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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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