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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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