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Justices take Fort Wayne hospital race discrimination appeal

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The Indiana Supreme Court will take a race discrimination case involving a Fort Wayne hospital as one of three cases unanimously granted transfer for the week ending July 27. Justices denied transfer in 23 cases.

The justices agreed to hear St. Joseph Hospital v. Richard Cain, 02S05-1207-PL-429. The trial court affirmed Cain’s award of $31,469 by the Fort Wayne Human Relations Commission after Cain, a behavioral health assessment specialist, was terminated.

 The Indiana Court of Appeals reversed and remanded, finding the hospital properly challenged the commission’s alleged lack of quorum in its motion to dismiss.

Justices also accepted another lawsuit involving a health care provider in Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M. and Achilles Podiatry Group, 54S01-1207-CT-430.

Sharon Wright brought a malpractice claim that the trial court threw out because it ruled Wright failed to comply with discovery orders and follow court orders. The Court of Appeals reversed and remanded, finding that delays were beyond Wright’s control.

The Indiana Supreme Court agreed to review one criminal case, Juan M. Garrett v. State of Indiana, 49S04-1207-PC-431. In that case, the Court of Appeals affirmed denial of post-conviction relief for a rape conviction and sentence.

Among the 23 cases the justices denied transfer was Latisha A. Lawson v. State of Indiana, 02A03-1107-CR-350.

Lawson was convicted of murder in the suffocation of her 2-year-old son after she forced him to drink an oil-and-vinegar concoction to exorcise demons as part of what she believed was a plan God revealed to her, according to court records. The Court of Appeals affirmed her conviction when weighing whether evidence was sufficient to support the jury’s rejection of Lawson’s insanity defense.

The transfer list may be viewed here.


 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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