Indiana woman sues over lack of wheelchair access to concert
IL for www.threindianalawyer.com
A woman who uses a wheelchair filed a lawsuit Thursday against a southern Indiana school district because the venue for her child’s Christmas show isn’t wheelchair accessible.
The American Civil Liberties Union of Indiana filed the lawsuit in federal court on behalf of Mycal L. Ashby against the Warrick County School Corporation. The lawsuit claims Ashby couldn’t attend her son’s Christmas show because the venue doesn’t accommodate her wheelchair.
Warrick County School Superintendent Brad Schneider said Thursday in a phone interview that the situation is a misunderstanding and that the school district doesn’t “want to exclude or limit anyone.”
“This was not a school event,” Schneider said. “This was simply something the school was invited to participate in.”
Ashby’s son attends Loge Elementary School in Boonville and was a member of the choir, which performs during the holidays. The past two years the performance was held at the Warrick County museum, which the ACLU says isn’t wheelchair accessible.
The ACLU said the principal told the Ashby family in 2015 that the museum had been made wheelchair accessible. But Ashby said she was forced to leave because she couldn’t enter the building in her wheelchair. She said this upset her and her son.
“It is so important to be at your children’s school events,” Ashby said in an ACLU news release. “I feel it is inexcusable that I was excluded for the simple reason that I am in a wheelchair.”
The case, Mycal L. Ashby v. Warrick County School Corporation, 3:16-cv-190,was filed in the U.S. District Court for the Southern District of Indiana, Evansville Division.
Ex-Krieg DeVault attorneys sue over pay, alleged partner write-offs
Dave Stafford for www.theindianalawyer.com
Three partners who left Krieg DeVault LLP last year have sued their former firm over compensation. They claim they were shortchanged when they departed the firm and made to pay for other partners whose capital accounts with negative balances were written off.
David Jose, Melinda Shapiro and Mark Wenzel sued their former firm Sept. 7, seeking compensatory damages, enhanced damages, and attorney fees and costs on claims of breach of contract, conversion, breach of fiduciary duty and breach of trust.
Krieg DeVault officials did not immediately respond to messages seeking comment.
Jose, Shapiro and Wenzel all provided notice of their departure in June 2015 and left the firm the following month, the suit says. They claim they each were entitled to a June 2015 distribution based on participation units allocated to partners in the firm. The suit says Jose received no distribution, and that the firm unilaterally made an accounting entry to Shapiro’s and Wenzel’s capital accounts in an amount equal to what they should have received.
“The remaining partners at Krieg DeVault effectively retained and divided among themselves the net revenues attributable to the June 2015 participation units of Jose, Wenzel, and Shapiro,†the suit asserts. The former partners also allege the firm commingled funds belonging to their capital accounts with the firm’s general funds and assets.
The suit asserts Krieg DeVault under managing partner Deborah J. Daniels and partnership attorney Mark Merkle decided to write off the negative capital account balances of some departing partners. The suit says the firm balanced that write-off by making an accounting adjustment this year in the capital accounts of other partners who had positive balances in their accounts.
Jose, Shapiro and Wenzel argue in their suit that their capital accounts regulated by a contract with the firm were “not subject to retroactive adjustment or to year end adjustment, to pay for the business decision made by Krieg DeVault in 2016 to write off negative capital accounts of certain departing partners.â€
The suit does not name those partners, nor does it allege specific amounts the plaintiffs say they are owed. It seeks immediate payment without reduction of their June 2015 participation unit distributions and their June 30, 2015, capital account balances, without reductions, plus interest and unspecified enhanced damages.
Jose is now a partner and chair of the health care and life sciences practice at Plews Shadley Racher & Braun LLP. Shapiro and Wenzel joined the Indianapolis office of SmithAmundsen — Shapiro as a partner in its health care practice, and Wenzel as a partner practicing in the areas of creditors’ rights, bankruptcy, real estate and commercial law.
According to data from the Indianapolis Business Journal, the local lawyer count for Krieg DeVault has fallen from roughly 100 to 75 in the past two years. The IBJ’s list of largest Indianapolis-area law firms shows Krieg DeVault had 138 attorneys in offices around Indiana and the U.S. Data from 2015 shows that number dropping to 79. The firm was established in Indianapolis in 1870.
