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Court Reverses Doctor’s $1M Defamation Award Against CVS

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DAVE STAFFORD FOR WWW.THEINDIANALAWYER.COM

An Indianapolis doctor awarded $1.025 million in defamation damages against CVS after a federal jury trial lost it all Thursday when the 7th Circuit Court of Appeals reversed the decision.

The judgment for Dr. Anthony Mimms was vacated by the Chicago appellate panel that found District Court Judge Tanya Walton Pratt erred in allowing three allegedly defamatory comments regarding Mimms to be tried to a jury. The 7th Circuit also concluded that CVS was entitled to a new trial on the fourth and final allegedly defamatory statement.

The award for Mimms in January 2017 came after CVS workers allegedly told patients that his prescriptions were no longer being filled for various reasons. Mimms’ patients said they were refused prescriptions at Greenfield, McCordsville, and Rushville CVS stores after pharmacists and technicians at those stores said he was running a pill mill; he had gone to jail; he had been or would be arrested; and that he was under investigation by the U.S. Drug Enforcement Agency.

The 7th Circuit said the first three of those remarks never should have been tried to the jury. CVS was entitled to summary judgment as a matter of law on those comments, because Mimms provided no evidence they were made with actual malice, the standard for defamation under Indiana law.

As to whether Mimms was under DEA investigation, the district court should have allowed CVS to present evidence that the statement was true — a complete shield to defamation.

“CVS sought to introduce evidence that the clinic Mimms formerly worked for, Rehabilitation Associates of Indiana, had been subpoenaed for records of Mimms’s former patients, including patients that had died or been charged or convicted of drug crimes. Mimms objected to the introduction of the evidence, arguing that he had left the practice before the subpoenas were served and thus the subpoenas could not be part of any investigation of Mimms,” Judge Michael S. Kanne wrote for the panel in Anthony Mimms v. CVS Pharmacy, Incorporated, 17-1918.

“The district court agreed and suppressed the evidence. While this may not be conclusive evidence that the DEA was investigating Mimms specifically, the fact that the DEA was seeking records for Mimms’s patients shortly after he left the practice supports CVS’s claim that Mimms was under investigation,” the court wrote.

“So we leave untouched the district court’s denial of summary judgment as to the fourth statement. We find, however, that the district court abused its discretion when making several evidentiary rulings and that these errors prevented CVS from presenting its case. Therefore, the jury’s verdict is vacated and CVS is entitled to a new trial on the fourth statement,” Kanne wrote.

Indiana High Court Won’t Rehear Landmark Beach Rights Case

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IL for www.theindianalawyer.com

The Indiana Supreme Court has denied rehearing in its landmark ruling that Lake Michigan’s shoreline is open to all and property owners can’t exercise exclusive control of the beach between their homes and the water.

The (Northwest Indiana) Times reports the court denied Wednesday the request submitted by Don and Bobbie Gunderson of Long Beach.

The February decision sets the ordinary high water mark as the boundary between state-owned land under Lake Michigan and the interests of property owners. It also ruled that walking on the beach is a protected public use.

 The Gundersons claimed the deed to their LaPorte County property showed it extending to the water’s edge, regardless of where it was at any given time.

The justices heard the case in September after the Indiana Court of Appeals similarly ruled in December 2016that public trust rights rule along the lakeshore.

The ruling still could be appealed to the U.S. Supreme Court.

The Day My Mother Went Fishing With Ted Williams

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This is a story about my mother, Boston Red Sox Hall of Famer Ted Williams and a fishing trip they took together more than 60 years ago. My tale is also about a wonderful kindness Williams did for Mom decades after their chance meeting.

In 1956, my family moved from Los Angeles to San Juan, Puerto Rico. The same year, the old Sears, Roebuck and Co. had just broken ground on the island for its first store outside the continental U.S.

In the mid-1950s, Sears signed Williams to glad-hand and sent him to Puerto Rico to celebrate its grand opening with government officials. A deep-sea fishing trip with Sears’ friends and clients that included my father’s company would highlight Williams’ trip.

After my mother picked me up after school one afternoon, she announced, “I’m going fishing with Ted Williams.” Mom loved Williams, a fellow Californian who she thought was a hunk.

