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Justices accept 5 cases

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The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.

The justices granted transfer to:

-    Timothy W. Plank v. Community Hospitals of Indiana, Inc., State of Indiana, No. 49S04-1203-CT-135, in which the Indiana Court of Appeals concluded that Timothy Plank, whose wife died because of a missed medical diagnosis, is entitled to an evidentiary hearing as to whether the state’s statutory cap on medical malpractice awards is unconstitutional. Plank obtained an $8.5 million jury verdict against Community Hospital that was reduced to the statutory limit of $1.25 million.

-    Abby Allen and Walter Moore v. Clarian Health Partners, Inc., No. 49S02-1203-CT-140, in which the Indiana Court of Appeals reversed the dismissal of Abby Allen and Walter Moore’s complaint against Clarian Health Partners claiming the hospital breached its contract with them and other uninsured recipients by charging unreasonable fees after receiving medical treatment. The COA remanded the case for further proceedings.

-    National Wine & Spirits, Inc., National Wine & Spirits Corporation, NWS, Inc., NWS Michigan, Inc., and NWS, LLC v. Ernst & Young LLP, No. 49S02-1203-CT-137, in which the Indiana Court of Appeals reversed the grant of Ernst & Young’s second motion for summary judgment on National Wine & Spirits’ action for fraud and deception. Ernst & Young performed auditing services for National Wine & Spirits, and National Wine & Spirits claimed Ernst & Young was negligent in finding a National Wine & Spirits’ employee committed fraud and theft.

-    Miller Brewing Company v. Indiana Department of State Revenue, No. 49S10-1203-TA-136, in which the Indiana Tax Court ruled in Miller Brewer Co.’s favor as to whether sales to Indiana customers who hired common carriers to pick up alcohol at an Ohio facility should be included in the sales factor of Miller’s adjusted gross income tax and supplemental net income tax.

-    J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C., No. 93S02-1203-EX-138,  in which the Indiana Court of Appeals in a not-for-publication decision reversed the denial of benefits to J.M. The judges found that the review board’s determination that J.M. was discharged for just cause was contrary to law.

The justices also vacated transfer to State of Indiana v. Andy J. Velasquez, II, No. 53S05-1105-CR-280, which they had accepted in May 2011, and dismissed B.P. Products North America Inc., et al. v. Indiana Office of Utility Consumer Counselor, and Northern Ind. Pub. Service Co., No. 93A02-0905-EX-490. They denied transfer to 27 cases for the week ending March 2.

 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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