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Judges uphold sanction against attorney

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The Indiana Court of Appeals made two minor corrections to its original opinion ordering an attorney to pay appellate fees due to his conduct in a purported class-action lawsuit against Clarian Health Partners, but upheld the order the attorney pay the fees.

In Lawane Chaney on Behalf of Himself and All Others Similarly Situated v. Clarian Health Partners, Inc., No. 49A05-0905-CV-263, attorney Ronald Weldy, former counsel of Lawane Chaney, sought rehearing on the Court of Appeals’ September 2011 opinion granting Clarian’s request for fees and costs against Weldy. The judges found that Weldy’s arguments and his court filings were “utterly devoid of all plausibility and therefore, were pursued in bad faith.”

In the rehearing, the judges admitted that the court’s opinion was incorrect in two ways. First, the record doesn’t support the finding that Weldy did not inform the trial court of the stay in his motion to compel. Second, the record doesn’t support the statement by the COA that he persisted in theory that Clarian had agreed to provide the discovery at issue after the trial court had vacated its motion to compel and deny the same.

Despite these errors, the judges reaffirmed their conclusion that Weldy should have to pay appellate fees and costs to Clarian. They corrected their original opinion and also denied Clarian’s request for additional fees and costs with regards to the rehearing petition.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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