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Broughton’s top 10 finish helps Eagles advance to nationals

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University of Southern Indiana junior Chase Broughton (Marengo, Indiana) finished ninth out of 215 runners as the No. 7 Screaming Eagles’ men’s cross country team finished second out of 31 teams at the NCAA Division II Midwest Region Championships Saturday at Angel Mounds.

Broughton’s effort was huge for the Eagles, who saw their top two runners—senior Johnnie Guy (Palmyra, Indiana) and junior Noah Lutz (Evansville, Indiana)—battle the flu throughout the race. Broughton finished his first-career 10-kilometer race in 31 minutes, 12.64 seconds to earn All-Midwest Region accolades.

Despite suffering from flu-like symptoms, Guy and Lutz were still able to post 22nd and 26th-place finishes, respectively, to help the Eagles qualify for the NCAA II National Championships for the 11th consecutive year. Guy earned All-Midwest Region honors for his finish, while Lutz, who finished in 31:47.11, was less than four seconds away from an All-Region award, which goes to the top 25 finishers.

USI had four runners finish in the top 30 and six in the top 38 as it finished with 122 points, four ahead of the No. 13 University of Wisconsin-Parkside Rangers, who were third. Senior Tyler Schickel (Poseyville, Indiana) and junior Josh Guy (Palmyra, Indiana) were 30th and 35th, respectively, while sophomore Jesse Stanley (Chandler, Indiana) was 38th.

No. 1 Grand Valley State University finished first with 43 points, while No. 23 Malone University was fourth with 166 points. Walsh University rounded out the top five teams, who all qualify for the national meet, with a team score of 212.

Individually, Cedarville University senior Benjamin Tuttle finished first with a time of 30:34.37, while University of Indianapolis senior Alex Cushman was second with a time of 30:40.23. Tuttle, Cushman, and Bellarmine University sophomore Chris Striegel, who was fourth, each qualified for the national meet as individuals.

The Eagles compete at the NCAA II National Championships November 21 in Joplin, Missouri.

Eagles grounded by Bearcats in exhibition loss

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University of Southern Indiana Women’s Basketball suffered a 69-49 exhibition loss to the University of Cincinnati Saturday afternoon in Cincinnati, Ohio. USI opens the 2015-16 regular season November 14 on the road when it travels to the University of Alabama-Huntsville for a 2 p.m. contest.

The Screaming Eagles got off to a rough start, falling behind 6-1 in the opening minutes of the first quarter, and had to wait 4:07 to get their first field goal. USI would trail at the end of the first quarter, 21-11, but would get back to within three points, 26-23, with 3:40 left in the half on a lay-up by sophomore guard/forward Kaydie Grooms (Marshall, Illinois).

The Bearcats got the final seven points of the second quarter and would go into the intermission with a 33-23 advantage. Sophomore forward Morgan Dahlstrom (Grayslake, Illinois) led USI in the first half with six points, while junior forward Hannah Wascher (Rantoul, Illinois) had five points and a team-high nine rebounds.

In the second half, the Bearcats outscored the Eagles, 18-14, in the third quarter to extend the margin to 51-37, before running away from USI in the fourth. Cincinnati used a 13-0 run mid-way through the fourth quarter to take a 23-point lead, 64-41. USI and Cincinnati would score five points each in the final minutes, resulting in the 69-46 final.

Overall, USI shot 36.7 percent from the field (18-49), 28.6 percent from long range (4-14), and 46.2 percent from the charity stripe. The Eagles also had 30 costly turnovers that resulted in 30 Bearcat points.

Individually, USI was led by Wascher’s debut double-double. Wascher posted her team-high 10 points on four field goals and a pair of free throws, while grabbing a game-high 13 rebounds. She collected 10 of her 13 rebounds off the defensive glass.

USI sophomore guard Randa Harshbarger (Philo, Illinois) followed Wascher with nine points, while Dahlstrom and junior center Ruta Savickaite (Vilnius, Lithuania) added six points each.

 

Men’s basketball takes 95-65 win in exhibition game

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D.J. Balentine scored a game-high 20 points to lead the University of Evansville men’s basketball team to a 95-65 exhibition victory over Wabash on Saturday afternoon at the Ford Center.

 

“We had some really good moments and some not so good moments, but we had some really good stretches of play,” UE head coach Marty Simmons said.  “Our guys will recognize our weaknesses and get better.  Overall, it was a good day and we need to take the good things away from it and get ready for next weekend.”

 

“Our best basketball came when we played fast and shared the ball,” Simmons added.  “That is what we need to focus on moving forward.”

