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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...