William Klepper vs. Ace American Insurance, Inc. - 9/24/13

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Tuesday  September 24, 2013 
2:00 PM  EST

2 p.m., 15A05-1212-CC-645. In 2005, William Klepper brought a class action lawsuit against Pernod Ricard, LLC, d/b/a Seagrams Lawrenceburg Distillery (“Pernod”) alleging that emissions from the distillery had discolored and degraded the exterior of nearby buildings.  ACE American Insurance Company (“ACE”) and XL Insurance Company (“XL”) insured Pernod.  In 2009, the Class, Pernod, and XL entered into a settlement agreement, which called for ACE to contribute $3,000,000 toward the $5,200,000 judgment and released Pernod and XL from liability.  ACE did not consent to the settlement, and Klepper, as Pernod’s assignee, sued ACE.  Eventually a special master was appointed to decide six coverage-related issues.  After the special master concluded that Pernod breached the insurance contract by entering into the agreed judgment without ACE’s consent, the trial court adopted the special master’s report and entered final judgment on the six issues decided by the special master.  Klepper now appeals, and ACE cross-appeals.
The Scheduled Panel Members are Judges Barnes, Crone, and, Pyle. Location: Indiana Court of Appeals Courtroom, State House, Room 413, Indianapolis, Indiana 46204
 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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