 

Balentine was the top scorer in the game, notching 20 points on a 9-of-17 day from the field.  He also dished out a game-high 8 assists.  He was one of five double-digit scorers.  Joining him were Adam Wing, Mislav Brzoja, Blake Simmons and Egidijus Mockevicius.  Wing was next up for UE, notching his points on an efficient 8-of-10 effort.

 

Brzoja hit a pair of 3-pointers to finish with 13 while Simmons and Mockevicius chipped in 11 apiece.  Mockevicius also hauled in 12 rebounds, all on the defensive end.  In his first action with UE, freshman Harris Brown posted eight points and hit all three of his attempts.

 

“This was a good test for us,” Balentine said.  “We need to see where we need to get better.  It was also cool to get the assist on Harris’ first bucket.  Our strategy was to get it to him on the break.  The crowd really wanted to see him score.”

 

The Purple Aces finished the game shooting 58.3% from the floor, including 61.5% in the second half.  Five 3-pointers also found the bottom of the net for UE.  The Aces also recorded 25 assists on 35 made baskets.

 

Wabash was led by Evan Frank’s 17-point effort.  He hit seven shots on 15 tries.  He also led the Little Giants with seven rebounds.  Johnny Jager also hit double figures, finishing the day with 13.

 

Evansville scored the first eight points of the game and never looked back, taking a 17-point lead to the locker room at the half as they led 48-31.  Balentine posted 14 in the period.  Wing had ten in the stanza, hitting five out of his six attempts, excelling from mid-range.

 

“I feel the most comfortable when I shoot from mid-range,” Wing said.  “The coaches told me to play on my strengths and that is what I tried to do today.”

 

In the second half, the Aces continued to add to the lead before a free throw by Christian Benzon in the final minute gave the Aces their largest lead and would mark the final of 95-65.

 

On November 15, Evansville will open up the regular season against Southeast Missouri State at the Ford Center.  Tip is set for 2 p.m.

SIU earns 3-0 win over UE Volleyball

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Freshman Mildrelis Rodriguez had a match-high 12 kills as the University of Evansville volleyball team fell by a 3-0 final at Southern Illinois on Saturday.

 

Rodriguez was the main focus of the offense for Evansville (8-20, 2-12 MVC) with Genesis Miranda out due to injury.  Gabriela Roman was next with six kills while Rocio Fortuny finished the night with five.  Lorena Marquez led UE with 16 assists while Kim Deprez racked up 17 digs.

 

A pair of Salukis (20-7, 11-3 MVC) had a team-best eight kills.  Taylor Pippen and Abby Barrow paced the SIU offense with their total.  Pippen hit an accurate .538 on the night in leading the Salukis to a final of .286.

 

In the first game, the Aces kept it close in the early going as a service ace by Roman got UE within two at 9-7.  Up 12-9, SIU pulled away as a 12-3 run put them up 24-12 before they clinched the 25-16 win.

 

Evansville regrouped and played much better in the second game.  Despite falling in a 6-2 hole, UE rallied back.  Rodriguez posted two kills as the Aces got within one at 14-13.  SIU punched back, scoring the next three before taking a 25-19 victory.

 

Southern Illinois took a 9-3 lead in the third and would pull away for a 25-13 win and a 3-0 sweep on the night.

 

Evansville completes its home schedule next weekend with a 7 p.m. match on Friday versus Indiana State before hosting Illinois State at 6 p.m. on Saturday.

 

REFUGEES WELLCOME

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VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office today.

Jason Ward Rollins Domestic battery, Level 6 felony

Ryan Anthony Loehrlein Criminal recklessness, Level 5 felony

Pointing a firearm, Level 6 felony

Intimidation, Level 6 felony

Jeffrey Travar Rawls Attempted escape, Level 5 felony

Criminal trespass, Class A misdemeanor

Resisting law enforcement, Class A misdemeanor

Public intoxication, Class B misdemeanor

Lovlie Jasmine Jones Bribery, Level 5 felony

Theft, Level 6 felony

Possession of marijuana, Class B misdemeanor

Phillip Wayne Garrett Auto theft, Level 6 felony

Auto theft, Level 6 felony

Theft, Level 6 felony

Joseph Allen Melton Attempted battery by means of a deadly weapon, Level 5 felony

Brian Keith Seibert Auto theft, Level 6 felony

Nathan Saddler Presley Dealing in marijuana, Level 6 felony

Carrying a handgun without a license, Class A misdemeanor

Steven Michael Rainwater Domestic battery, Level 6 felony

Criminal confinement, Level 6 felony

Interference with the reporting of a crime, Class A misdemeanor

Derrick Thomas Maurer Operating a vehicle with an ACE of .15 or more, Level 6 felony

Possession of marijuana, Class B misdemeanor

Nicholas Antonio Parker Operating a vehicle as a habitual traffic violator, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Clause Limiting Time Client Can Sue Attorney Violates Public Policy

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Jennifer Nelson for www.theindianalawyer.com

 

The contract a client signed to have the Conour Law Firm represent her contained a clause limiting her ability to sue the firm to one year, which the Indiana Court of Appeals found violated public policy and the Indiana Rules of Professional Conduct. The lawsuit seeking to recover settlement funds stolen by William Conour continues against his former colleague.

