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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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  2. 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.

  3. 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.

  4. 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.

  5. 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.

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