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Attorney did not breach any duty owed to Conour clients

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Jennifer Nelson for www.theindianalawyer.com

An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.

Jim and Diana Love hired Conour Law firm in August 2008 to represent them in a personal injury lawsuit. Timothy Devereux worked at the law firm and joined Conour on the case. In December 2011, Devereux left the law firm amid concerns that Conour wasn’t timely paying expenses and expert witness fees. At that time, he had no suspicion or knowledge, according to the opinion, that Conour was settling cases without clients’ knowledge and keeping their settlement funds.

When Devereux left, the Loves elected to remain with the Conour firm instead of following Devereux to Ladendorf & Ladendorf. He believed he had been removed from the Loves’ case but later learned he was still listed as an attorney on their matter in April 2012.

The opinion notes that when Devereux left the Conour firm, he also contacted the Indiana Supreme Court Disciplinary Commission with his concerns about timely paying expenses and expert witness fees. The next month, Devereux was contacted by the FBI regarding an investigation that Conour was not properly funding annuities for clients.

After the Loves discovered that Conour had settled their case for $120,000 in February 2012 without their knowledge or consent, they filed a complaint against Devereux that he had a duty to inform them that Conour “was in serious ethical and criminal predicaments and that the Loves were in peril of being victimized.”

Both parties filed for summary judgment, which the trial court denied. On interlocutory appeal in Timothy Devereux v. Jim and Diana Love, 49A02-1404-CT-260, the Indiana Court of Appeals reversed and ordered summary judgment entered in favor of Devereux.

“As is set forth above, the instant matter involves deceit and theft of client funds by Conour, who, at the time, was a highly-respected member of the Indiana legal profession. Hindsight proves that Conour was not worthy of this high level of respect but, rather, was a thief who violated the trust and confidences that numerous clients, including the Loves, had placed in him. In reviewing the claims of legal malpractice set forth herein against Devereux, however, we must not view the matter through the lens of hindsight, but rather must look to what Devereux knew at the time he is alleged to have committed legal malpractice by failing to warn the Loves of Conour’s potential wrongdoing,” Judge Cale Bradford wrote.

“Devereux acknowledges that he had a duty to exercise ordinary skill and knowledge in relation to his representation of the Loves while serving as one of their counsel of record. Devereux contends, however, that his decision not to discuss his concerns regarding Conour with the Loves did not amount to a breach of this duty. We agree.”

The judges agreed that it would not have been appropriate for him to share his concerns regarding Conour with the Loves at the time he ended his employment with the firm.  And the designated evidence supports his assertion that he did not have any specific knowledge of any wrongdoing by Conour relating to the Loves or that Conour was mishandling any active cases.

Daily Topic Forum April 23, 2015

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ENJOY YOUR NEW “OFF TOPIC FORUM” AS OF APRIL 23, 2015

For the last couple of month we have been watching our bloggers getting off topic. Sometime the posters got real personal and insulting. With much thought and planning we have decided to add a new section to the CCO so you can go off topic long as you want. The name of this new section is called “OFF TOPIC FORUM.”  We placed this new section in the upper right hand corner.  This site is ready for you to post your off messages on a daily basis.

Attached is the new CCO posting rules for your review and compliance.

CITY COUNTY OBSERVER New Posting Rules And Guidelines As Of April, 23, 2015

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, threatening, abusive, or hateful.  Comments should further the discussion on a given subject or article and not veer off topic unless your posting on the “OFF TOPIC FORUM.”   We reserve the right to remove comments posted for sock puppeting purposes, where a user creates another persona to comment on their own previous comment.

You are legally responsible for what you post. Your anonymity is not guaranteed on this site. City County Observer will not share your private information with anyone unless you expressly instruct us to do so or we are required by law to do so.  We do not sell, rent, or give your information to any other company.

No solicitations are allowed. Links to other informational websites may be deleted if they are off topic or violate the substantive provisions of this policy.

City County Observer has created this privacy statement in order to better allow for the exchange and dialogue of ideas in promoting better public policy.  At the same time, we have a strong commitment to privacy.

PLEASE TAKE TIME TO READ OUR READERS POLL QUESTION AND CAST YOUR VOTE ACCORDINGLY. ALSO PLEASE TAKE TIME TO READ TODAYS FEATURE ARTICLE POSTED ON THE UPPER LEFT HAND PAGE.

UE Engineering Students Invite Public to Fast Friday

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The University of Evansville is hosting its second annual Fast Friday on April 24, from 1:00-5:30 pm, with engineering projects on display on the East Terrace lawn next to Ridgway University Center. This event is free and open to the public.

Everyone is encouraged to stop by and view the projects on display, which include the Formula car, Baja Buggy, Firefighting Robots, Steel Bridge, Concrete Canoe, and much more. Engineering students will be on site to explain the projects and answer questions. Tours will also be offered of the College of Engineering and Computer Science.

For more information, please call 812-488-2236 or 812-661-0125.