Williams had just come off a great year, having hit .345. He narrowly lost the batting title to Triple Crown-winning Mickey Mantle. I tried to con an invitation, but kids flat-out weren’t allowed. Adding to my displeasure was that I had never seen a major league baseball game. My professional baseball experiences were limited to my former hometown Hollywood Stars and the Puerto Rican Winter League Cangrejeros de Santurce. The memorable fishing trip came and went. My mother reported that Williams was great, and patiently showed her how to set up a fishing rod.

By 1959, I still hadn’t seen a major league game, but was enrolled in an East Coast school. In May, when Mom visited me, she sprung me for the day to see the Yankees play the Red Sox in a mid-afternoon match up.

To Mom’s great disappointment, Williams didn’t start that day. But in the eighth inning, the public address system blared out, “Pinch hitting for the Red Sox, Number 9, Ted Williams.” While Williams gathered a handful of bats, Mom jumped to her feet and yelled, “Go, Ted!” I’ll always remember Williams striding toward the plate, swinging four bats over his head to limber up. No player has ever hit so many home runs, 521, with such a high career batting average, .344.

Williams took his stance in the batter’s box. His gray, traveling flannels were baggy. As was the custom in those days, Williams wore no batting gloves or helmet. I wish I could tell you that Williams hit the ball into the upper deck. But he grounded out weakly to first base.

The story about Mom and Williams has a heartwarming footnote. Years after Yankee Stadium, I wrote to Williams to tell him that Mom had been hospitalized, reminded him of his Puerto Rico visit, and the fishing excursion. I recounted for him the joy Mom had watching him at the plate that long ago spring afternoon. Then, I told Williams that Mom was recuperating from a hospital stay and suggested that her spirits would be lifted if he dropped her a note.

I never doubted that Williams would write. And sure enough, true to his reputation as a great guy, two weeks later a pen and ink sketch of Williams taking his long, level swing arrived in the mail bearing the inscription: “To Betty, with every best wish, your friend, Ted.”

Both Williams and Mom are gone now. But when people ask me for my favorite baseball memory, I tell them the story about Williams, my mother and the fishing trip that took place miles away from a baseball field.

–

Gobert named Academic All-District 4

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University of Southern Indiana senior utility player Nick Gobert (Jasper, Indiana) was named Google Cloud Academic All-District 4 as an infielder by the College Sports Information Directors of America. The award is the first of Gobert’s two-year career and the 11th Eagle baseball player to be honored with the academic award since 2004.

To be eligible for the Capital One Academic All-America program, the student athlete must be a starter or important reserve with legitimate athletic credentials and at least a 3.3 cumulative grade point average (on a 4.0 scale). They must have reached sophomore athletic and academic standing at the institution (true freshmen, red-shirt freshmen and first-year athletic transfers are not eligible) and must have completed at least one full academic year at the institution.

Gobert, a USI master of science candidate in sport management and holder of a bachelor’s degree from the University in sport management, is third on the team with a .355 batting average and second on the squad with 45 RBIs. The All-GLVC East Division first baseman also leads the team and ranks second in the GLVC with 21 doubles.

On the mound, Gobert is tied for second on the team with four wins (4-2 overall) appearing 11 times this season on the bump. The senior, who has seen action this year at third base, first base, left field, and designated hitter, also struck out 30 batters in 33.1 innings of work.

The Eagles and Gobert continue action in the GLVC Tournament today when they play the University of Illinois Springfield, who is ranked second nationally and the top seed from the conference’s East Division. USI entered tournament play Thursday as the third seed from the East.

History of Pigeon Creek program

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Willard Library
History of Pigeon Creek program
Hours: Monday, Tuesday 9:00-8:00 â—Š Wednesday, Thursday, Friday 9:00-5:30
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Willard Library â—Š 21 First Avenue â—Š Evansville, Indiana 47710 â—Š 812-425-4309 â—Š willard@willard.lib.in.us

Secretary Perdue Names FSA Administrator

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U.S. Secretary of Agriculture Sonny Perdue announced the appointment of Richard Fordyce to serve as Administrator of the U.S. Department of Agriculture’s (USDA) Farm Service Agency (FSA). In his role, Fordyce will provide leadership for FSA and its mission to support agricultural production across America through a network of over 2,100 counties and 50 state offices.

“As a fourth-generation farmer, Richard brings firsthand knowledge and experience to this role,” Secretary Sonny Perdue said. “I am confident that he will continue to help USDA become the most efficient, effective customer-focused agency in the federal government as he leads this customer-focused mission area.”

