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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. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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