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Supreme Court lets lawyer’s suit against Duke Realty proceed

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The Indiana Supreme Court summarily affirmed a Court of Appeals ruling that a jury should decide whether a real estate company intentionally induced a law firm to terminate an attorney’s partnership agreement as the result of a dispute over a land agreement.

Justices ruled in a two-page order Thursday in Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corp., 29S02-1407-CT-483.

Last December, a Court of Appeals panel ruled that the trial court erred in concluding that Carol Sparks Drake failed to present a genuine issue of material fact as to whether Duke Realty intentionally induced her employer, Parr Richey Obremskey & Morton, to terminate her as a partner.

The Supreme Court order reinstates the Court of Appeals ruling that remands the matter to Hamilton Superior Court.

The Court of Appeals ruling concluded, “In sum, it is for a jury to weigh the evidence and competing inferences and to determine Duke Realty’s intent, including whether Duke Realty intended to interfere with Drake’s partnership agreement, whether Duke Realty reasonably contemplated that its threat was certain or substantially certain to interfere with that agreement without regard to whether Duke Realty actually intended or desired that result, or whether Duke Realty’s threat to withdraw all of its business from Parr Richey was merely an expression of a client’s legitimate concern about a conflict of interest.”

The case drew amicus briefs from the Indianapolis Bar Association as well as the Indiana Chamber of Commerce. Justice Steven David did not participate.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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