A former executive at a now-defunct legal advocacy group launched by retired Seventh Circuit Judge Richard Posner has lost his attempt to recover $170,000 in alleged back pay. On Monday, an Indiana federal court ruled the claims by pro se litigant Brian Vukadinovich were both untimely and based on an unenforceable oral agreement.
U.S. District Judge Theresa L. Springmann granted summary judgment in favor of Judge Posner, finding that the alleged contract failed to meet the requirements under Indiana’s statute of frauds. She also determined that the unjust enrichment claim was brought too late to proceed.
Oral Agreement Collapses Under Legal Scrutiny
At the heart of the dispute was an alleged oral contract between Vukadinovich, a retired Indiana schoolteacher, and Judge Posner. Vukadinovich claimed that after being hired in February 2018 at an annual salary of $80,000 to lead the Posner Center of Justice for Pro Se’s, Judge Posner later verbally promised a $120,000 lump sum payment after one year of service.
However, Judge Springmann found that because the terms of the agreement included a promise not intended to be fulfilled within a year, it fell under Indiana’s statute of frauds, which requires such contracts to be in writing. “The plaintiff has not offered evidence of an exception that removes this action from the Indiana Statute of Frauds,” the judge wrote.
