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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. 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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