Ice Miller LLP

Brian J. Paul

Name: Brian J. Paul
Position: Partner
Location: Indianapolis Office
Phone: (317) 236-5974
Fax: (317) 592-4607
E-Mail: brian.paul@icemiller.com

Assistant Name: Laura Williams
Assistant Phone: (317) 236-2229
Assistant E-Mail: laura.williams@icemiller.com

Undergraduate School
Bachelor of Arts in History, Purdue University
Graduated in 1995

Graduate School
Master of Arts in American History, Purdue University
Graduated in 1997

Law School
Vanderbilt University Law School
Graduated in 2000

Admitted to Practice:
Indiana
The Supreme Court of the United States
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Seventh Circuit
United States District Court - Northern District of Illinois
United States District Court - Central District of Illinois
United States District Court - Northern District of Indiana
United States District Court - Southern District of Indiana

Professional Experience:
Brian Paul's primary concentration is appellate work, ERISA and employee benefits litigation, insurance coverage litigation, and complex tort and commercial litigation matters in the federal courts.

Brian J. Paul is a partner in the Appellate Practice and Employee Benefits Litigation Groups at Ice Miller LLP in Indianapolis. A graduate of Vanderbilt Law School, Brian personally has briefed and argued dozens of state and federal appeals, including several at the United States Court of Appeals for the Seventh Circuit, widely considered one of the most challenging courts in which to argue. His cases have run the gamut. He has briefed and argued everything from weighty, abstract constitutional issues to concrete, dollars-and-cents commercial issues and any number of issues in-between. The clients he has served have run the gamut too. While he has argued cases on behalf of Fortune 500 companies in a variety of different industries, he has also represented family-owned businesses and individual shareholders; state and local governmental entities; colleges and universities; trustees, guardians, attorneys in fact, and personal representatives of estates; employee benefit plans, plan administrators, and other plan fiduciaries; doctors and lawyers; trade associations; criminal defendants; and hospitals and medical practices.

Brian’s name appears on some 40 cases, and he has had a direct hand in scores of others, both published and unpublished. He worked, for example, with a team of Ice Miller lawyers to defend the constitutionality of Indiana’s billion dollar lease of the State’s Toll Road, Bonney v. Indiana Finance Authority, 849 N.E.2d 473 (Ind. 2006), and of Indiana’s wine shipment laws, Baude v. Heath, 538 F.3d 608 (7th Cir. 2008). Both cases attracted national attention and were discussed in a variety of publications, including the Harvard Law Review. Other examples of cases in which he has served the firm’s clients include In re Miller, 935 N.E.2d 729 (Ind. Ct. App. 2010), which involved a dispute over the rights to a $300 million-plus estate; Lemon v. Wishard Health Services, 902 N.E.2d 297 (Ind. Ct. App. 2009), a class action that involved alleged violations of Indiana’s wage payment statutes; Bell v. DaimlerChrysler Corp., 547 F.3d 796 (7th Cir. 2008), a lawsuit brought by over 200 union members under the Labor-Management Relations Act; Carlisle v. Deere & Co., 576 F.3d 649 (7th Cir. 2009), which involved the alleged breach of a product warranty; Jennings v. AC Hydraulic A/S, 383 F.3d 546 (7th Cir. 2004), where the key issue was whether a Danish manufacturer could be sued in Indiana; and Ziliak v. AstraZeneca LP, 324 F.3d 518 (7th Cir. 2003), which tested the adequacy of prescription drug labeling.

His reputation as a smart, dedicated appellate lawyer earned him the opportunity in 2009 to participate in a panel discussion on appellate practice with two of the leading jurists in the country, Judge Richard Posner and Chief Judge Frank Easterbrook, both of the Seventh Circuit Court of Appeals. In all, he has served as a panelist or lecturer on appellate-related topics in over a dozen seminars, oftentimes along side other well respected appellate practitioners and appellate court judges. He has also written widely on appellate litigation, with articles appearing in an array of publications, including the American Bar Association’s Appellate Practice Journal, the Defense Research Institute’s Certworthy, and the acclaimed publication of the Seventh Circuit Bar Association, the Circuit Rider, where he has served as associate editor since 2005.