The case filed by Miller & Fisher LLC before Marion Superior Judge John M.T. Chavis II is David Jose, Mark Wenzel and Melinda Shapiro v. Krieg DeVault LLP, 49D05-1609-CT-31701.
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Evansville Bar Association Members Volunteering Their Time
Members of the Evansville Bar Association are volunteering their time on Friday, September 16, 2016, to assist the Albion Fellows Bacon Center and the YWCA for the third annual “Annual Day of Service.â€Â The EBA’s Day of Service coincides with service projects sponsored by bar associations throughout the State of Indiana.
The Evansville Bar Association volunteers will assemble at the shelter locations at 9:00 a.m. and will begin painting and re-decorating a room in each facility and assisting with other tasks specified by the two non-profits.  The EBA will re-paint and re-decorate a room in the YWCA’s Transition Housing Recovery Program and within the Albion Fellows Bacon Center shelter.
Chair of the 2016 EBA Day of Service Project, Jean Blanton of the law firm of Ziemer, Stayman, Weitzel & Shoulders, explained the reason the Bar Association selected the YWCA and the Albion Fellows Bacon Center for their community service project: “These two agencies are long-standing, strong non-profits that provide much needed shelter and education to women and children in situations including recovery from substance abuse and domestic and sexual violence. The EBA is pleased to assist both agencies as they continue to provide these critical services in our community.â€
RASCALS EVEN UP CHAMPIONSHIP SERIES BEHIND COMPLETE GAME
The Evansville Otters fall in game two of the Championship Series one to zero. The Otters fall flat on offense and were shut down with one hit all night.
Tim Koons was on the mound for the River City Rascals and pitched a complete game. Koons had a perfect game going until he hit Josh Allen with a pitch in the seventh, then lost his no hit bid in the eighth. Hunter Ackerman started for the Otters and had good performance on the night only allowing one run on the night.
The only scoring play came in second with Clint Freeman RBI-double to bring home Mike Jurgella. In the fifth, the Rascals had a chance to extend the lead, but Chris Breen shut that idea down. The Rascals hit a smoker into right field, then Chris Breen threw a rocket to Julio at home to beat the runner and get the final out in the inning to keep the deficit to one.
The Otters will play the Rascals in game three Friday, September 16. The game will be CarShield Field with first pitched being scheduled at 6:35 P.M.
SEPTEMBER 15 “READERS FORUM”
WHATS ON YOUR MIND TODAY!
EDITOR FOOTNOTE: “IS IT TRUE†will be posted on this coming FRIDAY
Todays READERS POLL question is: Do you agree with Hillary Clinton statement that “Half of Trump supporters fit in ‘what I call the basket of deplorable.'”?
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CHANNEL 25 News: Fifth Third Bank Plans To Close More Than 40 Of Its Locations-
Fifth Third Bank Plans To Close More Than 40 Of Its Locations
The Cincinnati-based bank unveiled the plan during an industry conference Tuesday.
This comes more than a year after it started selling about 100 branches.
The latest cuts would remove nearly 4% of the bank’s branch network.
Officials haven’t said which branches will close, but employees and customers will be notified next month.
Illinois, Indiana, and Kentucky could be affected by the closures.
Wesselman Nature Society Receives Check from D-Patrick
D-Patrick in Evansville presented a check to Wesselman representatives this afternoon.
Those reps say the money will be used for caring and training animals in their program.
Representatives also brought a snake and an owl to see the event.
Each month, D-Patrick Ford chooses an organization to promote and include in their Monthly Test Drive Give Away.
Evansville Police Investigate Several Vehicle Break-Ins
Police are investigating 14 car break-ins that happened overnight in the southeast side of Evansville.
Police say most of them happened on the southeast side of town.
Several victims report seeing suspects throw large rocks at their vehicles’ windows from a black four door vehicle.
Police believe many of these break-ins are connected.
They say so far they have only gotten reports of damage to windows.
Police say to park cars in well lit areas overnight if you can.
If you know anything about these break-ins, call Evansville Police right away.