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Judge grants limited class certification in stage collapse lawsuit

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While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.

In a 28-page ruling, the federal judge in the Southern District of Indiana granted class certification for the limited purpose of determining whether the $5 million cap violates the due process and equal protection clauses of the 14th Amendment.

However, Barker wrote that the court doesn’t believe the plaintiffs have demonstrated a likelihood of success on the merits, given the well-established caselaw on damages caps for tort claims against governmental entities. She denied a preliminary injunction request that sought to both stop the state from settling any tort claims relating to the stage collapse and prevent the state from disbursing any of the $5 million in public funds to the stage collapse victims.

 “Given the severity of the Plaintiffs’ and other similarly situated claimants’ reported injuries, we believe the public interest would not be served by restricting Defendants’ scope of action as Plaintiffs have requested. When compared with the potential deprivation of much-needed money that the claimants are likely to suffer if a preliminary injunction is granted, the balance of hardships tips in Defendants’ favor,” she wrote.

The judge also denied an emergency motion for discovery.

Her ruling comes almost a month after an evidentiary hearing in the case, which Valparaiso attorney Kenneth Allen filed in September on behalf of six plaintiffs who were injured or killed in the stage collapse at the fairgrounds in Indianapolis. This is one of many lawsuits that has been filed in state and federal courts in the three months since the deadly accident.

Barker found that plaintiffs met the class certification numerosity requirement because they could institute individual claims, and joinder of all the parties would be impractical. But the judge determined the plaintiffs fell short of meeting the class certification criteria for commonality in regard to their share of the state’s public fund and because plaintiffs haven’t shown the defendants did or intended to do anything that might connect everyone. Barker found that the named plaintiffs’ claims aren’t all substantially similar for the bulk of the lawsuit, but that they do share a typical focus for the limited purpose of challenging the Indiana cap’s constitutionality.

The judge wasn’t persuaded to involve Rule 23(b) on class certification based on the obvious possibility that some claimants might ultimately be more successful than others, but the plaintiffs do meet the requirements of Rule 23(a) on that limited constitutional question.

“Lastly, although we acknowledge the real merits of Defendants’ Eleventh Amendment and abstention arguments against class certification, our limited certification does not run afoul of these doctrines,” Barker wrote.
 

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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