Paul Sweeney - Ice Miller Labor & Employment Litigation Counsel

One American Square Suite 2900 Indianapolis, IN 46282-0200

paul.sweeney@icemiller.com
p: 317-236-5894
f: 317-592-4298

assistant Janie Ross
p 317-221-2842
email Janie.ross@icemiller.com

paralegal Pamela J. Heath
p 317-236-5855
email pamela.heath@icemiller.com

Education

Undergraduate School
Bachelor of Arts in Economics and Political Science, Indiana University 1994

Law School
Indiana University Robert H. McKinney School of Law 1997

Admissions

United States District Court - District of Colorado

Indiana

United States District Court - Northern District of Indiana

United States District Court - Southern District of Indiana

United States District Court - Eastern District of Wisconsin

The Supreme Court of the United States

United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Tenth Circuit

Assistant

Janie Ross
p 317-221-2842
email Janie.ross@icemiller.com

paralegal Paralegal

paralegal Pamela J. Heath
p 317-236-5855
email pamela.heath@icemiller.com

Education

Undergraduate School
Bachelor of Arts in Economics and Political Science, Indiana University 1994
Law School
Indiana University Robert H. McKinney School of Law 1997

Admissions

United States District Court - District of Colorado
Indiana
United States District Court - Northern District of Indiana
United States District Court - Southern District of Indiana
United States District Court - Eastern District of Wisconsin
The Supreme Court of the United States
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Tenth Circuit

Awards & Recognitions
- Rising Star, Indiana Super Lawyer, 2009 - 2012
- AV-Preeminent, Martindale-Hubbell, Peer Review Ratings
Memberships
- Member, Indiana State Bar Association
- Member, Indianapolis Bar Association
- Member, American Bar Association
- Member, Defense Research Institute
- Member, Defense Trial Counsel of Indiana
Community Involvement
- Parish Religious Education Council, St. Maria Goretti Catholic Church, Westfield, Ind., 8/2015 - Present
- Volunteer, Youth Minister and Confirmation Facilitator/Presenter, St. Maria Goretti Catholic Church, Westfield, Ind., 2004 - Present
- Member, United Way of Central Indiana-Hamilton County Domestic Violence Shelter Task Forde, 2012-2014
- Member, United Way of Central Indiana-Hamilton County Advisory Board, 2006-2013
- Participant, Carmel Clay Schools Expedition Program, 2013-2014
- 2010-2011 (Chair)/2011-2012 (Chair)/2012-2013 (Co-Chair) Hamilton County Campaign Chair, United Way of Central Indiana
- Solutions Council Chair, United Way of Central Indiana-Hamilton County Advisory Board, 2009-2011
- Former Member and Secretary, Carmel Symphony Orchestra Board of Directors, 2000-2006
- Former Member, Hamilton County Youth as Resources Action Board, 2001-2006
- Co-Chair, Hamilton County Youth as Resources Action Board, 2001-2004
- Member, Pi Kappa Alpha Fraternity (Delta Xi Chapter) Housing Corporation and Alumni Receivership Board, 1997-2003

Overview
Key Matters
Insights
Speaking Engagements

Paul Sweeney practices in the Firm's Labor, Employment and Immigration Group and is a member of the Firm's Employment Litigation Group. During the course of his experience, Paul has had numerous bench and jury trials in state (Indiana and West Virginia) and federal (Indiana, Colorado and West Virginia) courts, participated in appeals before the U.S. Court of Appeals for the Fourth and Tenth Circuits, the Indiana Court of Appeals and the Indiana Supreme Court, and participated in oral argument before the Indiana Supreme Court (Brown v. Bucher and Christian Consulting Inc., 87 N.E.3d 22 (Ind. Ct. App. 2017), reh'g den, transfer den. (after oral argument)). Paul has also assisted clients in all facets of business/employment related planning, training, litigation, arbitration, and mediation. He has assisted clients with matters related to workplace violence restraining orders, temporary restraining orders and preliminary injunction proceedings and matters that involve non-compete agreements, Title VII, Section 1983, ADA/ADAAA, FMLA, FLSA, the Indiana Wage Payment and Claim Statutes and many others.

