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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.