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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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