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Court of Appeals Upholds Denial Of Request To Set Aside 1997 Divorce Decree

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first_imgCourt Of Appeals Upholds Denial Of Request To Set Aside 1997 Divorce Decree Olivia Covington for www.theindianalawyer.comThe denial of a woman’s request to set aside her divorce decree nearly 20 years after the end of her marriage because of fraud on the part of her ex-husband has been upheld by the Indiana Court of Appeals.In the case of Julie R. Waterfield v. Richard D. Waterfield, 92A03-1511-PL-1968, Julie Waterfield petitioned the Whitley Superior Court to re-open her divorce settlement agreement – which was entered into in 1997 – after coming to the conclusion that he ex-husband committed fraud and forced her into an agreement that was more than $80 million less than what she was entitled to.In May 1997, Julie Waterfield filed for divorce and agreed to a settlement of $20 million, including almost $19.5 million in cash and a lake cottage on Clear Lake near Fremont in December of the same year.While negotiating the settlement, Richard Waterfield produced a disclosure statement listing the property that was part of their marital estate. Julie Waterfield’s attorneys advised her against settling until they conducted a detailed discovery into the estate her ex-husband had presented.Julie Waterfield ignored that advice and chose to settle without the discovery, but one month later told her attorneys that she regretted that decision.In July 2003, nearly six years after entering into the settlement agreement, Julie Waterfield filed a complaint against her ex-husband and accused him of intentionally undervaluing or excluding assets in his list of the marital estate and committing fraud valued at $80 million. Richard Waterfield filed a counterclaim, citing abuse of process and requesting statutory attorney fees.The trial court entered into partial summary judgment against Julie Waterfield’s claims of undervaluing in 2006 and full summary judgment against all of her claims in 2009.Julie Waterfield then moved for summary judgment against both of her ex-husband’s claims in 2012, but that motion was denied in 2013.The following year, she requested access to documents related to Richard Waterfield’s attorney fees claims, which prompted him to serve her with a discovery request to access her divorce attorney’s files. Richard Waterfield said those files contained information that could be used to refute her fraud allegation by showing how much knowledge she had of the marital estate and the process of discovery and settlement. Julie Waterfield fought her ex-husband’s discovery request, saying it violated attorney-client privileges.Julie Waterfield failed to comply with the discovery request in 2014, saying in 2015 that her attorney had been too sick to gather the documents. As a result of her lack of cooperation, the trial court awarded default judgment as a discovery sanction to Richard Waterfield.The Whitley Superior Court also awarded Richard Waterfield $842,021 in attorney fees in October 2015.In its response to her appeal, the Indiana Court of Appeals wrote that although Julie Waterfield contended that she relied solely on Richard Waterfield’s representations when making the decision to enter into the settlement, and that she had no reason to ask for an independent evaluation of the value of the marital estate, she could not hide behind attorney-client privilege to keep her ex-husband from accessing documents that would contradict her testimony.Further, when the communications between Julie Waterfield and her attorney were disclosed, they showed that she was advised at least three different times not to enter into the settlement without doing a detailed discovery. Julie Waterfield signed three different letters acknowledging her attorney’s advice, but still chose to enter the settlement.By signing these documents, the appellate court wrote that Julie Waterfield surrendered her right to claim she relied on misinformation from her ex-husband when entering into the settlement to support her fraud allegation.Julie Waterfield also appealed the court’s decision to deny her motion for summary judgment against her ex-husband’s claims of abuse of process. However, the Court of Appeals wrote that the timing of her decision to file suit against her ex-husband – in 2003, shortly after he remarried in 2002 – indicates that she entered into the legal process for a purpose other than what it is intended for.Further, the appellate court wrote that Julie Waterfield’s new counsel failed to review the communications between his client and her previous counsel. Had he done so, he would have learned of her previous attorney’s advice not to enter into the settlement without a discovery, which could have prevented her lawsuit against her ex-husband.“Accordingly, we cannot say that Julie used the legal process to accomplish an outcome which the process was designed to accomplish,” the Court of Appeals wrote in its Friday opinion.Julie Waterfield also appealed the default judgment as a sanction against her. While the appellate court wrote that it sympathized her with attorney’s illness, it also wrote that the illness did not strike until more than a month after the discovery request.Finally, Julie Waterfield appealed the decision to award her ex-husband attorney fees. But because her new attorney prolonged the litigation process by failing to research her communications with her previous attorney and ignoring the court’s discovery orders, the Court of Appeals said Richard Waterfield was entitled to an attorney fee award.FacebookTwitterCopy LinkEmailSharelast_img read more

