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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
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Dace Stafford for www.theindianalawyer.com
The ex-president, CEO and chairman of South Bend Humvee maker AM General will have to go to court to seek cash compensation that the company instead paid in the form of a promissory note, the Indiana Court of Appeals ruled Friday.
James A. Armour retired three years ago, and his employment agreement included a provision that part of his compensation was long-term incentive payments in an amount redacted by the trial court. The promissory note given to Armour in December 2012 said the note was due and payable in December 2015.
After AM General sued seeking a declaratory judgment that the note didn’t breach its obligations to Armour under the contract, Armour prevailed on a counter-claim and won summary judgment in St. Joseph Superior Court.
The Court of Appeals reversed, though, and Judge Melissa May wrote for the majority joined by Judge Ezra Friedlander that summary judgment was improper. They said an affidavit from an AM General human resources officer saying the contract didn’t address how the long-term incentive payments were to be made created a “genuine issue of material fact, including whether the promissory note tendered to Mr. Armour met the criteria for when an assignable promissory note is the equivalent of cash.â€
Chief Judge Nancy Vaidik dissented and would have affirmed summary judgment in favor of Armour, writing that the affidavit didn’t create an issue of material fact. “This is because ‘payment’ has a specific meaning, and AM General’s Note to Armour does not qualify as a ‘payment.’â€
The case is AM General, LLC v. James A. Armour, 71A03-1402-PL-58.
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Making Sense by Michael Reagan
“What about the children?â€
Politicians of both parties often stoop to using our children as props whenever they’re fighting for a new law or pet government program.
They argue we need to cut the $18 trillion debt, regulate the Internet or pay teachers more “for our children.â€
“Think of the children†is almost always an emotional and irrational appeal made in desperation by those who don’t have a reasonable or legitimate argument.
Invoking “the children†is pure BS. It’s obvious political BS. But it’s BS that’s been used for a long time by Democrats and Republicans.
It became so common that it was satirized way back in the early 1990s in the “The Simpsons,†when the character Helen Lovejoy constantly shrieked “Think of the children†during town debates over everything from lowering taxes to what to do about too many bears roaming the streets.
Despite becoming a cultural joke, using “the children†as emotional weapons in political warfare still goes on all the time.
Every other lousy politician in Washington who wants to tax, subsidize or regulate something still claims he’s doing it “for the children†— whether it’s saving the planet from climate change, giving amnesty to illegal immigrants or intervening in Syria.
But when it comes to passing a piece of legislation that will actually do something to help hundreds of thousands of real children, it’s another story.
As part of the latest parliamentary maneuvering and cat-fighting between Democrats and Republicans, the passage of the Justice for Victims of Trafficking Act of 2015 has been delayed in the Senate.
Passed by the House, and having broad bipartisan support, the act would strike an important blow in the fight against human sex trafficking.
The act would create a fund to help authorities in the USA deter and combat sex trafficking, prosecute traffickers when they are caught and provide assistance to private groups that work to rescue and restore the lives of trafficking victims — most of whom are children.
We hear little about it, but human trafficking is a serious problem in the United States and around the globe. The U.S. State Department estimates there are 27 million victims of trafficking worldwide.
Human trafficking is a $32 billion industry involving more than 125 countries. The majority of victims are women and girls who are forcibly trafficked from one place to another to do work or provide sex, usually under horribly unsafe and unhygienic conditions.
The United States is not untouched by this crime against children. Experts say 17,500 people are trafficked into the U.S. each year and about 300,000 American children, particularly children in foster care, are continually at risk of being pulled into the hell of human trafficking.
According to the National Center for Missing and Exploited Children, the typical sex-trafficked child in the United States is 13 or 14 years old. The average pimp makes upwards of $200,000 a year from one of his four to eight children, who are forced to have sex 20 to 48 times a day.
Private organizations like the Polaris Project and Arrow Child and Family Ministries in Texas, which I’m affiliated with, are working hard to educate the public about the horrors of sex-trafficking and rescue as many young victims as they can.
But it’s a huge job and the public and private resources to do it are spread thin and hard to acquire.
With the Justice for Victims of Trafficking Act, Republicans and Democrats are in a great position to actually do something “for the children†instead of just talking about it.
For now the act has become another bargaining chip in Washington’s never-ending private poker game.
It will pass eventually. Even Congress gets it right once in a while. But it’s time for politicians to quit playing politics with the lives of our children.
——-
Copyright ©2015 Michael Reagan. Michael Reagan is the son of President Ronald Reagan, a political consultant, and the author of “The New Reagan Revolution†(St. Martin’s Press). He is the founder of the email service reagan.com and president of The Reagan Legacy Foundation. Visit his websites at www.reagan.com and www.michaelereagan.com. Send comments to Reagan@caglecartoons.com. Follow @reaganworld on Twitter.
Mike’s column is distributed exclusively by Cagle Cartoons newspaper syndicate. For info on using columns contact Sales at sales@cagle.com.
Funding brings new mobile dental clinic to southern Indiana
The St. Mary’s Health Foundation recently received $100,000 from the Delta Dental Foundation to purchase a new mobile dental clinic that will help increase access to care for underserved children in southern Indiana.
The new dentist office on wheels—expected to hit the road this fall—will provide children ages 1-18 with much needed oral health education and preventive and restorative dental care services including routine exams, cleanings, fluoride treatments, sealants, x-rays and extractions. The clinic will contain three dental operatory chairs and a panoramic x-ray machine allowing more children to receive dental services each day.