Brian is also an active participant in several professional and legal associations. He is the current President of the Indianapolis Lawyers Chapter of the Federalist Society for Law and Public Policy Studies, which provides a forum for civil debate about the role of the federal judiciary in American society. He is an officer of the Indiana Bar Association’s Appellate Practice Section, a position he has held since 2003. He is a graduate and former board member of the Indianapolis Bar Association’s Bar Leadership Series, which readies lawyers for leadership opportunities in the business and legal communities. And Brian is barrister in the Indianapolis chapter of the American Inns of Court, an organization designed to improve the skills, professionalism, and ethics of the bench and bar. In 2010 Brian’s dedication to the bar earned him the designation “Distinguished Fellow” by the Indianapolis Bar Association, a distinction reserved for members of the legal community who have contributed consistently to the profession and the community.

Brian translates his dedication to the legal profession and the law into action not only by providing excellent service to the firm’s paying clients, but also by zealously representing pro bono those who cannot afford to pay for their own attorney. Since 2005 he has spent hundreds of hours serving as lead appellate counsel to indigent defendants convicted of federal crimes. More than one judge on the Seventh Circuit Court of Appeals has complimented him on the quality of his advocacy in these cases and thanked him and his firm for their service to the court.

Professional Associations:
Federalist Society
Indianapolis American Inn of Court
Indiana State Bar Association
Seventh Circuit Bar Association
Supreme Court Historical Society
Indianapolis Bar Association

Awards and Recognitions:
Rising Star, Appellate Category, Indiana Super Lawyers, 2009, 2010, and 2011
Indianapolis Bar Foundation Distinguished Fellow
Pro Bono Hall of Fame, Indianapolis Bar Association, 2006
Graduated from Purdue University, With Highest Distinction
Phi Beta Kappa

Published In:
"An Interview with Judge John D. Tinder," Circuit Rider, December 2011.
"Advice to Young Loawyers: Oral ARgument for My Adversaries," ABA Appellate Practice Journal, Fall 2011.
Podcast about Sykes v. United States, 131 S. Ct. 2267 (U.S. 2011), available on iTunes and www.fed-soc.org.
"Some Advice on How Not to Argue a Case in the Seventh Circuit -- Unless You're My Adversary,"Circuit Rider, April 2010.
"Illinois Court Validates Illinois' Ban on Discretionary Clauses in Insured ERISA Benefit Plans," Ice Miller LLP: March 2011 E-Newsletter, with Isaac Colunga and Craig Burke.
"Advice to Young Lawyers: Legal Writing for my Adversaries," ABA Appellate Practice Journal, Spring 2010.
"Q&A with the Newest Judge on the Seventh Circuit Court of Appeals, David F. Hamilton,"Circuit Rider, April 2010.
"Navigating the Steep and Thorny Route of Federal Discretionary Interlocutory Appeals,"Circuit Rider, April 2010.
"Survey of Daubert Challenges in the Context of Franchise Liability Experts,"Franchise Law Journal, Summer 2010, with Christina L. Fugate and James L. Petersen.
"Some Advice on How Not to Write a Brief in the Seventh Circuit -- Unless . . . You're My Adversary," Circuit Rider, November 2009.
"Toward a More Impure Writing Style: The Opinions of Judge Posner and Chief Judge Easterbrook and What the Bar Can Learn from Them," Circuit Rider, January 2008 (Discussing Good Writing).
"Establishing Diversity Jurisdiction: Or How to Keep Your Case in the Court of Appeals and Yourself Out of Trouble," Circuit Rider, May 2007 (Summarizing the Rules for Establishing Diversity Jurisdiction in the Seventh Circuit).
"Roberts Court Reaches Toward Unanimity," Indiana Lawyer, June 28, 2006 (Discussing Some of the Challenges That Chief Justice Roberts Faces in Fostering Greater Agreement Among his Colleagues on the U.S. Supreme Court).
"Rhetoric and Reform Sensationalism," Indiana Lawyer, July 27, 2005, (Exposing the Rhetoric of the Federal Tort Reform Debate).
"Problems of a Philosopher King Court," Indiana Lawyer, June 29, 2005 (Discussing the Decreased Case Load of the U.S. Supreme Court under Chief Justice Rehnquist).
"Being a Friend of The Court: Shaping The Law as It Affects Your Business Interests," Indiana Manufacturers Association's Human Resources Memo, May 2005 (Discussing the Use of Amicus Briefs to Influence the Course of the Law).
"Is Your Business Web Site Putting You at Risk for Out-of-State Litigation?" The Inside Edge, Jan. 18, 2005 (Sketching the Law of Personal Jurisdiction as it Relates to E-commerce).
"The New Civil Appeal: Judgment to Briefing," Lorman Federal Civil Litigation Seminar, 2004 (Outlining the Federal and Seventh Circuit Rules of Appellate Procedure Up to the Briefing Stage).
"A Word About The Last Word in Briefing," Certworthy, Winter 2003 (Discussing the Dos and Don'ts of Reply Briefs).

