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Indiana justices accept 4 cases, deny 27

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The Indiana Supreme Court will decide the defamation case filed by Herbert and Bui Simon against a California attorney. The justices will also decide whether a woman’s lawsuit for unpaid wages should have been brought before the Indiana Department of Labor before she filed her action.

The justices took four cases: Joseph A. Davis v. Herbert Simon and Bui Simon, 49S04-1208-CT-498; Brandy L. Walczak, Individually and on behalf of those similarly situated, v. Labor Works - Fort Wayne LLC, d/b/a Labor Works, 02S04-1208-PL-497; Ronald B. Hawkins v. State of Indiana, 20S03-1208-CR-499; and Whiskey Barrel Planters Co., Inc. d/b/a Diggs Enterprises, Inc., an Indiana Corporation, Robinson Family Enterprises, LLC, an Indiana Limited Liability Company, Ralph Richard Robinson and Ann Robinson v. American Gardenworks, Inc., an Indiana Corporation and Millennium Real Estate Investment, LLC, 04S03-1209-PL-503.

In Davis, the Simons sued California attorney Joseph Davis for defamation based on comments he made to an Indianapolis television station regarding lawsuits involving the Simons. The Court of Appeals ruled on interlocutory appeal an attorney, in answering a reporter’s unsolicited questions – in which Davis made comments regarding the allegations of a lawsuit and represented that the allegations were truthful – without more, doesn’t constitute “expressly aiming” one’s conduct at the forum state. Judge James Kirsch dissented, believing Davis’ conduct was expressly aimed at Indiana.

In Walczak, Brandy Walczak alleged violations of the Wage Payment Statute and the Wage Deduction Statute against Labor Works-Fort Wayne, which provides temporary day-laborer services to businesses. The appellate court reversed summary judgment for Labor Works, finding Walczak first had to submit her claim to the Department of Labor for resolution.
 
In Hawkins, the Court of Appeals held that Ronald Hawkins’ due process rights weren’t violated when he was charged in absentia and without trial counsel on felony nonsupport of a dependent child charges. The judges ruled one of the felonies should be reduced from a Class C to a Class D, and they found he waived his right to counsel. Judge Nancy Vaidik dissented because “of the importance of an attorney for a fair proceeding.”

In Whiskey Barrel, the Court of Appeals ruled that a company that acquired Whiskey Barrel Planters was not entitled to the Purdue football season tickets purchased by Whiskey Barrel’s former owner based on the purchase agreement between the two companies. The judges also found that American GardenWorks was not entitled to collect on loans made by Whiskey Barrel to the previous shareholders and that AGW did not acquire the shareholders’ personal property under the terms of the agreement. The COA remanded for further proceedings.

The high court also declined to take 27 cases for the week ending Aug. 31.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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