Doug Costello, et al. vs. Gersh Zavodnik

Indiana Court of Appeals

Case Number: 49A04-1504-PL-163

Zavodnik sued our client, Mr. Costello, and obtained a judgment for $30,044.07 for a printer which sold for less than $75.00. It its May 23, 2016 opinion, the Court of Appeals found that Zavodnik abused the Trial Rules and that he has a history of doing so. The Court of Appeals reversed the judgment and ordered the Trial Court to hold a hearing to determine whether Zavodnik’s lawsuit should be dismissed for “Zavodnik’s repeated, flagrant, and continuing failure to comply with Indiana’s rules of procedure.”

The entire opinion can be viewed here.  

Click here to read the national article from the USA Today Click here to read an article appearing in the Indianapolis Star. 

Part Two of the Indianapolis Star’s story can be viewed hereGuerra, Kristine. “A $40 printer, $30,000.00 lawsuit and the Constitution.” Indianapolis Star.  June 24, 2015 (online edition).

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Gersh Zavodnik vs. Irene Harper

Indiana Supreme Court

Case Number: 49A04-1307-PL-316

(Published Opinion Denying Transfer)

Evans, Tim. “Enough’s enough, Indiana Supreme Court tells prolific filer of lawsuits.” The Indianapolis Star. 1 October 2014.  Read the story here.  See previous story from the Indianapolis Star here. The Indiana Supreme Court describes Gersh Zavodnik as “a prolific, abusive litigant.” According to Indiana’s high court, Mr. Zavodnik is a party in 123 cases in Indiana. Attorney Chad D. Wuertz represented Ms. Harper in getting Mr. Zavodnik’s case against her dismissed in the Trial Court as well as at the Indiana Court of Appeals. The Supreme Court has now brought final closure for Ms. Harper. Read the Supreme Court’s full opinion here.  Attorney Wuertz in 2012 teamed up with Attorney Joseph W. Eke at the Indiana Court of Appeals where the dismissal of twenty-four (24) of Mr. Zavodnik’s cases was upheld in a consolidated appeal. Read the Indiana Court of Appeal’s unpublished opinion here.

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Mitchell vs. Sheriff David Galloway, et al.

United States District Court, Southern District of Indiana

Case Number: 1:14-cv-01500-JMS-TAB

Attorneys Chad D. Wuertz and Donald B. Kite, Sr. have filed suit in the United States District Court for the Southern District of Indiana on behalf of a client alleging physical abuse at the hands of correctional officers with the Hendricks County Jail. Video surveillance appears to show a jail supervisor striking the client several times while he was handcuffed behind his back. This case was filed September 15, 2014  and was settled on favorable terms in October, 2014.

http://www.wthr.com/video?clipId=10615626&autostart=true

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Spellman vs. Sue Anne Misiniec, Johnson County Clerk

United States District Court, Southern District of Indiana

Case Number: 1:13-cv-1488-JMS-MJD

Attorney Chad D. Wuertz filed suit on behalf of a client alleging that the Clerk failed to remove a dismissed protective order from the Protective Order Registry, which resulted in the client’s wrongful arrest. The parties reached a favorable settlement in this matter.

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The Estate of John Bigelow vs. Richard M. Carr, M.D., et al.

United States District Court, Southern District of Indiana

Case Number: 1:10-cv-00599-JMS-MJD

Attorneys Chad D. Wuertz and Donald B. Kite, Sr. brought suit on behalf of the estate of a deceased inmate confined to the Indiana Department of Correction. The suit alleged that the private medical contractor for the DOC failed to diagnose and treat a type of cancer with a normally high rate of recovery. The inmate died from the cancer. The parties reached a favorable settlement in this matter.

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Ronald Sandlin, on behalf of himself and all others similarly situated vs.

JK Harris & Company, LLC

Marion County Superior Court

Cause Number: 49D06-0908-CT-038696

Attorneys Chad D. Wuertz, Zachary T. Rosenbarger, and Donald B. Kite, Sr. brought a class action lawsuit on behalf of a client against a nationally known tax representation company. The lawsuit alleged that JK Harris made promises to numerous Indiana consumers that it knew or should have known it couldn’t keep. Specifically, the firm advertised and represented that it could substantially reduce tax liability but often failed to obtain the relief promised. After JK Harris ignored several court orders, the Indiana Trial Court ordered its Indiana assets frozen. JK Harris was also found in default after it failed to respond to the lawsuit. Click here to watch the story which aired on WRTV News.

JK Harris appealed and the Indiana Court of Appeals held oral arguments and decided in favor of Mr. Sandlin. Oral arguments were held before the Indiana Court of Appeals at Indianapolis on January 10, 2011.  Click here to read the Indiana Court of Appeal’s Opinion.Click here to download the podcast of oral arguments before the Indiana Court of Appeals. Ultimately, JK Harris filed for bankruptcy in its home state of South Carolina. That case remains pending as of October 6, 2014.