Indiana Business & Complex Litigation Lawyers
"The cases we litigate generally involve technical and complex matters"
Our firm has litigated some of the most challenging and complex cases in Indiana history. Our litigation work includes:
For example, we defended a landfill operator in a toxic tort lawsuit pressed by scores of plaintiffs seeking more than a billion dollars in damages and obtained judgment on all claims.
- Class actions
- Product liability claims
- Construction defect claims
- Personal injury cases
We obtained a favorable settlement for shareholders in a securities fraud case we litigated in the U.S. District Court for the Southern District of Georgia. We represented the State of Indiana in its successful tobacco litigation, in which the state obtained more than $4 billion.
Some of our complex litigation matters bring us into conflict with government agencies. For example, where environmental regulators sought to require a foundry to install air emission containment equipment whose cost would have put it out of business, we defeated the Clean Air Act enforcement action.
In another case we defeated the State’s efforts to retroactively enforce new exclusionary environmental legislation (Chemical Waste Management). And on behalf of one client we obtained a $16 million judgment against the state, though later reversed, for breach of its obligations under a consent decree.
In other matters, our Indiana business litigation lawyers work closely with government agencies. For example where environmental groups challenged the U.S. Army’s decision to transport the components of chemical weapons from Indiana to our client’s out-of-state location for destruction, we defeated the environmental groups’ efforts to obtain injunctive relief blocking the transport (Sierra Club).
We worked together with the Indiana Department of Natural Resources to defend the floodway construction permit the Department had issued to our client, a real estate developer.
Our practice involves defending as well as prosecuting claims. This variety sharpens our capacity to assist clients well whether they are plaintiffs or defendants. The firm has defended and is defending a number of high profile products liability and toxic tort cases.
We regularly handle complex litigation matters involving environmental and other technical topics. Our business litigators include attorneys with science backgrounds, including degrees in chemistry, biology and engineering.
We routinely consult with experts on environmental remediation strategies, groundwater and air quality modeling, hydrogeology, toxicology, and a range of other areas. We file and defend challenges to expert witness testimony in Daubert and related hearings in state and federal court.
Our business litigation practice is often on the cutting edge nationally. We brought the first class actions in the early 1990's challenging bank overcharging in adjustable rate mortgages and in escrow accounts. This litigation took us to trial and appellate courts across the United States. This class action experience has been applied in Indiana as well.
We have obtained multi-million dollar recoveries for classes of homeowners and business owners for damages from mold arising from different causes. We have successfully opposed class certification, for example in a case involving the alleged impact of solvent contaminated groundwater on a residential subdivision.
Our complex litigation cases frequently concern novel issues such as:
- Whether an asymptomatic plaintiff may recover damages for a toxic tort exposure
- Whether liability for bodily injury or property damage may be imposed under common law environmental theories such as nuisance
- Trespass and strict liability for ultra-hazardous activities
- Which statutes of limitation apply to different types of common law and statutory claims
- What circumstances allow a claimant to seek relief in court without exhaustion of administrative remedies
We are well known for our appellate work. In addition to numerous landmark cases in the insurance coverage area, we have successfully argued appeals in both the state and federal appellate courts. One case established the proper standard for administrative review of agency decisions (United Refuse). Another extended pre-emption to prevent local “target zoning” to exclude unpopular businesses (Triple G). Another appeal established that violations of safety regulations can constitute negligence per se. (Town of Montezuma).
In every appeal, whether the issue is novel or well settled, we present our arguments in a thorough, precise, helpful fashion. That hard work has earned praise from the bench and a reputation for effective appellate advocacy.
Alternative dispute resolution also is central to our complex litigation practice. Several of our Indiana business litigation lawyers are certified as civil mediators, and Chris Braun teaches alternative dispute resolution at the Indiana University Robert H. McKinney School of Law in Indianapolis. All of our litigators participate regularly in mediations. We have resolved claims in scores of successful mediations, many with dozens of participants and complex issues. Throughout our representations of plaintiffs and defendants we strive to obtain settlements that serve our clients’ interests and curtail their litigation risks and costs.