Speaking Engagements:
"Representing Your Client in Federal Court - Jurisdiction," NBI, 2011.
"A Discussion on Good Legal Writing," Seventh Circuit Bar Association, 2009 (with Chief Judge Frank Easterbrook, Judge Richard Posner, and Stephen Shapiro of Mayer Brown LLP).
"Appeals 201: Appeals Before the Seventh Circuit," Indianapolis Bar Association, 2011 (with Judge Michael Kanne of the Seventh Circuit and Indiana Solictor General Thomas Fisher).
Appellate Practice Survey,
"Interlocutory Appeals," ICLEF, 2011 (with The Honorable Edward W. Najam, Jr. of the Indiana Court of Appeals).
Age Verification and Alcohol, the Dormant Commerce Clause, Center for Alcohol Policy, 2011 (with Indiana Solicitor General Thomas Fisher, Ice Miller Partner Fred Biesecker, and John Maisch of the Oklahoma Alcoholic Beverage Laws Enforcement Commission).
Persuasive Writing, Ice Miller LLP, 2011
Persuasive Oral Arguments, Ice Miller LLP, 2011.
"Practical Tips for a Positive Outcome - The Court of Appeals," NBI, 2010.
"Navigating the Fair Sentencing Act of 2010," Indiana Federal Community Defenders, Inc., 2010.
"Welcome to the 21st Century: An Appellate Perspective," Indiana Continuing Legal Education Forum, 2008
E-Discovery Overview, Indianapolis Inn of Court, 2007.
"Appellate Practice Survey," Indiana Continuing Legal Education, 2007.
"Appellate Skills Institute," Indiana Continuing Legal Education Forum, 2006.
"Ethics and Appellate Advocacy," Appellate Practice Section of the Indiana State Bar Association, 2006.
"Tips and Opportunities for Handling Your First Appeal," Seventh Circuit Bar Association, 2006 (with District Court Judge Robert Dow [then with Mayer Brown LLP], Bankruptcy Judge Benjamin Goldgar and Donald Wall of the Seventh Circuit).
"Current Indiana Appellate Topics: Civility, Sanctions, and Whether to Publish Opinions," Appellate Practice Section of the Indiana State Bar Association, 2005.
"Seventh Circuit Practice," Lorman Federal Practice Seminar, 2003 and 2004
"Developing Appellate Skills," Indiana Continuing Legal Education Forum, 2003.

Community Involvement:
Criminal Justice Act lawyer (appointed by the Seventh Circuit Court of Appeals to represent defendants convicted of federal crimes)
Committee Member, Hamilton County Chapter, Ducks Unlimited
Homeless Project, Indianapolis Bar Association
Moot Court Judge, Indiana University School of Law-Indianapolis

