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SCOTUS declines to take Indiana case

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The nation's highest court refused to take an Indiana case involving a national insurance crime bureau worker's claim that he was a federal employee rather than an independent contractor when he helped with the prosecution of an insurance case.

At a private conference last week, the Supreme Court of the United States denied certiorari in the case of Joseph Jaskolski, et al. v. Rick Daniels, et al., No. 09-946. The court released its decision in an order list Monday.

Attorneys had filed a petition for writ of certiorari in February following an Indiana Supreme Court decision in November to not accept the case. The state's Court of Appeals had declined to rehear the case following its April 24, 2009, ruling, which affirmed a judgment from Lake Superior Judge Diane Kavadias Schneider on an issue that crossed between the state and federal court systems.

At the state appellate level, the three-judge panel upheld the trial court's denial of a request by Jaskolski and the National Insurance Crime Bureau for certification under the Federal Employees Liability Reform and Tort Compensation Act of 1998, or the Westfall Act, that provides a procedural mechanism to ask the U.S. Attorney General to determine the scope of one's employment.

The state court held that Jaskolski acted as an independent contractor, not as an employee, when he volunteered and cooperated with the federal government in its investigation and prosecution of the Danielses regarding an insurance claim about a 1998 motor home fire. After being acquitted of criminal charges at a jury trial, Daniels and his wife filed lawsuits that were consolidated into a 15-count malicious prosecution suit in Lake Superior Court.

The U.S. Attorney's Office in the Northern District of Indiana declined to certify Jaskolski was working as a federal government employee, and the issue continued to bounce between the federal and state courts through the years and Jaskolski and the NCIB failed to win each time.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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