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Judge criticizes counsel seeking class status

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Don't expect one federal judge to re-examine a ruling by another jurist on the same court if you don't present any new facts or arguments on a similar case and issue.

That's the message to federal attorneys practicing in the Southern District of Indiana, as detailed in a decision Thursday from U.S. District Judge David F. Hamilton in Blanca Gomez and Joan Wagner-Barnett v. St. Vincent Health, No. 1:08-CV-0153. The judge denied a class-action certification motion involving two ex-hospital workers who allege their former employer didn't provide adequate notice of COBRA rights to more than 250 people qualified for that extended health insurance between May 2004 and January 2006.

Plaintiff attorney Ronald E. Weldy, with Weldy & Associates in Indianapolis, had filed a previous suit that Judge Sarah Evans Barker in Indianapolis ruled on in 2007, also denying the class certification and faulting the lawyer for inadequate representation of the plaintiffs. The attorney originally appealed that denial at the 7th Circuit Court of Appeals, but abandoned the appeal to subsequently file this second suit about the same proposed class of former hospital employees.

"They provide no new facts or arguments in their motion for class certification; they have merely decided to emphasize the aspects of their case that they believe undermine Judge Barker's decision. If plaintiffs' counsel wanted a review of Judge Barker's decision, his proper recourse was to the Seventh Circuit," Judge Hamilton wrote. "(Her) decision was not a first draft for another district judge to expound upon after plaintiffs' counsel had an opportunity to see the flaws in his initial argument."

Citing that previous case of Brown-Pfifer v. St. Vincent Health, 2007 WL 2757264 (S.D. Ind. Sept. 20, 2007), the court detailed how Judge Barker and Magistrate Judge Jane Magnus-Stinson had previously perceived deficiencies in the proposed class counsel that included faulty discovery efforts and a failure to develop a full record.

"His questionable work in that case and his decision to relitigate the same issues in this court show a lack of regard for scarce judicial resources," Judge Hamilton wrote. "This attempt to have this court effectively overrule a colleague on the District Court on an indistinguishable record is not the best means of representing the proposed class members."

Pointing to caselaw showing that a requirement of class-certification is adequacy of representation, Judge Hamilton found that plaintiffs' counsel in this case is not adequate to represent the proposed class. Without an appropriate class counsel, certification for that proposed class must be denied.

Weldy has been certified as class counsel by a third judge in a separate COBRA notification case. Judge Hamilton wrote that he's not expressing any opinion on the lawyer's fitness to serve in that or any other case.

Indiana Lawyer couldn't immediately reach Weldy today by phone or email for his reaction to the ruling.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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