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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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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