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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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