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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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