Paul graduated from Indiana University in 1994 where he received his Bachelor of Arts in economics and political science. He earned his juris doctor, magna cum laude, from the Indiana University Robert H. McKinney School of Law in 1997 and was a student note editor of the Indiana International and Comparative Law Review in 1996 and 1997. While in law school he interned for Chief Justice Randall T. Shepard of the Indiana Supreme Court and Magistrate Judge Ken Foster of the U.S. District Court, Southern District of Indiana.

Paul holds an "AV® Preeminent™ Rating" from Martindale-Hubbell. An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. Indiana Super Lawyer named Paul to its list of "Rising Stars" for 2009 - 2012. While up to five percent of lawyers in the state are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

Paul is admitted to practice law in the state of Indiana and before numerous federal courts throughout the United States.

Reported and Representative Cases

AmeriGlobe, LLC v. Althoff, Case No. 46A05-1708-PL-1845, 2018 WL 1474389 (Ind. Ct. App. 2018) (reversed and remanded verdict for Plaintiff, reducing award of $843,673.46 plus attorney's fees under breach of contract and Indiana Wage Claim Statute claims to $33,528.40 (and no award of attorney's fees) under breach of contract claim, only)
Brown v. Bucher and Christian Consulting, Inc. d/b/a BCforward, 87 N.E.3d 22 (Ind. Ct. App. 2017), reh'g denied, trans. denied (after oral argument) (Court of Appeals Opinion affirming trial court's granting of motion for partial judgment on the pleadings) (issues: meaning of amended Section 2 of the Indiana Wage Payment Statute ("WPS"), retroactive application of amendments to Section 2 of WPS, commissions not "wages" under WPS in this case and affirming of when parties sue under WPS v. Wage Claim Statute)
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) (Decision and Order granting Defendants' motion for summary judgment (FMLA and WFEA claims))
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))
Felice v. Republic Airlines Inc., No. 4:09-cv-071-JD, 2013 U.S. Dist. LEXIS 85745 (N.D. Ind., June 17, 2013)
Association of Flight Attendants-CWA, AFL-CIO v. Republic Airlines Inc., No. 1:11-cv-1221-TWP-MJD, 2012 WL 4103890 (S.D. Ind., Sept. 17, 2012)
Felice v. Republic Airlines Inc., No. 4:09-cv-0071-JD-APR, 2012 WL 162559 (N.D. Ind., Jan. 17, 2012)
Felice v. Republic Airlines Inc., No. 4:09-cv-0071-JD-APR, 2011 WL 703680 (N.D., Ind., June 7, 2011)
Thompson, et al. v. K.R. Drenth Trucking, Inc. et al., No. 1:10-cv-0135-TWP-DKL, 2011 WL 2446282 (S.D. Ind., June 15, 2011) (collective action)
Thompson, et al. v. K.R. Drenth Trucking, Inc. et al., No. 1:10-cv-0135-TWP-DKL, 2011 WL 649680 (S.D. Ind., Feb. 11, 2011) (collective action)
E.E.O.C. v. Polycon Industries, Inc., No. 2:09-cv-141, 2011 WL 4816230 (N.D. Ind., Oct. 11, 2011) (class action)
Harper v. Indiana Michigan Power Co., Civil Action No. 3:09-cv-176 JVB, 2010 WL 5423741 (N.D. Ind., Dec. 22, 2010) (Order Granting Defendant's motion for summary judgment (employment discrimination))
Douglas v. Frontier Airlines, Inc., No. 10-cv-00413, 2010 WL 3341231 (D. Colo., Aug. 24, 2010) (Order on motion to amend answer)