Reported and Representative Cases:
United States v. Griffin, 652 F.3d 793 (7th Cir. 2011). Primary Issue: Whether the admission of drugs recovered during an unlawfully initiated traffic stop were admissible in evidence.
Green v. Ford Motor Co., 942 N.E.2d 791 (Ind. 2011). Primary Issue: Whether, in a crashworthiness case, a plaintiff's fault in causing an auto accident could be apportioned to the plaintiff by the finder of fact under the state comparative fault act.
Ind. Dep't of Revenue v. Belterra Resort Ind. LLC, 942 N.E.2d 796 (Ind. 2011). Primary Issue: Whether capital contributions used to purchase a riverboat casino were subject to state use tax.
State ex rel. Zoeller v. Aisin USA Mfg., Inc., 946 N.E.2d 1148 (Ind. 2011). Primary Issue: Whether the Indiana Tax Court had exclusive jurisdiction to adjudicate the State's claim to recover an allegedly mistaken refund).
Simon v. Simon, 957 N.E.2d 980 (Ind. Ct. App. 2011). Primary Issue: Whether decedent's spouse had standing to challenge trial judge's denial of motion to recuse.
Annexation Ordinance F-2008-15 v. City of Evansville, 955 N.E.2d 769 (Ind. Ct. App. 2011). Primary Issue: Whether landowners filed a proper remonstrance against a city annexation.
Goldberg v. Farno, 953 N.E.2d 1244 (Ind. Ct. App. 2010). Primary Issue: Whether a non-settling defendant lacked standing to challenge trial court order approving proposed class settlement.
Farno v. Ansure Mortuaries of Ind., LLC, 953 N.E.2d 1253 (Ind. Ct. App. 2011). Primary Issue: Whether the trial court properly denied class certification in case where purchasers of pre-paid burial services sued mortuary and other defendants, claiming that defendants were involved in the purchase of four cemeteries and the subsequent looting of their pre-need trust funds.
Smith Barney v. StoneMore Operating LLC, 953 N.E.2d 554 (Ind. Ct. App. 2011). Primary Issue: Whether a successor trustee had an obligation to arbitrate under an agreement entered into by a prior trustee.
In re Eiteljorg, 951 N.E.2d 565 (Ind. Ct. App. 2011). Primary Issue: Whether trustees breached their obligation to distribute trust assets and, if so, whether the plaintiffs were entitled to lost profits as damages.
City of Boonville v. American Cold Storage, 950 N.E.2d 764 (Ind. Ct. App. 2011). Primary Issue: Whether tax-exempt properties "count" in a remonstrance filed against a municipal annexation.
American Bank v. City of Menasha, 627 F.3d 261 (7th Cir. 2010) (on brief). Primary Issue: Whether a request to produce public records constitutes "discovery" for purposes of federal securities laws.
United States v. Adams, 628 F.3d 407 (7th Cir. 2010). Primary Issue: Whether admission at trial of statements by a non-testifying confidential informant violated the defendant's confrontation clause rights.
Whittington v. Indianapolis Motor Speedway Found., Inc., 601 F.3d 728 (7th Cir. 2010) (on brief). Primary Issue: Whether the plaintiff was entitled to possession of a race car that he gave the Speedway Museum some two decades earlier.
Turner v. Rockwell Automation Pension Plan, No. 1:09-cv-0046-LJM-TAB, 2010 U.S. Dist. LEXIS 49125 (May 18, 2010). Primary Issue: Whether a pension plan properly denied the plaintiffs' requests for disability retirement benefits.
In re Miller, 935 N.E.2d 729 (Ind. Ct. App. 2010). Primary Issue: Whether co-attorneys in fact acted appropriately on behalf of their principal in making certain expenditures during the principal's period of incapacity.
Wells Fargo Bank, N.A. v. Tippecanoe Assocs., LLC, 923 N.E.2d 423 (Ind. Ct. App. 2010). Primary Issue: Whether a receiver of mortgaged property could sell the property prior to the time for a sheriff's sale.
In re Guardianship of French, 927 N.E.2d 950 (Ind. Ct. App. 2010). Primary Issue: Whether a beneficiary of an estate may sue a third party to recover property allegedly belonging to an estate independent of the estate's personal representative.
Carlisle v. Deere & Co., 576 F.3d 649 (7th Cir. 2009). Primary Issue: Whether plaintiffs could recover under a product warranty.
Richards v. Eli Lilly & Co., No. 09-2865, 2009 WL 4730397 (7th Cir. Dec. 11, 2009). Primary Issue: Whether plaintiff's product liability and warranty claims were barred by the applicable statutes of limitation.
Laouini v. CLM Freight Lines, Inc., 586 F.3d 473 (7th Cir. 2009). Primary Issue: Whether plaintiff timely filed an EEOC charge.
Trustees of Ind. Univ. v. Cohen, 910 N.E.2d 251 (Ind. Ct. App. 2009). Primary Issue: Whether a written employment agreement permitted a university to terminate a professor's employment for his repeated violation of the university's ethics code.
Lemon v. Wishard Health Servs., 902 N.E.2d 297 (Ind. Ct. App. 2009). Primary Issue: Whether putative members of a class action for wage claim violations must submit their individual claims to the Department of Labor before bringing suit.
Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 915 N.E.2d 524 (Ind. Ct. App. 2009). Primary Issue: Whether there was insurance coverage for the insured's liabilities under the Clean Air Act.
Abdalla v. Qadorh-Zidan, 913 N.E.2d 280 (Ind. Ct. App. 2009). Primary Issue: Whether current members of LLCs and current shareholders of closely held corporations continue to owe duties in tort to former members and shareholders with respect to post-dissociation business decisions.
Fitzpatrick v. Kenneth J. Allen & Assocs., P.C., 913 N.E.2d 255 (Ind. Ct. App. 2009). Primary Issue: Whether an attorney fee-sharing agreement could be enforced following a default.
Daisy Farm L.P. v. Morrolf, 915 N.E.2d 480 (Ind. Ct. App. 2009). Primary Issue: Whether there was sufficient evidence to demonstrate ownership of land by adverse possession.
Crawfordsville Square, LLC v. Monroe Guar. Ins. Co., 906 N.E.2d 934 (Ind. Ct. App. 2009). Primary Issue: Whether the known loss doctrine precluded insurance coverage for environmental contamination.
Bell v. DaimlerChrysler Corp., 547 F.3d 796 (7th Cir. 2008). Primary Issue: Whether workers had exhausted their intra-union remedies before bringing suit under section 301 of the Labor-Management Relations Act.
Baude v. Heath, 538 F.3d 608 (7th Cir. 2008) (on brief). Primary Issue: Whether Indiana's wine shipment laws violated the dormant commerce clause of the United States Constitution.
French-Tex Cleaners, Inc. v. Cafaro Co., 893 N.E.2d 1156 (Ind. Ct. App. 2008). Primary Issue: Whether a lease required the tenant to pay a pro rata share of the gross property taxes imposed without deduction for a certain tax credit.
Daisy Farm L.P. v. Morrolf, 886 N.E.2d 604 (Ind. Ct. App. 2008). Primary issues: (1) whether property subject to a public easement could be adversely possessed; and (2) whether the riparian rights of two lakefront homeowners were properly determined by extending their onshore property boundaries straight out into the lake.
Old Republic Ins. Co. v. RLI Ins. Co., 887 N.E.2d 1003 (Ind. Ct. App. 2008). Primary issue: whether a state statute operated to alter the normal priority of coverage between a primary insurer and three excess insurers.
