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COA rules against former Junior Achievement boss in defamation suit

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The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.

Jeffrey Miller and his wife, Cynthia, sued numerous parties in March 2010, including the Central Indiana Community Foundation Inc. and Brian Payne. Miller argued in part that Payne defamed him and caused him to not be offered a job with the city of Indianapolis.

The allegations are based on conversation Indianapolis Mayor Greg Ballard’s former chief-of staff, Chris Cotterill, had with Payne March 9, 2010, at a meeting about the Indianapolis Cultural Trail. Cotterill had been in discussions with Miller about any potential jobs in the city’s office, but nothing had been offered.

Cotterill wanted to speak with Payne to confirm information his wife told him about the Junior Achievement of Central Indiana being the subject of an audit. Miller served as president of JACI from 1994 until he retired in 2008. He also served as president of JACI’s foundation, known as Experiential Learning and Entrepreneurship Federation until February 2010.

The construction of an Ivy Tech culinary project initiated during Miller’s time as JACI president came to a halt in early 2010 after the Glick Fund at Central Indiana Community Foundation, stopped paying on a $2 million grant, pending an audit.

During the brief March 2010 discussion, Payne confirmed to Cotterill that CICF was in the process of auditing JACI due to the Glicks’ concerns of money being spent in ways not consistent with the terms of the grant, misappropriation of funds, or money moving around in an improper manner. Cotterill, however, testified during his deposition that Payne never told him that Miller was the one who may have misappropriated funds or moved money around improperly.

At the time of this conversation, there was an audit ongoing, so the statements were true. There is no evidence that Payne made any comments regarding Miller that could be considered defamatory or that Payne invaded Miller’s privacy by placing him in a false light, the appeals court held in Jeffrey M. Miller and Cynthia S. Miller v. Central Indiana Community Foundation, Inc., and Brian Payne, 49A04-1309-PL-451.

The designated evidence also shows that Payne did not commit any unjustified interference with an alleged business relationship between the city of Indianapolis and Miller. Payne did not seek out Cotterill; it was Cotterrill who wanted to verify the information his wife had told him. Also, Cotterill had concerns prior to learning of the audit that Miller was telling people that he would be working for the mayor before any employment offer had been extended. No offer was ever made.

The Millers have sued 17 parties over comments – both spoken and written – that they claim are defamatory. In April, the Court of Appeals affirmed summary judgment for Federal Express Corp. and the 500 Festival Inc.

Some of those comments come from anonymous commenters on news websites and message boards.  The action involving those defendants was an issue of first impression for the courts.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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