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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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