“We are extremely proud to provide funding to St. Mary’s Health Foundation for this project,†said Teri Battaglieri, director, Delta Dental Foundation. “With this new mobile dental clinic, we can help ensure more underserved children in southern Indiana receive the quality care they so desperately need to grow up healthy and avoid serious, painful and expensive health problems down the road.â€
The mobile clinic will travel to six Indiana counties including Vanderburgh, Warrick, Spencer, Posey, Gibson and Knox. The new clinic will provide dental services to up to 30 children per day and receive 6,000 patient visits per year.
“We are grateful to the Delta Dental Foundation for its $100,000 grant for our new mobile dental clinic,†said Eric Girten, St. Mary’s Health Mobile Dental Clinic Director. “The new clinic will allow us to expand our services and provide greater access to dental care and oral health education for children in southern Indiana. This dental clinic will be a high quality dental care home for thousands of children. We are excited to partner with the Delta Dental Foundation to help ensure that children in our community, regardless of their situation, receive the dental care they need.â€
About Delta Dental Foundation
The Delta Dental Foundation is a nonprofit, charitable organization established in 1980, which serves as the philanthropic arm of Delta Dental of Michigan, Ohio, Indiana and North Carolina. The Foundation’s goals are to support education and research for the advancement of dental science, and to promote the oral health of the public through education and service activities, particularly for those with special needs. For more information, visit www.deltadentalin.com.
The month of March is dedicated to bringing awareness and promoting independence, inclusion and integration of people who have disabilities in Indiana, known as Disability Awareness Month. The theme this year is “Love Where You Live†and in that spirit, I wanted to share with you how you can get involved.
Vanderburgh County is blessed to be home to the Arc of Evansville, a non-profit organization that supports individuals with disabilities and empowers them to gain independence, build relationships and achieve their full potential. Throughout March, they are hosting multiple events in our community, and I encourage you to attend an upcoming “Giveback Day†where a local restaurant will donate 10 percent of their sales to this organization, supporting those with disabilities.
For anyone hosting an upcoming event, you can invite a representative from the Arc of Evansville to discuss the role our community plays and how you can make a positive impact in the lives of those with disabilities. Other ways to get involved include organizing a charity event or donation drive to collect items like sweatpants, construction paper or glue sticks that really go a long way to support those with disabilities. There are countless ways to participate in Disability Awareness Month, and for additional resources or more information about “Giveback Days†or other ways you can get involved, please visit http://arcofevansville.org/march-is-disabilities-awareness-month/.
As a lawmaker and member of Ways and Means, I will continue to be an advocate for Hoosiers with disabilities. The House recently voted and passed the budget bill, and although this legislation has been sent to the Senate for further consideration, in our version of the budget, we increased the per pupil funding amount that schools receive to support students with severe or moderate disabilities. These grants allow students with disabilities more opportunities to succeed in the classroom.
While the budget is still up for discussion, another bill making its way through the legislative process is House Bill (HB) 1093. This legislation requires the State Department of Health to collect information that would be dispersed by health facilities and health care providers to parents who receive prenatal or postnatal test results for disabilities such as Down Syndrome. This bill would give expectant and current mothers updated resources and information regarding disabilities that could impact their child’s life.
Keeping parents informed about the condition of their child is key for them to prepare and receive proper care. Additionally, this legislation addresses the fact that only 10 percent of mothers who find out their child has been given debilitating prenatal diagnosis choose to continue their pregnancy. With access to better resources, parents have more opportunities and can be more aware of organizations that could provide additional support.
Working on legislation that benefits those with disabilities has been an honor. I hope members within our community will consider participating in one of the Arc of Evansville’s upcoming events or find another way to promote Disability Awareness Month. I know from personal experience you will feel blessed by participating.
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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
Holly’s House, a local child and adult victim advocacy center, has announced their 2015 Board of Directors. Elected Officers are: President, Kathy Boyd, Boyd Electric. LLC; 1st Vice President, Tim Huelsing, South Central Media; 2nd Vice President, Jonathan Boyd, Fifth Third Bank; Treasurer, Micah Prellwitz, Harding, Shymanski & Company; Secretary, Sacha Armstrong, Kiplinger & Gray, LLP; Past President, Jackie Russell, Old National Wealth Management. Board members are: Sarah Dauer, Shoe Carnival; Sarah Flamion, Exact Target; Amanda Gonterman, Vectren Corporation; Elissa Hewins, Federal Social Security Office; Mary MacCauley, Berkshire Hathaway Realty; William J. Millikan, M.D., St. Mary’s Medical Group, LLC; Katie Perkins, Edward Jones; Chris Pugh, Evansville Police Department; Sam Tanoos, Allstate Insurance Company; Mike Wingo, Toyota Motor Manufacturing of Indiana. Holly’s House President Emeritus and Co-Founders are Detective Brian Turpin, Sexual Violence Unit, Evansville Police Department, and Holly Dunn Pendleton, Motivational Speaker/Advocate and spokesperson for the organization.
The Holly’s House Board of Directors jointly governs the affairs of, and shares best practices with the organization.
Holly’s House is a non-residential victims’ advocacy center providing services for victims of child abuse, domestic violence and sexual assault in southwest Indiana. The mission of the organization is to empower victims of intimate crime and abuse by providing support, promoting justice and preventing violence. For more information, please visit www.hollyshouse.org.