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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. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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