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Ex-employee wins appeal and prejudgment interest

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A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.

Peter Karagan worked for Dennis Larson’s real estate companies for two years before leaving in December 2007. His oral agreement with Larson said Karagan would be paid 75 percent of the gross commissions Larson received for transactions Karagan procured. When Larson didn’t pay up, Karagan sued for breach of contract and conversion. Larson did not respond to Karagan’s motion for summary judgment or to Karagan’s two requests for admission of fact.

The Lake Superior Court found Karagan was entitled to treble damages and awarded him $177,612.50 plus costs and future commissions, but denied his request for prejudgment interest.

In Dennis Larson, Rose Real Estate, Inc., and Diversified Commercial Real Estate v. Peter N. Karagan, 45A04-1112-CC-656, the Court of Appeals found Karagan’s designated evidence doesn’t give rise to a genuine issue of material fact, as Larson argued.

The judges also rejected Larson’s claim that there was no evidence of criminal intent to support the application of the criminal conversion statute that was used to award treble damages. The Court of Appeals cited White v. Indiana Realty Associates II, 555 N.E.2d 454, 458 (Ind. 1990), to support the trial court’s determination that Karagan was entitled to treble damages.

The evidence also established what Karagan’s commission was, the transactions for which he was entitled to commissions, and the amount of the commissions, so the trial court should have awarded Karagan prejudgment interest, Judge Melissa May wrote. The judges remanded the matter to the trial court to do so.

 

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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