Rene DiBenedetto entered into a contract with the Conour Law Firm in April 2010 to have the firm represent her in an automobile accident. Her case settled, but she never received any of the settlement money. Timothy Devereux at that time worked at the law firm and met with DiBenedetto about her case. He left the firm at the end of 2011, and in April 2012, Conour was charged with wire fraud for stealing millions from clients. DiBenedetto filed her lawsuit against Devereux in October 2013.

She alleged Devereux breached a “duty to make sure that the law firm would make reasonable efforts to ensure that the firm had in effect measures giving reasonable assurance that all lawyers and non-lawyers in the firm conform to the Rules of Professional Conduct.” She contended Devereux “is liable for Rene DiBenedetto’s loss of settlement proceeds” by virtue of his employment relationship with Conour.

Devereux moved for summary judgment, which the trial court denied. In Timothy Devereux v. Rene DiBenedetto, 49A02-1411-CT-780, he argued that DiBenedetto was bound by the one-year limitation in her contract with the law firm as to when she could bring a lawsuit, and she had one year after Conour’s arrest to file the suit.

There have been no Indiana decisions addressing shortening the period of limitations for legal action against an attorney. The judges looked toCharnay v. Cobert, 51 Cal. Rptr. 3d 471, 481 (Cal. Ct. App. 2006), a legal malpractice decision regarding a clause in a billing contract requiring the client to contest the bill within 10 days or be bound by it. That court noted a contractually shortened limitations period has not been upheld outside of straightforward transactions.

“We agree with the Charnay analysis and find it consistent with Indiana Rule of Professional Conduct 1.8(h). The clause in DiBenedetto’s contract with the Firm that shortens the time for filing a lawsuit violates public policy and is void. Therefore, the trial court properly denied Devereux’s motion for summary judgment. We expressly decline to comment on the merits of DiBenedetto’s action against Devereux. The opinion should be read to address the issue of the limitations clause found in the contract between DiBenedetto and the Firm, and nothing else.

 

UALR edges UE women’s swimming and diving

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A shorthanded University of Evansville women’s swimming and diving team gave Arkansas Little Rock all it could handle but fell just short, dropping a 146-135 decision on Saturday morning at Wyttenbach Pool.

 

Courtney Coverdale was once again the top performer on the boards.  She took the top spot in the 1-meter with her score of 276.37 while her tally of 236.17 was the best score in the 1-meter dive.

 

Michaela Kent had a solid meet once again.  Her time of 53.62 gave her the win in the 100 free gave her the win by just 0.17 ticks.  In the 50 free, she was victorious once again, taking the win by over a second with a time of 24.71.

 

Taking the win in the 500 free was Maja Magnusson.  Her performance was one of the tops on the team on the day as she won by over six seconds with her 5:24.70.  Amy Smith took top honors in the 100 breaststroke, swimming a 1:09.53 to win by 0.7 seconds.

 

Capping off the day was a victory in the 200 free relay.  Madi Jones, Kristen Myers, Magnusson and Kent teamed up to swim a 1:39.19, defeating UALR by 1.25 seconds.

 

Next up for the Aces is a trip to the House of Champions from November 20-22 in Indianapolis.

HALEY by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 09 November 2015)

HALEY

A fur ball cavorting across the floor

A puppy infused with life

Bringing us joy, inconvenience and strife

Who gets to put her out the door?

Newspapers and mops disinfectant galore

What do we do with her when we need to leave home?

Perhaps a cage, then again we’re not sure

Maybe we’ll just stuff her on the back seat floor

Year after year, at least fifteen and more

Greeting us with exuberant joy

Finding no fault when the world treats us cruel

Losing her teeth and sending the vet’s kids to school

Fur turning grey as she maintains her pace

Holding her own we begin to notice she’s deaf

Cars are a concern as she wonders away

She still carries on with incomparable grace

She no longer must be told not to jump on the couch

The spring is not in her now

Perhaps we should do something but we don’t know how

When we try to discuss it, we both tend to grouse

Nights getting shorter, Haley needs to go out, what a pain to get out of bed

We no longer can simply open the door as she cannot find her way back

Perhaps another operation or more drugs will suffice, or maybe time’s not her friend

Don’t bring it up, we both simply pout

Now that Nature has decided for us and we think back on how it has been

The feedings, the cleanings, the mess, the expense, pale in the glow of her presence

She no longer is deaf, blind, halt, lame and old

She simply remains our best fur-balled friend!

