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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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