ILNews

Company hit with class action suits

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Rehearing

Two class action lawsuits have been filed against an Indianapolis firm that had offered estate planning services to people. Now, the Indiana Supreme Court is considering what happens next against the company it found a year ago had engaged in the unauthorized practice of law.

At the heart of the issue is United Financial Systems, which lost its license to operate because of an order by the state’s insurance commissioner Jan. 28. That suspension stemmed from a targeted market conduct examination the state agency began last fall and the company’s failure to submit payments. Following an Indiana Supreme Court decision last year and the company’s subsequent license suspension, there has been a growing storm against United Financial.

In State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, filed by the Indiana State Bar Association in 2008, the Supreme Court ruled in April 2010 that the company had engaged in UPL based on how it offered estate planning services. The court ordered that customers be notified and reimbursed, but that didn’t happen and the state’s justices in December again ordered the company to notify and refund money to those it had sold estate planning services.

The justices in January appointed former Monroe Circuit Judge Viola Taliaferro as commissioner, and after three meetings between parties she found on March 28 that United Financial had failed without good cause to pay refunds to 346 customers. The company had 15 days from the date of that order to issue refunds to those individuals.

But the two lawsuits pick up where the ISBA suit left off. The first lawsuit, Donald A. Bonnell and Wayne L. Landes v. United Financial Systems Corporation, No. 25C01-1101-PL-00051, was filed in January in Fulton County by Logansport law firm Starr Austen & Miller. A second suit is Richard L. Kennard v. United Financial Systems Corporation, No. 49C01-1103-PL-010470, filed March 16 in Marion County by law firm Cohen & Malad. The suits allege constructive fraud, contractual claim violations, conversion, and disgorgement of fees due to UPL.•

Rehearing "Court orders refunds in estate planning UPL case" IL Jan. 5-18, 2011

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT