TP Orthodontics, Inc. v. Andrew Kesling, et al. - 5/15/14

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Thursday  May 15, 2014 
9:00 AM  EST

9 a.m.  46A03-1207-MI-324. In litigation between siblings who are shareholders of a closely-held corporation, a special litigation committee (“SLC”) was formed to investigate and evaluate derivative claims the minority shareholders sought to pursue on behalf of the corporation, and the SLC issued a report that recommended pursuing some claims but not others.  The corporation moved to dismiss those claims the SLC recommended be rejected, attaching to its motion a heavily-redacted version of that report.  The minority shareholders then sought to compel production of the entire report, save one section not at issue.  The trial court granted the motion to compel production, and the Court of Appeals affirmed on interlocutory appeal.  In re TP Orthodontics, Inc., 995 N.E.2d 1057 (Ind. Ct. App. 2013), trans. pending.  The corporation, TP Orthodontics, has petitioned the Supreme Court to accept jurisdiction over the appeal.

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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