Derek Molter is an appellate litigator who has handled a multitude of appeals in state and federal courts throughout the United States. Those appeals have involved a wide variety of issues, including contract and employment disputes, injury and wrongful death claims, constitutional and statutory interpretation and regulatory matters. He is active in the appellate bar—including as a the representative for District Number 2 to the Indiana State Bar Association's Appellate Practice Section—and has been engaged to address industry-wide concerns on appeal through amicus curiae briefs. Clients appreciate his candid assessment of cases, thorough preparation, clear and succinct writing style and creativity with everything from pricing services to developing winning arguments.
Derek is also skilled in working with litigation teams to preserve issues and best position cases in the event of an appeal. This sometimes includes an analysis of the esoteric aspects of appellate procedure, such as the availability of extraordinary writs. Apart from an appellate focus, Derek has represented individuals and businesses with commercial, products liability and trade secrets disputes in state and federal trial courts around the country. His clients have included a wide variety of businesses, from small startup companies to Fortune 500 companies, in myriad industries, including the alcoholic beverage, agricultural manufacturing, private equity, energy, data analytics, construction, insurance and consumer reviews industries.
In addition, Derek offers significant experience in Food & Agribusiness, including representing equipment manufacturers against claims that their products caused injury or property damage. Notably, Derek has been around agribusiness his entire life having grown up on a farm in Newton County, Indiana and serving as a member of the FFA and 4-H.
Prior to joining Ice Miller, Derek was an attorney in Washington, D.C. at an Am Law 100 firm, where his practice included the representation of a consumer products company in defense against thousands of personal injury cases in state and federal courts following the decertification of a class action. He was also a law clerk for the U.S. House of Representatives Judiciary Committee and for the Honorable Theresa Springmann with the United States District Court for the Northern District of Indiana.
Reported and Representative Cases
- Orthopedic & Neurological Consultants, Inc. v. Cincinnati Ins. Co., 104 N.E.3d 133 (Oh. Ct. App. 2018)
- Hays v. Hockett, 94 N.E.3d 300, 303 (Ind. Ct. App.), transfer denied, 102 N.E.3d 288 (Ind. 2018)
- Smith v. Walsh Constr. Co. II, LLC, 95 N.E.3d 78 (Ind. Ct. App. 2018)
- AmeriGlobe, LLC v. Althoff, 2018 WL 1474389 (Ind. Ct. App. 2018 ), transfer denied, 107 N.E.3d 1060 (Ind. 2018)
- Citizens Action Coal. of Indiana, Inc. v. Duke Energy Indiana, LLC, 2018 WL 4041440 (Ind. Ct. App. 2018)
- Lockerbie Glove Factory Town Home Owners Ass'n, Inc. v. Indianapolis Historic Pres. Comm'n, 106 N.E.3d 482, 486 (Ind. Ct. App.), transfer denied, 111 N.E.3d 1016 (Ind. 2018)
- Elkhart Foundry & Mach. Co. v. City of Elkhart Redevelopment Comm'n for City of Elkhart, 112 N.E.3d 1123 (Ind. Ct. App. 2018)
- Brown v. Bucher & Christian Consulting, Inc., 87 N.E.3d 22 (Ind. Ct. App. 2017), reh'g denied (Dec. 21, 2017), transfer denied, 102 N.E.3d 286 (Ind. 2018)
- Parkinson v. Parkinson, 2017 WL 1162207 (Ind.Ct.App. Mar. 29, 2017)
- 21st Amendment, Inc. v. Indiana Alcohol & Tobacco Commission, 84 N.E.3d 691 (Ind. Ct. App. 2017)
- Mains v. Citibank, N.A., 852 F.3d 669 (7th Cir. 2017)
- Mourning v. Allison Transmission, 72 N.E.3d 482 (Ind.Ct.App. 2017)
- Monarch Beverage Co., Inc. v. Cook, 861 F.3d 678 (7th Cir. 2017)
- Bancorpsouth, Inc., v. Fed. Ins. Co., 873 F.3d 582 (7th Cir. 2017)
- Vickery v. Ardagh Glass Inc., 85 N.E.3d 852 (Ind. Ct. App. 2017)
- Patchett v. Lee, 60 N.E.3d 1025 (Ind. 2016)
- H.S. v. W.P., 2016 WL 7492528 (Ind. Ct. App. Dec. 29, 2016)
- Monarch Beverage Co. v. Grubb, 138 F. Supp. 3d 1002, 1004 (S.D. Ind. 2015)
- Monarch Beverage Co. v. Cook, 48 N.E.3d 325, 327 (Ind. Ct. App. 2015)
- Graham v. R.J. Reynolds Tobacco Co., 782 F.3d 1261 (11th Cir. 2015)
- Fidlar Techns. v. LPS Real Estate Data Solutions, Inc., 82 F. Supp. 3d 844 (C.D. Ill. Mar. 5, 2015)
- Robertson v. Medical Assurance Co., Inc. 2014 WL 2557236 (N.D. Ind. June 5, 2014)
- St. Joseph County, Ind. ex rel. Board of Commissioners v. LPS Real Estate Data Solutions Inc., 2013 WL 6254582 (N.D. Ind. Dec. 4, 2013)
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