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Justices deny transfer to 7 cases

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The Indiana Supreme Court decided not to add any cases to their docket last week. The justices declined transfer to seven cases, including a lawsuit filed by a grandmother against her former attorney because he didn’t sue her grandson’s school.

Diane Perkins sued Jeffrey Stesiak and his law firm for legal malpractice because he did not file a claim on her behalf against her grandson’s school district after learning the boy had been sexually abused by a teacher’s assistant. She argued that she had a claim for emotional distress based on the bystander theory of recovery and the modified impact rule. The Court of Appeals affirmed summary judgment for Stesiak in Dianne L. Perkins v. Jeffrey Stesiak, and Pfeifer, Morgan and Stesiak, 71A03-1111-PL-521.

The justices also declined to take Walter B. Duncan v. The Greater Brownsburg Chamber of Commerce, Inc., 32A01-1109-CC-429, in which the Court of Appeals ruled in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to former executive director Walter Duncan.

In that appellate decision, the judges adopted the rule that damages for breach of a notice requirement are limited to the compensation for the notice period.

A complete list of the denied cases is available on the court’s website.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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