ILNews

Justices grant transfer in 1 civil case

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The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.

At its private conference last week, the justices considered a total of 24 cases. View the full transfer disposition list.

The court granted transfer in one case, Shepard Properties Co. d/b/a Shepco Commercial Finishes v. International Union of Painters and Allied Trades, District Council 91, No. 49A04-1010-PL-676. In June, the Court of Appeals reversed a lower judge’s denial of Shepco’s motion to correct error challenging an order that awarded attorney fees to the painters union as the prevailing party in an action brought under the Indiana Access to Public Records Act. The appellate judges found the trial court erroneously imposed joint and several liabilities for statutory attorney fees under the APRA, as there’s no provision for the assessment of attorney fees against a private party in the event of improper nondisclosure under the act.

The justices dismissed Shonk Electric v. Siemens Medical Solutions USA, No. 55A05-1009-CC-554, by a unanimous vote and denied transfer in 22 other suits. One of those included Murat Temple Association v. Live Nation Worldwide and Old National Bancorp, No. 49A02-1008-PL-952, in which the Court of Appeals in August affirmed the trial court’s dismissal of Murat’s claim that the event promoter violated the terms of its lease agreement.


 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. 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!

  4. 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.

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

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