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Monday, October 26, 2015

Ind. Decisions - Transfer list for week ending October 23, 2015

Here is the Clerk's transfer list for the week ending Friday, October 23, 2015. It is two pages (and 24 cases) long.

Three transfers were granted last week:

Finally, there was one case last week where transfer was denied by a 3-2 vote: Timothy Devereux v. Jim Love, et al., Transfer Denied 10/22/15 - All Justices concur, except Rush, C.J., and Rucker, J., who vote to grant the petition to transfer. Here is J.Bradford's summary from his April 22nd COA opinion:
One of the blocks of the foundation of America is an individual’s ability to seek to right a wrong through the courts of justice. In a civil case, a plaintiff entrusts his plight and cause to his attorney. The instant matter involves the disturbing tale of a husband and wife whose confidence and trust was betrayed by the very attorney to which they had entrusted their cause of action. The just and normal inclination in such a matter is to punish the wrongdoer and make the victims whole. While William Conour, i.e., the wrongdoer, has been punished and now occupies his appropriate place in federal prison, to date, it appears that these victims have not been made whole for the misdeeds inflicted upon them.

In an attempt to redress this wrong, Appellees/Cross-Appellants/Plaintiffs Jim and Diana Love (collectively, the “Loves”) now seek relief from Appellant/Cross-Appellee/Defendant Timothy Devereux, a former member of Conour’s law practice. However, in light of the facts of this particular case, we find that Devereux satisfied his legal duty to the Loves based on his lack of knowledge of any specific wrongdoing by Conour relating to the Loves. We therefore reverse the judgment of the trial court in this regard and remand the matter to the trial court with instructions that the trial court grant summary judgment in favor of Devereux.

Posted by Marcia Oddi on October 26, 2015 12:55 PM
Posted to Indiana Transfer Lists