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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. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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