The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13

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Tuesday  May 28, 2013 
1:30 PM  EST

1:30 p.m. 37A03-1207-PL-323. Lax, Inc. and David Lasco sued attorney Richard Mayer and his firm, Spangler, Jennings & Dougherty, P.C. (“SJD”), for defamation, abuse of process, malicious prosecution, tortious interference with a business relationship, and tortious interference with a contract, based on written statements made by Mayer in previous litigation; Lax and Lasco also sought punitive damages.  After the lawsuit was initiated, Mayer died.  Mayer’s estate and SJD subsequently moved for summary judgment.  The trial court granted summary judgment to Mayer’s estate on the defamation and malicious prosecution claims but allowed those claims to proceed against SJD.  It also allowed the abuse of process and tortious interference claims to proceed against the estate and SJD and allowed Lax and Lasco to continue seeking punitive damages.  On appeal, SJD claims the malicious prosecution and defamation claims cannot proceed against it because of Mayer’s death.  Both the estate and SJD also contend that the statements made by Mayer in the previous litigation were absolutely privileged, that there are no issues of material fact and that they are entitled to judgment as a matter of law on the abuse of process and tortious interference claims, and that Lax and Lasco cannot recover punitive damages on any claims.

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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