Allianz Ins. Co. v. Guidant Corp., 884 N.E.2d 405 (Ind. Ct. App. 2008). Primary issue: whether an insurance company had a duty to defend its insured against claims arising out of an allegedly defective medical device.
Jones v. Womacks, 852 N.E.2d 1035 (Ind. Ct. App. 2006), trans. granted and appeal dismissed as moot (Ind. May 21, 2007) (participated at rehearing and transfer stages). Primary issue: whether the petition and remonstrance process for certain tax-based financings violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
Cinergy Corp. v. Associated Elec. & Gas Ins. Servs., Ltd., 865 N.E.2d 571 (Ind. 2007). Primary issue: whether an insurer was liable for defense costs as they were incurred for underlying environmental liability claims brought against the insured in a federal lawsuit.
Citizens Gas & Coke Util. v. Local Union No. 1400, Int'l Bhd. of Elec. Workers, 874 N.E.2d 391 (Ind. Ct. App. 2007). Primary issue: whether the arbitrator exceeded her powers by considering documents outside the scope of the arbitration agreement.
Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 873 N.E.2d 105 (Ind. Ct. App. 2007). Primary issue: whether liability insurers owed coverage for claims that the insured violated the federal Clean Air Act.
Glenn v. Dow AgroSciences, LLC, 861 N.E.2d 1 (Ind. Ct. App. 2007), trans. granted and appeal dismissed as moot (Ind. June 15, 2007). Primary issue: whether a non-competition agreement was so broad as to violate public policy.
Keenan v. Butler, 869 N.E.2d 1284 (Ind. Ct. App. 2007). Primary issue: whether the probate court had exclusive jurisdiction over an action for breach of contract to make a will.
Robert Lynn Co. v. Town of Clarksville Bd. of Zoning App., 867 N.E.2d 660 (Ind. Ct. App. 2007). Primary issue: whether a town planning commission could review the propriety of a variance from the local zoning ordinance.
United States v. Sherrod, 445 F.3d 980 (7th Cir. 2006). Primary issues: (1) whether the government proved beyond a reasonable doubt that a carjacked vehicle had moved in interstate commerce; and (2) whether the government had to prove that the defendant committed first-degree murder beyond a reasonable doubt for the defendant to be sentenced for first-degree murder.
Schultz v. Ford Motor Co., 857 N.E.2d 977 (Ind. 2006). Primary issue: whether a presumption is properly given "continuing effect" under Indiana Evidence Rule 301 by the trial court instructing the jury that when a basic fact is proven, the jury may infer the existence of a presumed fact.
Bonney v. Ind. Fin. Auth., 849 N.E.2d 473 (Ind. 2006) (of record). Primary issue: whether legislation authorizing the lease of the Indiana Toll Road was constitutional.
Americans for the Arts v. Ruth Lilly Charitable Remainder Annuity Trust No. 1 U/A January 18, 2002, 855 N.E.2d 592 (Ind. Ct. App. 2006). Primary issue: whether a trustee’s authority to retain assets as part of a trust’s general powers clause excused – as a matter of law – the trustee’s statutory duty to diversify.
Williams v. Riverside Cmty. Corrections Corp., 846 N.E.2d 738 (Ind. Ct. App. 2006). Primary issue: whether an employee is entitled to accrued vacation and sick pay if she is terminated prior to the expiration of the vesting period for such pay.
Mid-American Fire & Cas. Co. v. Shoney's Inc., 843 N.E.2d 548 (Ind. Ct. App. 2006) (on rehearing). Primary issue: whether an estate was entitled to insurance coverage under a homeowner's policy for liability arising out of petroleum contamination.
Price v. Am. Cyanamid Co.,No. 2:04-CV-242 PS, 2006 WL 694747 (N.D. Ind. Mar. 14, 2006), aff'd with order to show cause sub nom. Price v. Wyeth Holdings Corp., 505 F.3d 624 (7th Cir. 2007). Primary issue: whether a case removed to federal court in 2004 alleging personal injuries suffered in 1991 had to be remanded to state court.
Allgood v. Meridian Sec. Ins. Co., 836 N.E.2d 243 (Ind. 2005) (participated at intermediate appellate level only). Primary issue: whether a standard automobile insurance policy obligates an insurer to compensate for a vehicle's diminished value after the vehicle has been adequately repaired.
Knightstown Banner, LLC v. Town of Knightstown, 838 N.E.2d 1127 (Ind. Ct. App. 2005). Primary issue: whether a settlement agreement created, received, and retained by an attorney hired by a town's reciprocal insurer was subject to inspection under Indiana's Access to Public Records Act.
Nickels v. Bryant, 839 N.E.2d 1211 (Ind. Ct. App. 2005). Primary issue: whether a truck driver's exclusive remedy for personal injuries alleged to have been caused by an independent contractor was under the Indiana Worker's Compensation Act.
U.S. Land Servs., Inc. v. U.S. Surveyor, Inc., 826 N.E.2d 49 (Ind. Ct. App. 2005). Primary issue: whether an injunction was over broad when it prohibited the defendants from engaging in the survey management business.
Osler Institute, Inc. v. Forde, 386 F.3d 816 (7th Cir. 2004) (on brief). Primary issue: whether an attorneys' fees provision in a covenant not to compete agreement was enforceable when other, essential portions of the agreement had been previously invalidated.
Jennings v. AC Hydraulic A/S, 383 F.3d 546 (7th Cir. 2004). Primary issue: whether a Danish company could be sued in Indiana for an accident allegedly involving its product when the plaintiff had not proven that the defendant had engaged in deliberate, purposeful contact with the State.
East Coast Fasteners & Closures, Inc. v. Employers Mut. Cas. Co., 93 Fed. Appx. 948 (7th Cir. 2004). Primary issue: whether a building manufacturer was entitled to insurance coverage for claims alleging that the metal screws used to construct the buildings were rusting.
Butler Univ. v. In re Unsupervised Estate of Verdak, 815 N.E.2d 185 (Ind. Ct. App. 2004). Primary issue: whether the probate court abused its discretion by reopening an estate that had been closed for nearly a decade.
Ziliak v. AstraZeneca LP, 324 F.3d 518 (7th Cir. 2003) (on brief). Primary issue: whether the warning accompanying an asthma drug was adequate as a matter of law.
Caffey v. Mansur Group, Inc., 67 Fed.Appx. 370 (7th Cir. 2003). Primary issue: whether the doctrine of res judicata barred an employee's claims under ERISA against the administrator.
Murray v. Conseco, Inc., 795 N.E.2d 454 (Ind. 2003). Primary issue: whether a director of a corporation elected by a voting group of shareholders could be removed without cause by the corporation's board under the Indiana business code.
E & S Mems, L.L.C. v. Eagen, 795 N.E.2d 508 (Ind. Ct. App. 2003). Primary issue: whether the trial court had jurisdiction to enforce a settlement agreement when the underlying case had been dismissed with prejudice.
St. Mary's Med. Ctr. v. Loomis, 783 N.E.2d 274 (Ind. Ct. App. 2002). Primary issue: whether the evidence supported a $16 million judgment against a hospital for negligently injuring a neurosurgeon.
Huntington County Commun. Sch. Corp. v. State Bd. of Tax Comm'rs, 757 N.E.2d 235 (Ind. Tax Ct. 2001). Primary issue: whether the statutory requirement that a taxpayer verify his petition to initiate a remonstrance process could be waived.

