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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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