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Legal malpractice case gets transfer

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The Indiana Supreme Court announced today an addition to its June 16 transfers. The high court granted appellant Joseph J. Reiswerg's petition for transfer in Reiswerg and Cohen Garelick & Glazier v. Pam Statom, No. 49A02-0801-CV-49. The high court denied appellee Pam Statom's petition for transfer.

The Indiana Court of Appeals dismissed Reiswerg's appeal of the trial court entry of final judgment in Statom's legal malpractice suit. The claim stemmed from Reiswerg's representation of Statom in a medical malpractice suit against the Veterans Administration Hospital.

The Court of Appeals affirmed the trial court order striking his motion for summary judgment but reversed the strike of the law firm's motion for summary judgment. It remanded for consideration of the law firm's motion for summary judgment.

The appellate court then issued an opinion on rehearing in March 2009, in which both Reiswerg and Statom filed petitions for rehearing. Reiswerg argued the court erred in dismissing his appeal; Statom believed the appellate court erred by reversing the trial court's order striking the law firm's motion for summary judgment. The Court of Appeals granted both petitions and affirmed its prior opinion in all respects.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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