Indiana Joins Operation Collection Protection, A Joint Federal-State Sweep Against Debt Collection Abuse

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 Attorney General Greg Zoeller announced Indiana’s involvement in a nationwide debt collection abuse sweep, which resulted in 110 actions being filed by federal, state and local agencies against illegal debt collection operations in 2015. The Indiana Attorney General’s Office took action against a number of entities for using deceptive tactics to collect on consumer debt this year.

Indiana and federal law prohibits debt collectors from using abusive, unfair or deceptive practices when collecting on debt, and prohibits debt collectors from suing or threatening to sue consumers based on debt that is beyond the applicable statute of limitations or “stale.” Additionally, debt collectors cannot use fear tactics or threaten criminal action when collecting on debt.

The Indiana Attorney General’s Office received 912 debt collection-related complaints in 2014 and 2015, ranking it among the top complaints received by the AG’s Office. Nationally, consumers filed more than 280,000 complaints with federal authorities in 2014 relating to debt collection, which is more complaints than any other industry.

Led by the Federal Trade Commission (FTC), Operation Collection Protection brought together a national coalition of federal, state and local enforcement and regulatory organizations to address illegal debt collection practices.

“The debt collection industry is governed by federal and state laws that aim to make the process more transparent and fair for consumers,” Zoeller said. “My Office hears from hundreds of consumers each year about debt collectors who use threatening, false and illegal tactics to pursue debt. Many of these third-party debt collection agencies operate nationally, so cooperation among federal, state and local partners is key to stopping this abuse.”

To resolve debt collection abuse allegations in Indiana, the Attorney General’s Office reached settlement agreements with the following entities in 2015:

  • Gregory K. Pugh, P.C. doing business as Dominion Asset Recovery – Based in Virginia, this entity allegedly used illegal, threatening tactics in attempt to collect on stale debts from Indiana consumers, including debt the entity purchased from EZ Payday Loans of Indiana. To resolve these allegations, this entity can no longer purchase, assign, transfer, sell or collect debts from any consumers living in Indiana. The entity also agrees to discharge any debts it owns and set account balances to zero for any consumers living in Indiana who obtained a loan from EZ Payday Loans. Additionally, the entity must pay $5,500 to the Indiana Consumer Protection Fund.
  • Dynamic Recovery Solutions, LLC –  Based in South Carolina, this third-party debt collection agency allegedly attempted to collect on stale debt without disclosing that it cannot sue on stale debt and that if a consumer makes a partial payment on stale debt, a new limitations period could arise that would allow the company to sue. The Indiana Attorney General’s Office received 12 complaints from consumers since 2011 against this agency for its debt collection practices. To resolve these allegations, Dynamic Recovery Solutions must reform its debt collection tactics to comply with state and federal laws, and make the proper disclosures when collecting on stale debt. Dynamic Recovery Solutions must also pay $1,000 to the Indiana Consumer Protection Fund.
  • Chase Bank USA N.A. and Chase Bankcard Services Inc. – As part of a national $136 billion settlement led by the U.S. Consumer Financial Protection Bureau, Chase was accused of pursuing credit card debt collection cases based on bad information, including cases where the listed debt was the wrong amount, tied to the wrong person, discharged or not eligible to pursue. To resolve these allegations, Chase agreed to cease all collection efforts on more than 528,000 consumers, including an estimated 7,000 Indiana consumers. The agreement also required Chase to significantly reform its credit card debt collection practices in areas of declarations, collections litigation, debt sales and debt buying.

More than 75 organizations participated in Operation Collection Protection, including the FTC, U.S. Consumer Financial Protection Bureau, Department of Justice, 48 state attorneys general and the District of Columbia, 17 state regulatory agencies, one Canadian provincial regulatory agency, and a number of local authorities.

The agencies who participated in this sweep will continue to work together to eliminate abusive and unlawful debt collection practices. This will include continued sharing of information and best practices, more joint actions, and more coordination of policy and enforcement efforts.

Zoeller thanked Deputy Attorneys General Tom Irons and Martha Showers for their work on these cases.

For consumer tips on debt collection, click here. For a list of all actions involved in Operation Collection Protection, click here. To view the FTC’s press release on Operation Collection Protection, click here.
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