The Trustees of Indiana University v. Cohen, 910 N.E.2d 251 (Ind. Ct. App. 2009) (Order reversing trial court and granting Defendant's motion for summary judgment (breach of employment agreement claim))
Novey v, Heartland Home Finance, Inc., No. 06-cv-00031-MSK-BNB, 2008 WL 687361 (D. Colo., March 11, 2008) (Order denying Plaintiff's motion to set aside the defense verdict or for a new trial)
McCall v. Emerson Appliance Controls, et al., Civil No. 1:06-cv-0752-RLY-WTL, 2008 WL 111058 (S.D. Ind., Jan. 8, 2008) (summary judgment ruling in favor of Defendant (Frampton action))
Warpenburg v. Target Corp., No. 1:06-cv-00829-RLY-TAB, 2007 WL 2993988 (S.D. Ind., Oct. 11, 2007) (summary judgment ruling (various employment discrimination and retaliation claims))
Novey v. Heartland Home Finance, Inc., No. 06-cv-00031-MSK-BNB, 2008 WL 687361 (D. Colo. Mar. 11, 2008 (Order denying Motion to Amend Judgment or Grant New Trial (ADEA claim))
Novey v. Heartland Home Finance, Inc., No. 06-cv-00031-MSK-BNB, 2007 WL 2175025 (D. Colo. July 26, 2007) (Order on Motions in Limine)
McCall v. Emerson Appliance Controls, et al., Civil No. 1:06-cv-0752-RLY-WTL, 2007 WL 2020177 (S.D. Ind., July 5, 2007) (Entry on Plaintiff's Motion and Stipulation for Remand)
Abel, et al. v. Rockwell Automation, Inc., No. 4:04-cv-00184-DFH-WGH, 2007 WL 968761 (S.D. Ind., Feb. 23, 2007) (summary judgment ruling)
Taylor v. Community Hospitals of Indiana, Inc., 860 N.E. 2d 1200 (Ind. Ct. App. 2006), reh'g denied, trans. denied (affirming summary judgment for Defendant (Indiana Wage Payment Statute claim))
Huff v. UGI Corp., No. 1:06-cv-180, 2006 WL 2385286 (N.D. Ind., Aug. 16, 2006) (motion for judgment on the pleadings)
Trinity Homes, LLC v. Fang, 848 N.E. 2d 1065 (Ind. 2006) (submitted briefing on behalf of Amicus Curiae Builders Association of Greater Indianapolis, Inc. and the Indiana Builders Association)
Malone v. Indiana-Kentucky Electric Corp., Civil No. 4:04-cv-191-DFH-WGH, 2006 WL 3247907 (S.D. Ind., Aug. 17, 2006) (employment discrimination and retaliation claims)
Lopez v. Indiana-Kentucky Electric Corp., Civil No. 4:04-cv-0169-DFH-WGH, 2006 WL 3247892 (S.D. Ind., Aug. 17, 2006) (employment discrimination and retaliation claims)
Forte v. Connerwood Healthcare, Inc., 745 N.E.2d 796 (Ind. 2001) (Indiana Child Wrongful Death Statute)
Foster v. Evergreen Healthcare, Inc., 716 N.E.2d 19 (Ind. Ct. App. 1999) (Indiana Survival Statute)

Published In

Co-Chapter Chair, “Chapter 3 – Disparate Impact,” Employment Discrimination Law, 5th Edition, 2017 Cumulative Supplement, Bloomberg-BNA.
"Discrimination Claims: Focus on What Really Matters, Not a 'Rat’s Nest of Surplus Tests,'" published in Inside Indiana Business, October 24, 2016
Co-Author, "Recent Developments in Indiana Evidence Law: October 1, 2011 - September 30, 2012," 46 Ind. L. Rev. 1099, 2013
Co-Author, "Recent Developments in Indiana Evidence Law: October 1, 2009 - September 30, 2010," 44 Ind. L. Rev. 1207, 2011
Co-Author, "Recent Developments in Indiana Evidence Law: October 1, 2008 - September 30, 2009," 43 Ind. L. Rev. 773, 2010
Co-Author, "A Practical Guide for Indiana Lawyers Navigating the New HIPAA Privacy Rules," 2 Ind. Civ. Lit. Rev. 193, 2004
Co-Author, "Discovery in Nursing Home Litigation," 2002
"Abuse Misuse & Abrogation of the Use of Legislative History: Title IX & Peer Sexual Harassment," 66 UMKC L. Rev. 41, 1997

