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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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