ILNews

Federal judge gives green light to trial

Michael W. Hoskins
January 1, 2007
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A federal judge in Indianapolis has ruled a lawsuit can proceed to trial over a "very fast, and valuable, race car."

The Not for Publication opinion issued Wednesday by U.S. District Judge John D. Tinder is Reginald D. "Don" Whittington Jr. v. Indianapolis Motor Speedway Foundation a.k.a. Hall of Fame Museum, No. 1:06-cv-0333-JDT-TAB.

Judge Tinder denied motions for summary judgment and determined that a trial is the only likely way to resolve this dispute involving the ownership of a famous Porsche 935 used in the French car race that is considered the Indianapolis 500 of endurance racing.

In 1979, the driver racing team of brother Don and Bill Whittington and German driver Klaus Ludwig won the 24 Hours of Le Mans that is raced in France each year on a circuit that combines racetrack and closed public roads. This litigation focuses on the ownership of the Whittingtons' 935 K-3 racecar, which both parties disagree whether it was donated or loaned to the IMS Museum of History in the early 1980s.

After giving the car to the IMS, Don Whittington raced for several years before dissolving the brothers' racing company, spending time in prison for tax conspiracy, and eventually asking in August 2004 for the Porsche to be returned so he could show it at a vintage car event in Florida. The IMS Foundation - which had maintained, insured for $375,000, and periodically displayed the car for more than 20 years - declined to return the Porsche it classified as a donation. This suit was filed in February 2006.

In Judge Tinder's ruling, he notes that neither party can point to written records establishing the nature of the ownership transfer - "the history of the Porsche 935 K-3 is little more than a story of handshake deals," the judge wrote.

As a result, he denied Whittington's motion for summary judgment on claims of conversion and replevin, and also denied the Foundation's motions for summary judgment on statute of limitations and laches grounds.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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