IS IT TRUE April 23, 2015

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IS IT TRUE at last night’s Republican Lincoln Day Dinner, Republican Chairman Wayne Parke initially turned guest Cheryl Musgrave away at the door? …Chairman Parke told Musgrave he wanted her to leave and didn’t believe her to be a good enough Republican to be at an event with a light turnout, Musgrave questioned Parke as to the definition of a good Republican?….Parke was unable to specifically site an issue with Ms. Musgrave’s beliefs and ultimately relented in his bullying?  …Musgrave was directed back to the table to buy a ticket after Parke made a scene and then backed down?  …in a contest as to who is the better Republican, we would vote for Musgrave? …with allegiance to true fiscal conservatism, Musgrave easily wins? …with Winnecke’s overspending and Parke endorsing Mosby and Weaver, we suggest Parke reevaluate what it means to be a “True Republican”?

IS IT TRUE City Councilwoman Stephanie Brinkerhoff-Riley filmed Tri-State Voices last night to discuss the City’s finances? …Brinkerhoff-Riley brought graphs demonstrating the drop in the starting balances of the General Fund from 2012 ($4.4 million) to 2015 ($307,000)? …the Councilwoman also showed the drop in the Parks Fund starting balances for the same time period ($3.3 million to -$355,000)? …what was also alarming was the City’s debt for the end of 2012 ($395 million) compared to the end of 2014 ($515 million)? …the discussion was informative and included insight into the relationship between City Council and the Mayor’s office? …the show will air this Sunday at 11:30 am? …Tri-State Voices is a local cable television show hosted by well-known Democrat Mark Owen and Republican Cheryl Musgrave?  …the program runs every Sunday at 11:30 AM on WTSN WOW! 105, TWC 3- 14- 186, and over the air on 20.1?  The show can also be viewed on the Tri-State Voices Facebook page and YouTube channel and also on city-countyobserver.com.?

IS IT TRUE in coming out of his political coma, Democratic Chairman Rob Faulkner has fired off three press releases criticizing the Winnecke Administration in the last two weeks?  …Faulkner went after Winnecke for failing to fight the Religious Freedom Restoration Act, the repeal of the Common Construction Wage and most recently his inability to get full funding for the IU Medical Center? …the latest press release demands that Brian Bosma, while in town for the Republican Lincoln Day Dinner, and Winnecke explain their lack of support for full funding to the public? …Faulkner, who became Chairman of the Democrats in 2013, has been hibernating for nearly two years? …we’re not sure when the spell of alertness will wear off, but welcome to current political events Mr. Faulkner? …it should be fun while it lasts?

IS IT TRUE the amendment designed by Holli Sullivan, Cheryl Musgrave and Gail Riecken in a bipartisan effort is in trouble in the Senate? …the amendment would allow local government to deny permit applications to entities who owe property taxes on the relevant property or any other property? …Representatives Sullivan and Riecken have both reported that Brian Bosma is being pressured by realtors, developers and bankers to kill the measure? …with speculative investing, properties are often bought at tax sale unseen …if a buyer doesn’t see a profit, they can simply let the property go back to the County by not paying the taxes? …the process of giving a property back takes about 18 months, and this common practice results in millions of dollars in property taxes going uncollected each year? …realtors, developers and bankers don’t want to have to take responsibility for their speculative investing and think the County government should foot the bill for their mistakes? …it seems to us that there is no real policy issue with holding people to paying taxes on property they own? …it will interesting to see if special interests win out over the tax payers in this fight for accountability?

IS IT TRUE we hearing that that House Speaker Brian Bosma is considering  either a run for Governor or the US Senate?  …we hope not?

IS IT TRUE we are stunned that 2nd Ward candidate Steve Davis defeated Missy Mosby 125 to 30 margin in our recent Readers Poll?  …Mr. Davis garnered 81%  cast in our Readers Poll?  …our Readers Poll isn’t considered to be a scientific  but it is trendy?

PLEASE TAKE TIME TO READ OUR READERS POLL QUESTION AND CAST YOUR VOTE ACCORDINGLY.  ALSO PLEASE TAKE TIME TO READ TODAYS FEATURE ARTICLE POSTED ON THE UPPER LEFT HAND PAGE.  ALSO YOU MAY NOW GO TO OUR NEW SECTION CALLED “DAILY TOPIC FORUM” AND POST ANYTHING YOU FEEL THAT NEEDS TO BE DISCUSSED.

Democratic Party Chairman Calls On Bosma And Winnecke To Explain Lack Of Support For Full IU Medical Center Funding

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Vanderburgh County Democratic Party Chairman Rob Faulkner today urged House Speaker Brian Bosma and Evansville Mayor Lloyd Winnecke to explain their support for the smaller, more limited version of the proposed IU Medical Center when Bosma is in the city for a Republican Party fund-raising event tonight.

“The two Republican leaders owe it to the citizens of Evansville, as well as the state, to explain why we should settle for a medical center, rather than a cutting-edge, state-of-the-art facility that will revolutionize the way medical sciences professionals are trained in the future,” Faulkner said. “We deserve to hear it from them, in person, in a public forum. We shouldn’t have to buy a ticket to a Republican event to get an understanding of their logic on this very important issue.”

