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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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