ILNews

Justices reinstate COA opinion after hearing arguments

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After hearing arguments last week in a discrimination case, the Indiana Supreme Court decided Monday not to assume jurisdiction over the appeal.

The justices vacated their grant of transfer and reinstated the Court of Appeals opinion in St. Joseph Hospital v. Cain, 937 N.E.2d 903 (Ind. Ct. App. 2010), in which the COA reversed the Allen Superior Court’s dismissal of St. Joseph Hospital’s petition for judicial review on grounds it lacked subject matter jurisdiction.

The hospital filed the petition pursuant to the Indiana Administrative Orders and Procedures Act after the Fort Wayne Metropolitan Human Rights Commission entered a final order in favor of Richard Cain. Cain, a behavioral health assessment specialist at the hospital until he was fired in 2007, filed a charge with the commission that the hospital discriminated against him based on race. An administrative law judge recommended damages in the amount of $31,469 by the commission for termination. The commission adopted the proposed order.

The petition was timely filed, but not timely verified, contrary to the requirement in I.C. 4-21.5-5-7.

The appellate judges remanded for the trial court to consider the hospital’s motion to amend the petition to add the verification and whether such an amendment would relate back to the original filing.

 

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