Reporting in Ingredients need to pay their way

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first_imgPaul Catterall, Training and bakery manager, Campden BRI’Twas the night before Christmas… Is it really next week? It sneaks up on us all every year. We seem to have plenty of time in November and then, before you know it, it’s staring us straight in the face.Of course, we in the baking industry are not surprised by this; it’s such a busy time that we have to plan well ahead. Everyone knows that for long-life products such as Christmas cakes and puddings, we start back in the spring. Other products we can actually freeze until nearer the time. This leads me neatly into one of my pet themes understanding raw materials and what they do. Now this can work in two directions: we have come across clients with products that have far too many ingredients, probably all put in for some reason that has long ago been forgotten. The record is 22 in a single cake recipe and this was whittled down to just 12 while maintaining the quality. On the other hand, we have also had customers that have taken out or changed an ingredient maybe due to cost or to clean up the ingredients label only to find a few weeks down the road that the product has a shorter shelf-life. Every ingredient in a recipe has to pay for itself. So, do you know what all the ingredients in your products are doing?In the past, this column has talked about the need for good bakery training and the National Skills Academy has been trialling what is hoped to be the first of a series of courses aimed at improving the technical knowledge and skills of the industry. More about this next year. Until then, I wish you all a very Happy Christmas and a prosperous New Year.last_img read more

Dozen Dutch schemes facing rights cuts next year, says DNB

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first_imgPension funds with an actual funding of approximately 90% are unlikely to avoid rights cuts, according to the DNB, as they will not be able to recover to the required level – between 110% and 125%, depending on a scheme’s asset allocation – without cuts over the next ten years.With a policy funding ratio of 95% and a topical funding ratio of 88.9% at the end of March, the €172bn healthcare scheme PFZW is the largest pension fund facing a rights cut.Agrarische en Voedselvoorzieningshandel, the industry-wide scheme for the agricultural workers, and Tandtechniek, the pension fund for dental technicians, reported a policy funding ratio of 92.8% and 87.5%, respectively.Underfunded company schemes on DNB’s list include the pension funds of the automobile association ANWB (94.6%), brewery company Bavaria (93.9%), IT firm CapGemini (94%), charcoal manufacturer Norit (91.9%) and the scheme for employees of pensions provider MN (95%).The pension fund for midwives, with a policy funding ratio of 90%, had already indicated that it might even have to apply rights cuts this year.Many pension funds are preparing their beneficiaries for possible rights cuts.‘Gloomy’ outlookThe industry-wide scheme for the agricultural and food trade said that cuts may be needed next year if interest rates remained low, describing the prospects as “gloomy” in a newsletter for beneficiaries.Decreasing long-term interest rates, combined with declining equity markets, have recently caused day-to-day funding to drop 3 percentage points, reaching an average of 95% in June, according to Mercer.It said that the 30-year swap rate – the main criterion for pension funds’ discounting liabilities – had decreased 16 basis points to this year’s lowest level of 0.94% during the first two weeks of June.The consultancy also noted that the MSCI World Index had fallen 2% during the same period.Dennis van Ek, actuary at Mercer, said that funding would have dropped by up to 4 percentage points at pension funds with a low level of interest rate hedging in June.Schemes with a significant level of interest rate hedging, however, saw their funding decline by approximately 2 percentage points.At May-end, Mercer estimated the average pension fund’s coverage ratio stood at 98%. Aon Hewitt, which uses a slightly different calculation method, said funding was 97% on average at the end of last month.Mercer’s van Ek said that the market expected that, in case of a Brexit, the ECB would step up purchasing government bonds and further decrease short-term interest rates.The actuary added he was not yet able to indicate how much the ECB’s corporate bond purchasing programme had affected the decline of interest rates, but added that the market seemed to not to have fully priced in the effect yet.Last week, the ECB started to buy corporate bonds as part of its monthly €80bn purchasing programme. Twelve Dutch pension funds are likely to cut pension rights next year, based on their current policy funding ratio, according to regulator De Nederlandsche Bank (DNB).DNB said that the number of schemes with a policy funding ratio of 95% or less had doubled during the first quarter of the year. The policy funding ratio is the average of the day-to-day coverage during the past twelve months.The topical funding ratio, the scheme’s actual funding ratio, is usually several percentage points below the policy funding ratio.Separately, Mercer predicted that funding levels were unlikely to improve over the short-term, with recent weeks seeing a renewed decline in funding ratios after modest improvements.last_img read more

