA’s combined motion as a motion for summary judgment and then refused to give her a “reasonable opportunity to present all material made pertinent to such a motion by Rule 56”  See T.R. 12(B).  In a related argument, Lanni asserts that the trial court erred in denying her motion to stay briefing in order to obtain discovery to respond to NCAA’s motion for summary judgment.  Lanni also argues that the trial court erred when it subsequently entered summary judgment in favor of NCAA and denied her request to strike an affidavit, designated by NCAA. 

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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