State Farm v. Radcliff - 8/20/14

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Wednesday  August 20, 2014 
10:00 AM  EST

10 a.m. 29A04-1311-CT-542. This largest defamation verdict in Indiana’s history is once again before this court as an appeal to the trial court’s denial of State Farm’s Trial Rule 60(B) motion.  In its T.R. 60(B) motion, State Farm requested the trial court to grant a new trial on the limited issue of defamation based on State Farm’s discovery of new evidence purportedly establishing that Radcliff had procured the verdict by committing fraud on the court.

In its appeal, State Farm presents this court with four procedural issues which we restate as follows:

1.     Characterizing its T.R. 60(B) motion as solely a T.R. 60(B)(3) motion based on fraud and misconduct, State Farm asserts that the trial court abused its discretion by interpreting its T.R. 60(B) motion as a T.R. 60(B)(2) motion based on newly discovered evidence and applying T.R. 60(B)(2)’s requirements to its T.R. 60(B)(3) motion.

2.    Whether the trial court abused its discretion by concluding that State Farm’s T.R. 60(B)(3) motion was barred by the law of the case due to this court’s denial of State Farm’s Appellate Rule 37 motion for remand in the first appeal where this court addressed State Farm’s request for alternative relief based on “waiver notwithstanding” and our supreme court subsequently denied State Farm’s request for emergency relief based on its T.R. 60(B) motion.

3.    Whether the trial court abused its discretion by denying State Farm’s T.R. 60(B) motion as a matter of law.

4.    Whether the trial court abused its discretion in declining to allow State Farm to engage in further protracted discovery pursuant to T.R. 60(D) and in ruling on the motion without an evidentiary hearing when Radcliff elected to respond to State Farm’s T.R. 60(B) motion on legal grounds as opposed to factual grounds and therefore no further pertinent evidence would need to be submitted to the trial court to aid in its ruling. 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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