Bar Committees:
President, Indianapolis Chapter of the Federalist Society for Law and Public Policy Studies, 2011-Present
Secretary, Appellate Practice Section of the Indiana State Bar Association, 2007-Present
Indiana Chair, Seventh Circuit Bar Association's Circuit Rider Committee, 2005-Present
Barrister, Indianapolis Inn of Court, 2007-Present
Board Member, Indianapolis Chapter of the Federalist Society for Law and Public Policy Studies, 2007-2011
Member, Planning Committee for the 58th Annual Meeting of the Seventh Circuit Bar Association and
Judicial Conference of the Seventh Circuit, 2008-2009
Member, Steering Committee for the Indianapolis Bar Association's Bar Leader Series V, 2007-2008
Treasurer, Appellate Practice Section of the Indiana State Bar Association, 2006-2007
Seventh Circuit American Jury Project Commission Facilitator, 2006
Member, Nominating Committee for the Appellate Practice Section of the Indiana State Bar Association, 2006-Present
Liaison, Indiana Appellate Courts' E-Filing Committee for the Appellate Practice Section of the Indiana State Bar Association, 2005-2006
Graduate, Indianapolis Bar Association's Bar Leader Series III, 2006
Member, Steering Committee for the Indianapolis Bar Association's Bar Leader Series IV, 2006-2007
Second District Councilman, Appellate Practice Section of the Indiana State Bar Association, 2003-2005
Chair, Indiana Appellate Rules Review Committee (Regarding Record Preparation), 2003