Richard Fordyce most recently served as State Executive Director for FSA in Missouri. Prior to his appointment by the Trump Administration, Fordyce served as the director of the Missouri Department of Agriculture from 2013 to 2017. In 2015, Fordyce has awarded the Missouri Farm Bureau Distinguished Service Award and the Agricultural Leaders of Tomorrow Alumnus of the Year. He and his wife, Renee, have two children and grow soybeans, corn and beef cattle on the family farm.

USI-Hillsdale Softball PPD to Saturday

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University of Southern Indiana Softball will have to wait until Saturday for its second-round matchup with Hillsdale College as Friday’s action at the NCAA Division II Midwest Region #1 Tournament was washed out due to rain.

First pitch for Saturday’s contest will be announced via social media (@USIAthletics) Friday evening.

HOT JOBS IN EVANSVILLE

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Front Desk Coordinator/Receptionist
Ahh Spa – Evansville, IN
We are looking for a full time Front desk coordinator to answer phones, schedule appointments, handle all customer service operations of the spa….
Office Coordinator
Holiday Retirement Village – Evansville, IN
We are seeking a candidate with strong organizational and clerical skills. The Holiday Retirement Village of Holiday Health Care is seeking an office…
Retail Merchandiser (20 hours per week)
WSP 115 reviews – Evansville, IN
$11 – $12 an hour
License or certification:. Must have a valid driver’s license and must be able to drive a car. Driver’s License (Required)….
Warehouseman II
Windstream Communications 1,046 reviews – Evansville, IN
Accurately completing cycle counts in adherence to documented procedures and sharing findings with the DC Manager for root cause analysis….
Full Time Leasing Agent
Arbors at Evansville – Evansville, IN
$11 an hour
Must be able to pass a background check, drug test and possess a valid driver’s license. The Arbors at Evansville is looking for a full time leasing consultant….
Production Supervisors
Red Spot Paint & Varnish Company, Inc. – Evansville, IN
Supervise, direct, develop, and train bargaining unit personnel employees within manufacturing. We are currently seeking a Production Supervisor to join our…
Audiologist – Evansville,IN
Audigy – Evansville, IN
Au.D or Masters Degree in Audiology, current state licensure for Audiology and dispensing. Provides amplification services including, hearing aid assessment…
Delivery Driver I
Sherwin-Williams 2,801 reviews – Evansville, IN
Must have a valid and unrestricted driver’s license, and an acceptable driving record from the State Bureau of Motor Vehicles….
Insurance Authorization Coordinator – DVNA
Deaconess Health System 47 reviews – Evansville, IN
Must demonstrate excellent telephone and customer service skills. Minimum education level required is Associate Degree from an accredited college or university….
Receptionist/Office Assistant
Action Staffing 102 reviews – Evansville, IN
$11.50 – $12.00 an hour
Receptionist needed for legal office. Long-term with temporary to permanent hire possible. Prior office experience and knowledge of Microsoft Word necessary….
Bulk Clerk
Fresh Thyme Farmers Market 190 reviews – Evansville, IN
The Bulk Clerk is responsible for keeping all store bulk shelves stocked and clean during business hours. Ensures a variety of recipe cards, product coupons,…
Full Time 2nd Shift Cleaner
Facilities Management Services, Inc 6 reviews – Evansville, IN
Refrain from involving yourself in gossip and negative behavior. As an FMS Floor Technician your goal is to complete your assigned duties as directed by your…
Field Supervisor
Securitas 8,654 reviews – Evansville, IN
May be required to hold and continue to meet the requirements for any applicable state, county and municipal license for Security Officers….
Retail Assistant Store Manager – $15/hour – Evansville, Indiana (IN)
Lumber Liquidators 250 reviews – Evansville, IN
$15 an hour
Must possess a valid driver’s license and acceptable driving record. Lumber Liquidators is an Equal Opportunity employer of qualified individuals and does not…
Loan Resolution Specialist
Diamond Valley Federal Credit Union – Evansville, IN
Will contact delinquent accounts by phone and mail, analyze financial situations of delinquent borrowers and take appropriate action to bring accounts current,…
LAWN CARE AND LANDSCAPING
FLC Services – Evansville, IN
$10 – $12 an hour
License or certification:. Driver’s License (Required). Lawn care, landscaping, window cleaning, snow removal, etc. This is a physically demanding job in many…
Guest Specialist
Captain D’s, LLC 791 reviews – Evansville, IN
Whether you have years of experience as a cashier, server, cook, and prep cook, or no experience at all, we have an opportunity for you to develop a career in…
Call Center Representative for a Cable Service Client
Genesis Business Solutions, LLC – Evansville, IN
$9.02 – $11.89 an hour
Assist customers with billing or video technical repair inquiries; Applicant responsible to complete an online client certification course (company sponsored)….
Team Member Evenings/ Wkends 8.50-10 hr
Salsarita’s Fresh Mexican Grill 3 reviews – Evansville, IN
$8.50 – $10.00 an hour
If you are a hard worker that can smile, greet, thank, and interact with guests while keeping our restaurant clean and organized you can make very good money….
Executive Housekeeper
Residence Inn Evansville – Evansville, IN
Able to communicate accurately and effectively in verbal and written form with guests and associates so as to respond accurately and completely to people to…
Meat Clerk
Fresh Thyme Farmers Market 190 reviews – Evansville, IN
At Fresh Thyme, we believe you shouldn’t have to give away the farm to feed your body nutritious food. Our stores don’t follow traditional grocery store design,…
Medical Office Assistant – Dermatology
Deaconess Health System 47 reviews – Evansville, IN
Assists in discharge process from medical office including collecting payments, posting charges, issuing receipts and posting payments….
Communications, Marketing and Media Manager
Habitat for Humanity of Evansville – Evansville, IN
Strong conceptual and technical graphic design abilities. BA or BS degree in Communications/Journalism/Advertising/Marketing and Graphic Design experience or…
Mentor Teacher (4)
Evansville Vanderburgh School Corporation 38 reviews – Evansville, IN
As a contract teacher, this position will automatically be enrolled in the Teacher Retirement Fund (TRF) through the state of Indiana, which includes a defined…
Machine Operator
HRConnects, LLC – Evansville, IN
$13 an hour
Candidate MUST have several years of related job experience and strong work history, reliable transportation and valid drivers license….
Interior Designer
La-Z-Boy Incorporated 543 reviews – Evansville, IN
Be a professional Design Consultant through theuse of the La-Z-Boy In-Home Design program and drive top line sales through theuse of selling principles…
Experienced Volunteer Social Media Weather Forecasters Needed
Metro Weather Watch – Evansville, IN
Metro Weather Watch*is in need of volunteers for Social Media Weather Forecasting. You can help us right from the comfort of your own home if you have a…
Top Sales Performer
Sunset Funeral Home, Cremation Center & Cemetery – Evansville, IN
Giving presentations using company provided tools and presentation materials to deliver a strong consistent message. You’re a Top Sales Performer….
Food and Beverage Server
Elite Staffing LLC – Evansville, IN
$10 – $12 an hour
Liquor license is required. To insure all customers are served in a prompt, efficient, courteous and enthusiastic manner, and to prepare/pour all beverages…
Room Inspector
Elite Staffing LLC – Evansville, IN
$11 – $12 an hour
Conduct a daily inspection of all assigned rooms and updating the front desk. Advise Housekeepers of VIP rooms, blocked rooms and early make-ups….

Vanderburgh County Celebrates Bicentennial with Free Admission to Evansville Otters Game

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The Vanderburgh County Commissioners, The Old Courthouse Foundation and the Evansville Otters are hosting “Bicentennial Night with the Otters” at Bosse Field Saturday, May 12. The game is free for the community to attend. Attendees must have a ticket to enter. Tickets can be picked up at any local Evansville Vanderburgh Public Library location or found online by going to the Vanderburgh Bicentennial Facebook page, clicking on the event page and pushing the “Get Tickets” button.

Game time Saturday is 6:35pm and gates open at 5:30 pm. Vanderburgh County Commissioners, Bruce Ungethiem, Cheryl Musgrave and Ben Shoulders will be throwing out the first pitch. Commemorative Bicentennial T-shirts will be available for purchase at the game. All shirt sales proceeds go to support the Bicentennial Park project at the Old Vanderburgh County Courthouse.

“Bicentennial Night with the Otters marks the official kick-off of the County’s Summer of Celebration,” said County Commissioner Ben Shoulders. “Events are planned throughout the entire summer to celebrate our county’s big 200th birthday,” added Commissioner Cheryl Musgrave. “We are excited for the community to be able to attend and join in the fun”

For more information on the Vanderburgh County Bicentennial and upcoming celebration events go to www.VanderburghBicentennial.com.