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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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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