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Justices hear Simon defamation appeal

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The Indiana Supreme Court on Wednesday heard arguments on whether Indianapolis billionaire Herb Simon may proceed with a defamation suit against a California attorney. The suit involves comments the lawyer made to an Indianapolis TV station regarding allegations that Simon and his wife employed illegal immigrants at their California home.

California attorney Joseph A. Davis granted an interview to WTHR-13 to discuss suits he filed on behalf of former Simon employees, and the Simons sued claiming defamation and false light publicity. A Marion County trial court denied a defense motion to dismiss, but the Court of Appeals reversed. The Supreme Court granted transfer in Joseph A Davis v. Herbert Simon and Bui Simon, 49S04-1208-CT-498.

“This is a jurisdictional issue,” argued Davis’ attorney, Maggie L. Smith, who said that Indiana should not have jurisdiction because the case involves mostly California litigants. “Returning a phone call in and of itself is not sufficient to establish jurisdiction.”

Smith said Davis returned a telephone call from a TV news reporter and gave a taped interview. “He did nothing more than quote the allegations of the complaint” filed against Simon in California.

The Simons’ attorney, David K. Herzog, told the justices that Indiana had jurisdiction in the case because Davis directed his comments to the state with the intent to cause harm. “Mr. Davis purposely delivered defamatory comments to a person he knew to be an Indianapolis TV reporter,” Herzog said.

“It took a jury 30 minutes to determine there were no illegal aliens in the household,” he said of a suit in California against the Simons.

The justices asked about the fairness of bringing a defendant 3,000 miles to face a civil action, but Herzog told the justices any burden for Davis was of his own doing.

Simon, chairman emeritus of Simon Property Group and owner of the Indiana Pacers and Indiana Fever, has an estimated net worth of $2.2 billion, and was listed No. 218 on the Forbes 400 in September.

Just three justices heard arguments in the case – Chief Justice Brent Dickson and Justices Robert Rucker and Steven David.

 

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  • whoa
    A meritless and vindictive attack on free speech by a billionaire. Pathetic. The courts need to stand up to this or look weak in the face of plutocracy.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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