Men’s hockey: Wisconsin heads to Massachusetts for thrilling non-conference lineup

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first_imgAn exciting and challenging weekend awaits the University of Wisconsin men’s hockey team as they head out east to take on Boston College and Merrimack.The Badgers are off to an exciting start this season, managing to earn a 2-1-0 record thus far this season, but what is perhaps one of their biggest challenges this season still lies ahead of them. This weekend will not only be about showing how great Wisconsin hockey is, but also showcasing the major differences between East coast and West coast hockey, as three powerful teams hit the ice to determine which coast truly has the best hockey.Men’s hockey: Intense weekend ends in draw for Badgers and BuckeyesIt was a strange weekend for the Wisconsin men’s hockey team as they earned their first win and their first Read…Wisconsin, the representative for West coast hockey, certainly has a lot to show this weekend as they enter Massachusetts currently ranked No.10 in the nation. Their first opponent of the weekend, Boston College, is currently ranked No.13 and is looking to move into the top ten in the NCAA.While it might sound like Wisconsin has the slightest of edges this weekend, there are many things that actually favor Boston College this weekend. While the Eagles might be at No.13 this week, Boston is managing to hold on to this ranking despite only having a 0-0-1 record so far this season.Wisconsin has been having a hard time moving up in the rankings, despite the fact they have a better record than six of the teams that are higher than them in the NCAA rankings. One reason for this is the fact many critics of Wisconsin hockey were not impressed with the fact the Badgers only managed to pull out one win against Ohio State this past weekend.The Badgers have a lot to prove this weekend if they want to move up in the polls, and the first step to do that is going to be to have a good game against Boston College. After that, Wisconsin will come head to head with Merrimack, who is struggling this season and has yet to earn their first win of the season.What to expect from Men’s hockey this seasonThe 2016-’17 season was a huge success after Tony Granato resurrected the team to a winning season finishing with 12 Read…If Wisconsin can head out East and make some waves, there is no doubt it will be harder for critiques to keep overlooking this team. First thing is first, the Badgers need to defeat Boston College.Fans who want to watch the game can head over to ESPN3 Friday night at 6 p.m.last_img read more

Enefer stages last round charge in Germany

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first_img7 Jun 2015 Enefer stages last round charge in Germany England’s Will Enefer staged a last round charge in the German boys’ and girls’ open at St Leon Rot and snatched the runners-up spot with a closing score of five-under par 67. The 17-year-old from Wrekin in Shropshire finished the 54-hole event on eight-under par and two shots behind the boys’ champion, Thomas Roenmueller of Germany. Enefer’s finish kept him one shot ahead of the two players who shared third place. They included Denmark’s John Axelsen – the English U16 boys’ open champion – who also shot 67 in the final round. Enefer was in the mix throughout the championship. He opened with three-under 69 and was one shot off the lead; then a level par second round saw him drop to fourth place and five shots back. But in the final round he chased the leader hard and got to within one shot of him before taking his only bogey of the day on the 15th. England’s teams also came second to Germany in both the boys’ and girls’ Nations Cup events. The boys’ team was Enefer with Toby Briggs of Dunston Hall, Norfolk, and Harry Hall of West Cornwall. The girls’ team was Sophie Lamb of Clitheroe, Lancashire; Hollie Muse of West Lancashire, and Lizzie Prior of Burhill, Surrey. Muse, 15, led the way for England in the girls’ event, holding the lead after two rounds and eventually finishing in seventh place on three-under par. The championship was played in very warm weather, particularly on the first day when the temperature reached 42 degrees. One of the England boys had to spend an hour in the first aid tent after play, despite having drunk 12 bottles of water and four bottles of apple juice during his round. The coolest temperature during the championship was 34 degrees. Caption: The England boys’ team, from left, Harry Hall, Will Enefer and Toby Briggs. Click here for full scoreslast_img read more

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