Speaking Engagements

"Calculation of Overtime Under the FLSA," Indiana Chamber of Commerce Wage and Hour Law Seminars -- July 27, 2017, July 28, 2016, July 23, 2015, July 24, 2014, July 25, 2013, July 26, 2012, July 27, 2011 and July 22, 2010
"Wage Garnishment, Child Support and Government Contractors," Indiana Chamber of Commerce Wage and Hour Law Seminar, July 22, 2009
Co-Presenter, "Litigation Avoidance: Investigate, Don't Retaliate," Indiana Chamber's 48th Annual HR Conference & Expo, May 1, 2012
Co-Presenter, "The Ever Changing Balancing Act," South Central Indiana Human Resource Association ("SCIHRA") 5th Annual Conference, April 20, 2012
"How does the FMLA Interact with Other Laws?" Administering the Family and Medical Leave Act, Lorman Education Services, December, 8 2011
Co-Presenter, "The Changing ADA: A Top 10 List," Indiana Hospital Association Legal Forum, October 28, 2011
Co-Presenter, "Investigate, Don't Retaliate! Proper Handling of Employee Complaints," Indiana State Council of SHRM, Annual Conference, August 30, 2011
"Calculation of Overtime Under the FLSA," Indiana Chamber of Commerce Wage and Hour Law Seminar, July 27, 2011
Co-Presenter, "Independent Contractor or Employee? Know the Difference or Pay the Consequences," 2010 Ice Miller LLP Alumni CLE Seminar, October 14, 2010
"Calculation of Overtime Under the FLSA," Indiana Chamber of Commerce Wage and Hour Law Seminar, July 10, 2010
"Reasons for Leave," Administering the Family and Medical Leave Act Under the Current Regulations, Lorman Education Services, March 5, 2010
"Preparing for the Rebound: Upsizing; Downsizing; Rightsizing - Employment Law Issues," Navigating Change: Strategic Leadership Series!, October 15, 2009
"Wage Garnishment, Child Support and Government Contractors," Indiana Chamber of Commerce Wage and Hour Law Seminar, July 22, 2009
"Reasons for Leave," Family and Medical Leave Act, Lorman Education Services, March 6, 2009
"Equal Pay and Child Labor Laws," Indiana Chamber of Commerce Wage and Hour Law Seminar, July 26, 2007
"Reasons for Leave," Family and Medical Leave Act, Lorman Education Services, October 20, 2006
"Equal Pay and Child Labor Laws," Indiana Chamber of Commerce Wage and Hour Law Seminar, July 13, 2006
"Employment Case Law Update," Midwest Employment Institute: Regional Employment, Benefits and Strategy Conference, June 6, 2006

Paul C. Sweeney

Senior Counsel Indianapolis

Paul C. Sweeney

Senior Counsel Indianapolis

Education

Admissions

Reported and Representative Cases

Ice TV

Firm Publications

Blog Posts

Published In

Speaking Engagements

Practices & Industries

Appellate Practice

Business Litigation

Collective Bargaining

Employment and Independent Contractor Agreements

Employment Discrimination and Civil Rights Law

Employment Litigation and Disputes

FMLA

Higher Education

Insurance

Labor, Employment and Immigration

Litigation

Unfair Labor Practices

Wage and Hour/FLSA

Wrongful Termination