Internal Committees:
Audit Letter Committee, 2010-Present
Litigation Business Development Committee, 2003-2005
Professional Development Committee, 2004-2005
Summer Clerk Team Leader, 2002 and 2004
First-Year Associate Mentor, 2003, 2004, 2006-2007
Summer Clerk Writing Mentor, 2003, 2004, 2007, 2008

Services:

Appellate Practice ERISA and Employee Benefits Litigation Insurance Coverage, Counseling and Cost Recovery
Civil Rights and Constitutional Law Litigation Federal Litigation Litigation
Dispute Resolution/Litigation Insurance and Complex Disputes Resolution

 

Industry Experience:

Agricultural Products
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  • Appellate Practice
Governments
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  • Appellate Practice
Printing and Publishing
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  • Appellate Practice
Alcoholic Beverages
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  • Appellate Practice
Health Care
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  • Appellate Practice
Professional Service Firms
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  • Appellate Practice
Amusement and Recreation
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  • Appellate Practice
Industrial Equipment
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  • Appellate Practice
Public Sector/Government Employee Benefit Plans
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  • Appellate Practice
Automotive Repair
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  • Appellate Practice
Industrial Products
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Real Estate Development
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Banking
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Insurance
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  • Federal Litigation
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Restaurant
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Chemicals
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Leather and Leather Products
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Retail
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Colleges and Universities
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  • Appellate Practice
Legal Services
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Schools
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  • Appellate Practice
Computer Equipment
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  • Appellate Practice
Life Sciences
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Software
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Construction
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Manufacturing (Automotive)
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  • Appellate Practice
Sports and Entertainment
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  • Appellate Practice
Distributors
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  • Appellate Practice
Manufacturing (General)
Services
  • Appellate Practice
Sports Equipment
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  • Appellate Practice
Drug and Device
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  • Appellate Practice
Media/Communications
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  • Appellate Practice
Technology
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  • Appellate Practice
Electric, Gas, and Sanitary Services
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  • Appellate Practice
Multi-family Housing
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Financial Institutions
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Nonprofit
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