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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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