Jennifer Nelson for www.theindianalawyer.com

On interlocutory appeal, the Indiana Court of Appeals affirmed that a joint defense agreement entered into by an attorney and the trust he helped to set up and for which he served as trustee did not bar the trust’s later lawsuit against him for claims arising from their business relationship.

Attorney David E. Price created the Charles Brown Charitable Remainder Unitrust Trust in 1995 and was named trustee in 2000. Six years later, the Department of Justice brought criminal charges against Brown and then Price alleging, among other claims, that they conspired to defraud the IRS, falsified tax returns and diverted trust funds for personal use.

In 2008, Brown and Price executed a joint defense agreement which allowed the two to share information which was privileged or confidential in nature without waiver of any applicable privilege or other protection against disclosure. While the criminal charges were pending, Price was removed as trustee and Brown and his wife sued Price, alleging breach of trust, theft, criminal conversion, deception, attorney malpractice and breach of fiduciary duty.

Price countersued for trust accounting and appointment of trustee, and the two cases were consolidated. In 2009, Brown terminated the JDA. The two were subsequently acquitted of all criminal charges.

Price sought summary judgment in David E. Price, Price & Associates, LLC, and Price & Collins, LLP v. Charles Brown Charitable Remainder Unitrust Trust, Charles Brown, and Charlotte Brown, 74A01-1409-TR-401, arguing that since the criminal charges were dropped and the JDA terminated, the trust’s claims against him cannot go forward because information and materials shared by the two pursuant to the JDA could not be separated from matters relevant to the prosecution of the civil claims. The trial court denied his motion.

The Court of Appeals noted that there isn’t an Indiana case dealing with JDAs in detail, so it looked to other jurisdictions for guidance. The judges affirmed the denial of Price’s motion, pointing out that Brown and Price did not explicitly waive their right to sue one another for alleged claims arising from their business relationships.

There is also nothing to show what evidence or communications are at issue or that the Browns or the trust could not prove their claims without disclosing communications that are privileged under the JDA, Senior Judge John Sharpnack wrote.

“Specific claims of privilege will need to be resolved as they are encountered in discovery or at trial,” Sharpnack wrote.

The COA denied the trust’s request for appellate attorney fees and remanded the matter for further proceedings.

TOMORROW, Secretary of Agriculture Tom Vilsack will join leaders of prominent health organizations to discuss the critical need for healthy school meal standards.

Dr. Robert M. Wah of the American Medical Association, Dr. Benard Dreyer of the American Academy of Pediatrics, and Dr. Eduardo Sanchez, Chief Medical Officer for Prevention at the American Heart Association, will discuss how the child obesity epidemic is having a severe impact on our nation’s health and contributing to higher healthcare costs. Healthier school meals are a key solution to providing America’s kids with access to nutritious food and helping them to learn and develop into healthy adults.

Congress passed the Healthy Hunger Free Kids Act with broad bipartisan support in 2010 to update school meal standards and help respond to America’s child obesity epidemic.

WHO: USDA Secretary of Agriculture Tom Vilsack
Dr. Robert M. Wah, President, American Medical Association
Dr. Benard Dreyer, President-Elect, American Academy of Pediatrics
Dr. Eduardo Sanchez, Chief Medical Officer for Prevention, American Heart Association

WHAT: Media call with leading medical experts to discuss the importance of healthy school meals.

WHEN: Wednesday, March 18, 2015, at 2:30 p.m. EDT

CALL-IN: 800-857-9832 and say the passcode: “3907691”
If you have trouble accessing the conference call, please call: 202-720-8560.

Eighth District Congressman Larry Bucshon, M.D., took to the House floor today to mark the 90^thanniversary of the “Great Tri-State Tornado” and urge Hoosiers to be proactive with disaster preparedness.

On March 18, 1925, “Great Tri-State Tornado” passed through Missouri and Illinois before hitting the Southwestern Indiana towns of Griffin, Owensville, and Princeton.  It’s known as the worst tornado in recorded U.S. history and set records for the number of deaths, distance traveled, and time on the ground. 

The transcript of Dr. Bucshon’s remarks is available below and video is available online here.

“90 years ago today, the deadliest tornado in U.S. history passed through the Southwestern Indiana towns of Griffin, Owensville, and Princeton, Indiana.

 “Named, “The Great Tri-State Tornado,” the deadly cyclone traveled 3 states and 219 miles over 3.5 hours causing 695 deaths,destroying family farms, and devastating cities.

 “This catastrophic event is an important reminder to Hoosier families: don’t wait to get prepared.

 “Make an emergency plan ahead of time and as we enter tornado season, take time to stay informed.

 “Hoosiers can access information on what to expect and how to prepare through the Department of Homeland Security at the federal level, Indiana DHS, the Red Cross, my office, and other organizations.

 “Don’t wait. Take the time to get prepared today.”

Congressman Larry Bucshon, a physician from Southern Indiana, is serving his third term in the U.S. House of Representatives. In the 114^thCongress, Bucshon will serve on the influential House Committee on Energy and Commerce.  The 8th District of Indiana includes all or parts of Clay, Crawford, Daviess, Dubois, Gibson, Greene, Knox, Martin, Owen, Parke, Perry, Pike, Posey, Spencer, Sullivan, Vanderburgh, Vermillion, Vigo, and Warrick counties.