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

Back to TopPrintE-mail
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. 

Back to Events
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT