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Indiana Court of Appeals Disagrees Over Effect of Admissions
Attorney Blogs |
2011/07/26 09:59
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Today, the Indiana Court of Appeals issued a memorandum decision, uncitable as authority under App. R. 65(D), in which the Court disagreed over the extent to which admissions could be used against a party in a motion for summary judgment in Clark v. Clark, Cause No. 01A02-1007-CT-759. While the decision itself cannot be used as precedent, the disagreement is informative.
In this case, a father and son traveled in a car together to the home of another person. When they arrived, the son got out of the car to help the father parallel park. The son positioned himself in front of his father's vehicle, between it and another vehicle parked in the alley. When the father's vehicle was in the appropriate position, the son signaled for the father to stop by putting his hand up. The father hit the gas pedal instead of the brake, and the son was pinned between his father's vehicle and the parked vehicle. The son sustained serious injuries to his leg. He brought suit against his father for his injuries and the father asserted the Indiana Guest Statute as an affirmative defense.
The Indiana Guest Statute provides that people with certain types of relationships, such as father-son, cannot sue each other for injuries arising out of the operation of a motor vehicle if the person is "in or upon" the vehicle at the time of the injuries. During the course of the litigation, the son sent requests for admissions to the father. Two of those requests and responses are reproduced below.
19. On September 5, 2007, at the time of the collision, Robert L. Clark, Jr. was not in the Chevrolet.
RESPONSE: At the moment of impact the plaintiff was not in the Chevrolet, whether he was a pedestrian is genuine issue for trial and therefore denied.
20. On September 5, 2007, at the time of the collision, Robert L. Clark, Jr. was not upon the Chevrolet.
RESPONSE: At the moment of impact the plaintiff was not upon the Chevrolet, whether he was a pedestrian is genuine issue for trial and therefore denied.
Based on those responses, the son moved for summary judgment. The father filed a cross-motion and the trial court granted the father's motion.
On appeal, the father argued that the admissions were not dispositive of whether the son was in or upon the vehicle at the time of his injuries because that is a legal conclusion that the Court would have to make after applying the law to the facts. The Court disagreed, holding that admissions can be directed to legal conclusions, not merely facts.
The dissent found the admissions ambiguous, because of the qualification about whether the son was a pedestrian and because there were questions concerning whether "in" and "upon" have the same generic meaning as they do as a legal term of art.
The lesson here is that requests for admissions can be powerful litigation tools and we lawyers must be careful when responding to them. You may find out that you have admitted something inadvertently.
Lesson:
1.Even a qualified response to a request for admission can count as an admission.
Brad A. Catlin
Price Waicukauski & Riley, LLC
http://www.indianalawupdate.com/entry/Indiana-Court-of-Appeals-Disagrees-Over-Effect-of-Admissions |
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Trial won't feature unreleased Jackson footage
Criminal Law Updates |
2011/07/26 09:00
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Jurors in the Michael Jackson manslaughter case will not watch previously unseen footage from the singer's final rehearsals to determine the state of his health before his death, a judge ruled Monday.
Superior Court Judge Michael Pastor agreed with the characterization of a defense attorney for Dr. Conrad Murray that more than 100 hours of rehearsal footage condensed into the film "This Is It" did not show the singer in poor health.
Pastor also agreed with attorneys for Sony Pictures Entertainment that the clips have significant value and should not be publicly shown without a good reason.
"There is absolutely nothing in those materials that could have been of assistance to the defense," Pastor said.
The judge reviewed several hours of the footage last week then canceled plans to travel to Sony Studios over the weekend to finish watching the rest of the film that attorneys wanted to use during the upcoming trial of Murray. |
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Judge wants agency to investigate Meijer lawyer
Headline News |
2011/07/25 13:57
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A judge believes a lawyer committed perjury when he denied knowing anything about the role of Meijer Inc. in a 2007 recall election of township officials in northern Michigan's Grand Traverse County.
Judge Philip Rodgers said he has referred the matter involving Timothy Stoepker to the Michigan Attorney Grievance Commission, a watchdog agency.
"I believe it occurred, and I have an ethical responsibility to report it," Rodgers told the Traverse City Record-Eagle.
Stoepker, an attorney at the firm Dickinson Wright in Grand Rapids, represented Meijer during a dispute over a new store in Acme Township. Voters rejected the store in 2005, and township officials were targeted for recall in 2007.
Meijer, a major Midwestern retailer, later acknowledged illegally financing the recall effort and subsequently paid a $190,000 fine.
During a deposition in a civil lawsuit by a township official, Stoepker was asked what he knew about Meijer's role. "I have no knowledge of that at all," he replied. |
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Going public: Strauss-Kahn accuser tries rare path
Legal Career News |
2011/07/25 12:54
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The hotel housekeeper accusing Dominique Strauss-Kahn of sexually assaulting her is telling her story publicly, she says, because she wants the former International Monetary Fund leader behind bars. But it's hard to say whether her striking move will help or hobble her goal.
Nafissatou Diallo's decision to speak out in media interviews is an unusual and risky move for an accuser at this point in a criminal case, legal experts said.
It gives her an empowering chance to tell her side of the story as prosecutors weigh whether to press ahead with the case amid their concerns about her credibility. But it also enshrines a version of events that defense lawyers could mine for discrepancies with her grand jury testimony or use as fodder to argue she was seeking money or public attention.
Whatever the outcome, "it's an extraordinary turn of events, I would say, for her to go on a kind of lobbying, public relations campaign to get this case tried," said Pace Law School professor and former prosecutor Bennett L. Gershman.
After staying silent for nearly two months about an alleged attack that Strauss-Kahn vehemently denies, Diallo gave her account to Newsweek and ABC News.
Adding details and her own voice to the basics authorities have given, Diallo said the former IMF leader grabbed and attacked her "like a crazy man" in his $3,000-a-night Manhattan hotel suite on May 14 as she implored him to stop and feared for her job. |
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Jail beating lead to criminal trials, lawsuit
Legal Career News |
2011/07/25 10:15
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Court documents show that the beating of a Floyd County jail inmate has led to criminal charges and a federal lawsuit.
Terry Fisher was beaten by as many as 10 inmates over three days in 2008 after entering a guilty plea to unlawful transaction with a
minor and sex abuse, according to records cited by the Lexington Herald-Leader.
The lawsuit against the jail says "Fisher suffered broken ribs, a broken back, fractures of his skull and facial bones."
Several inmates and a former social worker charged in the case are scheduled for trial in February on charges of first-degree assault. Three others were charged with fourth-degree assault.
Stacey Blankenship, an attorney representing the county, says "Floyd County and their officials adamantly deny any wrongdoing." |
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Court denies motion to stop Loughner medication
Criminal Law Updates |
2011/07/25 10:02
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A federal court Friday night denied an emergency motion by defense lawyers to keep prison officials in Missouri from forcibly medicating the Tucson shooting rampage suspect with a psychotropic drug.
In a one-page ruling, judges from the 9th Circuit Court of Appeals also denied a request by Jared Lee Loughner's attorneys for daily reports about his condition at a federal prison facility in Springfield, Mo.
The judges said their denial is without prejudice to the defense seeking appropriate relief in the district court. The 9th Circuit had previously scheduled an Aug. 30 hearing in San Francisco on an appeal by Loughner's lawyers over forced medication. It wasn't immediately clear if that hearing will still be held.
Calls to lead Loughner attorney Judy Clarke for comment Friday night weren't immediately returned.
Federal prosecutors said in a filing earlier Friday that Loughner should remain medicated because he may be a danger to himself and his mental and physical condition was rapidly deteriorating.
Loughner's attorneys questioned Thursday whether the forced medication violates an earlier order by the 9th Circuit that forbid prison officials from involuntarily medicating Loughner as the court mulls an appeal on his behalf. They also said their client has been on 24-hour suicide watch.
U.S. Attorney for Arizona Dennis Burke wrote in his filing Friday that "despite being under suicide watch, Loughner's unmedicated behavior is endangering him and that no measure short of medication will protect him from himself more than temporarily because they do not address the mental state which underlies his self-destructive actions." |
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