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David J. Carr is a partner in Ice Miller’s Workplace Solutions Group, and Chair of the Employment Litigation Team. He focuses his practice on assisting employers with matters regarding personnel policies, employment discrimination, wage and hour law, and employment contracts involving trade secrets, confidential information and covenants against competition.
David is a veteran labor negotiator and has handled numerous labor arbitrations, union avoidance and other collective bargaining matters. He also possesses substantial experience representing employers in wrongful discharge lawsuits and employment discrimination investigations, including sexual harassment situations, as well as litigation of class and collective actions under the Fair Labor Standards Act, in addition to federal and state jury trials.
David serves as a contributing author for the American Bar Association (ABA) treatises Covenants Not to Compete: A State by State Survey (BNA 1991), The Employee Duty of Loyalty: A State by State Survey (BNA 1995), Employment Trade Secrets Law: A State by State Survey (BNA 1997), Tortious Interference in the Employment Context (BNA 2004); Employment Litigation Handbook (ABA 2010). He also worked as a contributing author to Harvey’s Indiana Practice and Procedure (West 1988).
David is admitted to practice in Indiana, as well as the Fourth, Seventh, and Tenth Circuit Courts of Appeal, and the United States Supreme Court. He has successfully taken cases to trial in Indiana, Ohio, Kentucky, Michigan, New Jersey, Wisconsin, Colorado and Georgia. He is a member of the American, Indiana and Indianapolis Bar Associations, and serves on the Employment Rights and Responsibilities (ERR) Committee of the ABA Labor Section. He is the current co-chair of the Non-Compete and Trade Secrets Subcommittee. He is a past chair of the Indianapolis Bar Association Labor Law Section. He is also a member of the Christian Legal Society, the Federalist Society, and is a Diplomate of the Court Practice Institute. An active member of the community, David served as a member of the Zionsville Parks and Recreations Board from 1996 to 1998. He served as an elected member of the Zionsville Town Council and Zionsville Plan Commission from 1998 to 2008.
David received his Bachelor of Arts from DePauw University, graduating summa cum laude and Phi Beta Kappa, in 1981. He then earned his juris doctor from Georgetown University Law Center in 1984. Every year since 2004 David has been named an Indiana Super Lawyer, and every year since 2012 he has been named to The Best Lawyers® in America. In 2010, David was named an Indiana Bar Foundation Fellow and in 2012 he was named to the College of Labor and Employment Lawyers.
Reported and Representative Cases
  • Coomes v. Republic Airline Inc., No. 119CV00034TWPMPB, 2019 WL 4572800 (S.D. Ind. Sept. 20, 2019) (Entry on Defendant’s Motion to Dismiss (partial dismissal))
  • Felice v. Republic Airlines, Case 4:09-cv-00071-JD-APR, 20 Ind. Jury Verdict Reporter 7 (N.D. Ind. June 19, 2019) (Jury trial victory on employment discrimination—reverse discrimination claim)
  • Coomes v. Republic Airline, Inc., No. 119CV00033JRSDML, 2019 WL 2436986 (S.D. Ind. June 11, 2019) (Order granting Defendant’s Motion to Dismiss)
  • Stewart v. City of Muncie, et al., No. 117CV03645TWPTAB, 2018 WL 6330493 (S.D. Ind. Dec. 4, 2018) (Successful partial motion to dismiss establishing important employment law rules in Indiana)
  • Shroyer Bros., Inc. v. Nichols, et al., No. 1:16-cv-00735-JMS-DML, 2016 WL 7455310 (S.D. Ind., Dec. 28, 2016) (Order granting Defendants' motion to dismiss lawsuit asserting violations of  42 U.S.C. § 1983, conversion, and business defamation)
    Roter v. Frontier Airlines, Inc., et al., No. 14–cv–71–pp, 2015 WL 3397700 (E.D. Wisc., May 26, 2015) (summary judgment ruling)
  • Roter v. Frontier Airlines, Inc., et al., No. 14-cv-71-rr, 2014 WL 5312656 (E.D. Wisc., Oct. 16, 2014) (order on motion for partial judgment on the pleadings)
  • Hamilton v. Republic Airways Holdings d/b/a Republic Airlines, No. 1:12-cv-01614-SEB-DML, 2014 WL 2968596 (S.D. Ind., July 2, 2014) (Order granting Defendant's motion for summary judgment (FMLA interference and retaliation claims))
  • Novey v. Heartland Home Finance, Inc., Case No. 1:06-cv-00031, 2007 WL 5100460 (D. Colo. Oct. 15, 2007) (Jury Trial/Claim of Age Discrimination) (Defense Verdict)
  • JAK Productions, Inc. v. Wiza, 986 F.2d 1080 (7th Cir. 1993)
  • Zapp v. UTU, 879 F.2d 1439 (7th Cir. 1989)
  • Beard v. Whitley Co. REMC, 840 F.2d 405 (7th Cir. 1988)
  • Golden v. Chautauqua Airlines, Inc. 2007 WL 925020 (S.D. Ind. 2007)
  • Hudson v. Indiana Limestone Co., 143 F.Supp. 2d 1032 (S.D. Ind. 2001)
  • Barnes Group v. Rinehart, 2001 WL 301433 (S.D. Ind. 2001)
  • Volunteers of America v. Premier Auto Acceptance Corp., 755 N.E.2d 656 (Ind. Ct. App. 2001)
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Speaking Engagements
Carr is a frequent lecturer on labor and employment issues, including:
  • ABA Annual Meeting in Washington, D.C., 2002
  • ABA Labor Section CLE Seminar in Washington, D.C., 2009
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