Former U.S. Circuit Judge Richard Posner is facing legal action as an Indiana man, Brian Vukadinovich, claims he is owed $170,000 for his work at a short-lived center for self-represented litigants established by Posner. U.S. Magistrate Judge Joshua Kolar of the U.S. District Court of Northern Indiana has made recommendations regarding the claims, stating that Vukadinovich’s fraud claim against Posner should be dismissed, but Posner’s attempts to dismiss claims of breach of contract and unjust enrichment should be denied.
While Kolar’s recommendations are not binding, the parties involved have a two-week window to file objections to his report. Ultimately, a U.S. district judge will issue the final ruling on the motion to dismiss.
Vukadinovich expressed satisfaction that two of his claims were recommended to be upheld but stated his intention to object to the recommendation for the dismissal of the fraud claim. Posner’s attorneys have not yet responded to requests for comment.
The lawsuit, filed by Vukadinovich in May 2022, alleges that Posner agreed to pay him an annual salary of $120,000 in 2018 for his role as the co-executive director of the Posner Center of Justice for Pro Se’s, as well as for personal work directly for the retired judge. However, Posner allegedly failed to pay him a total of $170,000.
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Vukadinovich, a former high school shop teacher, claims that he became acquainted with Posner after successfully representing himself in a lawsuit against his former employer, which resulted in a $204,000 verdict in his favor.
Posner’s legal team argued that Vukadinovich had waited too long to file the lawsuit. Additionally, they claimed that Posner, who has a confirmed Alzheimer’s diagnosis, lacked the legal capacity to enter into an agreement to pay Vukadinovich.
Judge Kolar highlighted the uncertainty surrounding the expiration of Indiana’s two-year statute of limitations in the case. He suggested that more information may need to be revealed about the circumstances of Vukadinovich’s hiring and his failure to receive payment before a decision can be made on whether the claims are barred.
Formerly appointed to the Chicago-based 7th U.S. Circuit Court of Appeals by former Republican President Ronald Reagan in 1981, Posner was a highly prominent judge until his sudden retirement from the bench in September 2017 at the age of 78. He established the center in mid-2018.
As the legal battle continues, the final ruling on the motion to dismiss will determine the fate of the claims against Judge Posner.
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