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Supreme Court lets lawyer’s suit against Duke Realty proceed

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The Indiana Supreme Court summarily affirmed a Court of Appeals ruling that a jury should decide whether a real estate company intentionally induced a law firm to terminate an attorney’s partnership agreement as the result of a dispute over a land agreement.

Justices ruled in a two-page order Thursday in Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corp., 29S02-1407-CT-483.

Last December, a Court of Appeals panel ruled that the trial court erred in concluding that Carol Sparks Drake failed to present a genuine issue of material fact as to whether Duke Realty intentionally induced her employer, Parr Richey Obremskey & Morton, to terminate her as a partner.

The Supreme Court order reinstates the Court of Appeals ruling that remands the matter to Hamilton Superior Court.

The Court of Appeals ruling concluded, “In sum, it is for a jury to weigh the evidence and competing inferences and to determine Duke Realty’s intent, including whether Duke Realty intended to interfere with Drake’s partnership agreement, whether Duke Realty reasonably contemplated that its threat was certain or substantially certain to interfere with that agreement without regard to whether Duke Realty actually intended or desired that result, or whether Duke Realty’s 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.”

The case drew amicus briefs from the Indianapolis Bar Association as well as the Indiana Chamber of Commerce. Justice Steven David did not participate.

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

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  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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