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Jury should decide whether Duke Realty intended to get law partner fired

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There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.

Drake owned land in Boone County next to the Anson Project development Duke Realty was constructing in 2003. She declined to sell her land, and the two later entered into a land-use agreement that limited how Duke Realty could develop the property near Drake’s land. During this time, Parr Richey suspended its representation of Duke Realty on the project until the land-use agreement was executed in 2004.

But a dispute over the agreement caused Duke Realty to inform the partners at Parr Richey that it was in the firm’s best interest to resolve the issue between Drake and the company. If Drake filed anything against Duke Realty regarding the land-use agreement, then whatever relationship Duke Realty had with the firm would be ended, Duke Realty told Parr Richey.

Shortly thereafter, the other partners agreed to remove Drake as a partner at the end of 2006. She sued Duke Realty for tortious interference with her partnership. The trial court granted the company’s motion for summary judgment.

At issue in Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corporation, 29A02-1302-CT-152, are the tortious interference elements of the defendant’s intentional inducement of breach of the contract and the absence of justification. The Court of Appeals found genuine issues of material fact regarding both these elements.

“The question remains whether, when Duke Realty demanded of Parr Richey that Drake cease and desist from enforcing her rights under the Land Use Agreement, Duke Realty intentionally induced Parr Richey to remove Drake as a partner without legal justification,” Judge Edward Najam wrote.

The judges also found it is not necessary for Duke Realty to have specifically intended only that Drake be terminated as a partner for the company to have tortiously interfered with the partnership agreement.

Duke Realty pointed to Indiana Professional Conduct Rule 1.7(a)(2) to say that even if it did interfere with the partnership agreement, it had a legitimate business reason to do so.

“But our Rules of Professional Conduct do not justify a client’s tortious behavior toward an attorney. While Duke Realty has an unfettered right to terminate its attorney-client relationship with Parr Richey, Duke Realty could have exercised that right without issuing a threat or ultimatum regarding Drake,” Najam wrote.

“Again, Duke Realty’s argument ignores the fact that it did not simply terminate its attorney-client relationship but, rather, used its status as a Parr Richey client as leverage in its dispute with Drake.”

A jury should decide Duke Realty’s intent and whether its threat to withdraw all of its business from Parr Richey was merely an expression of a client’s legitimate concern about a conflict of interest.
 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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