Trials & Litigation
Retired Choose Posner should face swimsuit alleging he did not pay chief of his professional se heart
Choose Richard Posner, a retired decide on the seventh U.S. Circuit Court docket of Appeals at Chicago, should face a lawsuit alleging that he by no means paid a promised $120,000 annual wage to an worker who co-led a professional se heart. Picture by chensiyuan, CC-BY-SA-4.0,3.0,2.5,2.0,1.0, through Wikimedia Commons.
Former federal appeals Choose Richard Posner should face a lawsuit alleging that he by no means paid a promised $120,000 annual wage to an worker who co-led a professional se heart for almost a yr and a half.
U.S. District Choose Theresa L. Springmann of the Northern District of Indiana partly dominated for the plaintiff, Brian Vukadinovich, in a Sept. 25 decision, report Reuters and Law360.
Vukadinovich is searching for $170,000 for work that he carried out earlier than the Posner Heart of Justice for Professional Se’s closed in July 2019.
Vukadinovich filed his professional se swimsuit towards Posner in Could 2022.
Posner, a former decide on the seventh U.S. Circuit Court docket of Appeals at Chicago, should face claims for breach of contract and unjust enrichment, Springmann mentioned.
Springmann dismissed Vukadinovich’s fraud declare. However she mentioned Vukadinovich might file an amended criticism with new allegations about experiencing emotional misery due to the barrage of questions that he obtained when the middle closed.
Legal professionals for Posner had argued that the case must be tossed as a result of it was filed too late. In addition they mentioned any contract was between Vukadinovich and the professional se heart.
Springmann mentioned extra data is required concerning the statute of limitations protection. She additionally mentioned Vukadinovich had plausibly alleged that Posner personally assured the wage in a March 2018 oral contract.
Vukadinovich had alleged that Posner orally agreed to pay him his $120,000 annual wage in a lump sum after not less than a yr. He then sought cost in a February 2022 demand letter.
Posners’ attorneys have additionally mentioned he didn’t have the authorized capability to enter into an oral contract with Vukadinovich as a result of he has Alzheimer’s illness. That was not a spotlight, nonetheless, of their movement to dismiss for failure to state a declare, in accordance with Reuters.
Posner obtained an Alzheimer’s analysis about six months after his September 2017 retirement from the bench, one among his attorneys has mentioned.