The City of Evansville has committed over $57 million to the project, which as originally proposed has a total cost of over $100 million for the creation of a medical and research center. The bond level was left at $36 million in the House version of the budget, while the Senate budget set the bond level at $25 million. A conference committee is now working to find common ground on a budget.

The plan for the more expansive project would allow for participation by Ivy Tech Community College, University of Southern Indiana and University of Evansville along with IU. Ivy Tech and USI would not be included in the more limited version of the plan.

“This is a once-in-a-lifetime opportunity, over which Republican leadership in Indianapolis and Evansville have control,” Faulkner continued. “They need to tell us why we should settle. Why the smaller project is being described as practical.”

Bosma is advertised as the featured speaker for the GOP event in Evansville.

Vanderburgh County Recent Booking Records

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

http://www.vanderburghsheriff.com/recent-booking-records.aspx

EPD Activity Report

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

City Councilwoman Brinkerhoff-Riley Discusses City Finances

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Evansville City Councilwoman Stephanie Brinkerhoff-Riley will appear on CCO and WOODS and WOODS Tri-State Voices TV Show this Sunday to discuss the City of Evansville’s finances. Embattled Mayor Winnecke recently stated through his social media campaign account on Facebook that he was a “Great Mayor who has had to deal with a barrage of false attacks from those trying to distort the record on city finances.”

Coucilwoman Brinkerhoff-Riley took issue with the Mayor’s campaign statement and released with this statement three (3) graphs related to City finances that pull numbers from the City Controller’s Annual Reports for 2012, 2013 and 2014. The first two demonstrate the declining balances in the City’s general operating account and its parks and recreation fund. Both graphs show an alarming loss of operating capital. The third graph tracks the City’s overall borrowing and demonstrates the debt taken on by the current administration.

“The City is at approximately $515 million dollars in bonded debt, and with the potential of another $80 million in borrowing this year for the medical center, hotel and North Main streetscape, the debt divided per citizen is $5,000 each,” stated Brinkerhoff-Riley.

Brinkerhoff-Riley went on to say, “With the likelihood that the City will have to borrow at least $600 million for water and sewer infrastructure, we need all the cash reserves we can generate to offset our borrowing. Residents cannot afford to foot the bill for these projects solely by increasing the utility rates. We already have the highest electric rates in the region. Adding the highest water/sewer rates will cripple our ability to facilitate economic growth.”

“With deficit spending on an annual basis now the norm, we are heading in the wrong direction. The City’s financial problems are real, and no problem was ever solved by ignoring it. Our residents demand affordable housing, clean neighborhoods, smooth streets and accessible sidewalks. It’s time to focus on needs versus wants and create a spending plan that gets us back on track” added the Third Ward City councilwoman.

Tri-State Voices is a local cable television show hosted by well-known Democrat Mark Owen and Republican Cheryl Musgrave. The program runs every Sunday at 11:30 AM on WTSN

WOW! 105, TWC 3- 14- 186, and over the air on 20.1. The show can also be viewed on the Tri-State Voices Facebook page and YouTube channel and also on city-countyobserver.com.

 

 

 

 

McGary to Celebrate Arbor Day

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McGary Middle School will celebrate Arbor Day a couple of days early this year.  Jennifer Ruff, eighth grade science teacher, and her students at McGary will plant five trees with help of a local arborist and Keep Evansville Beautiful. The trees were donated from Keep Evansville Beautiful and are all native Indiana trees.

 

A local arborist has already worked with the school to identify the best planting locations and will be back tomorrow to help them plant and dedicate the trees.

ST. MARY’S HEALTH FOUNDATION’S 35th ANNUAL HERITAGE OPEN SET FOR MONDAY, JUNE 8TH

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The St. Mary’s Health Foundation will host its 35th Annual Heritage Open golf scramble on Monday, June 8th, 2015 at the Evansville Country Club.  The net proceeds will allow the St. Mary’s Center for Children to expand its behavioral health services for children in the Evansville and Tri-State communities, with special emphasis on underserved and uninsured children and families.

The St. Mary’s Center for Children is the only local child psychology service in the region and treats children for Autism Spectrum Disorder, Weight Management & Eating Disorders, Behavior Problems, G.I. Disorders and Feeding Disorders in our Pediatric Feeding Clinic – one of only three of its kind in the entire nation.

Paul Wallace, Partner at Jones Wallace, and Phil Raben, Owner of Raben Tire Company, are co-chairing this year’s event.

The day will begin with a continental breakfast at 6:30 a.m.  Morning golfers will tee off at 7:00 a.m.  Lunch will be served at 11:00 a.m. and afternoon golfers will hit the links at 12:15 p.m.  The event concludes with a memorable evening of cocktails, delicious dinner stations and the awards presentation at 6:00 p.m.

Tee times and sponsorship opportunities are available.  To book your foursome and/or to sponsor this year’s Heritage Open, please contact Brooke Wagner, St. Mary’s Health Foundation Development Coordinator, at 812.485.5850 or brooke.wagner@stmarys.org.  You can also visit www.stmarys.org/foundation.

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