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High court takes vacation pay case

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The Indiana Supreme Court accepted one case for the week ending May 19 and denied transfer to eight others.

The justices granted transfer to Commissioner of Labor on the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah Posey v. Int'l Union of Painters and Allied Trades, AFL-CIO, CLC District Council 91, No. 49A02-1103-PL-263. In that case, three former employees of the International Union of Painters and Allied Trades claimed that they should have been paid for their accumulated, unused vacation time when their employment was terminated in 2008. The union’s business manager/secretary-treasurer denied the request, and the workers filed internal union charges in protest.

Indiana’s Court of Appeals concluded that the workers were entitled to payment for all unused, accrued vacation pay.

The court did not grant transfer for In Re the Marriage of: Kristen Leach v. Steven Leach, No. 39A01-1108-DR-332, a child custody dispute. Justices Steven David and Frank Sullivan would have granted transfer in that case.

Also denied transfer was Virginia Garwood, et al. v. Indiana Dept. of State Revenue, No. 82T10-0906-TA-29. In that case, the department of revenue had issued several jeopardy assessments against Virginia Garwood for failing to pay taxes on animals she sold. The Indiana Court of Appeals ruled that the department overstepped its bounds in order to shut down an alleged “puppy mill,” and ordered that the jeopardy assessments be voided.

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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