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Company hit with class action suits

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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

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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