ILNews

Federal judge gives green light to trial

Michael W. Hoskins
January 1, 2007
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A federal judge in Indianapolis has ruled a lawsuit can proceed to trial over a "very fast, and valuable, race car."

The Not for Publication opinion issued Wednesday by U.S. District Judge John D. Tinder is Reginald D. "Don" Whittington Jr. v. Indianapolis Motor Speedway Foundation a.k.a. Hall of Fame Museum, No. 1:06-cv-0333-JDT-TAB.

Judge Tinder denied motions for summary judgment and determined that a trial is the only likely way to resolve this dispute involving the ownership of a famous Porsche 935 used in the French car race that is considered the Indianapolis 500 of endurance racing.

In 1979, the driver racing team of brother Don and Bill Whittington and German driver Klaus Ludwig won the 24 Hours of Le Mans that is raced in France each year on a circuit that combines racetrack and closed public roads. This litigation focuses on the ownership of the Whittingtons' 935 K-3 racecar, which both parties disagree whether it was donated or loaned to the IMS Museum of History in the early 1980s.

After giving the car to the IMS, Don Whittington raced for several years before dissolving the brothers' racing company, spending time in prison for tax conspiracy, and eventually asking in August 2004 for the Porsche to be returned so he could show it at a vintage car event in Florida. The IMS Foundation - which had maintained, insured for $375,000, and periodically displayed the car for more than 20 years - declined to return the Porsche it classified as a donation. This suit was filed in February 2006.

In Judge Tinder's ruling, he notes that neither party can point to written records establishing the nature of the ownership transfer - "the history of the Porsche 935 K-3 is little more than a story of handshake deals," the judge wrote.

As a result, he denied Whittington's motion for summary judgment on claims of conversion and replevin, and also denied the Foundation's motions for summary judgment on statute of limitations and laches grounds.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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