Fred Emhardt has more than three decades of trial experience representing plaintiffs and defendants in a range of complex litigation matters, including policyholder insurance coverage disputes, contract disputes, products liability claims, and environmental matters. A number of published opinions reflect Fred’s skill as an advocate. They include two important cases construing the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), Rumpke of Ind., Inc. v. Cummins Engine Co., Inc., 107 F.3d, 1235 (7th Cir. 1997)and Bernstein, et al. v. Bankert, et al., 702 F.3d 964 (7th Cir. 2012), cert denied, 134 S. Ct. 1024 (2014). In other environmental litigation, Fred’s work at trial against a major oil company recovered double damage verdicts for waste under Michigan law in favor of his client landowners aggrieved by abandonment of former gasoline station properties by the tenant.
Fred also assists health care providers in insurance and business litigation matters. This work includes Indiana Spine Group, P.C. v. Pilot Travel Centers, LLC, 931 N.E.2d 435 (Ind. 2010), in which the Indiana Supreme Court overruled several decisions of the Indiana Workers Compensation Board relating to the statute of limitations on provider fee claims. Over the past seven years Fred has represented Indiana Spine Group surgeon/inventor, Dr. Rick Sasso, in two multi-day arbitrations and a month long jury trial in the Marshall County Circuit Court against medical device manufacturer, Medtronic, that resulted in two separate arbitration awards in favor of Dr. Sasso in 2015 and 2016 and a verdict in the amount of $112,452,269. The verdict, entered on November 28, 2018, may be appealed.
Fred has also developed an estate planning practice and has assisted a variety of clients with wills, trusts, and other probate matters.
- 2017-2018, Named as Best Lawyers® “Lawyer of the Year” Insurance Law Indianapolis
- 2016-2017, Named as Best Lawyers® “Lawyer of the Year” Insurance Law Indianapolis
- 2012-2018, Listed in Best Lawyers in America®
- J.D., 1985, University of Colorado
- B.A., 1982, magna cum laude, Economics, Wabash College
- State of Indiana, 1985
- Southern District of Indiana, 1985
- Northern District of Indiana, 1985
- United States Court of Appeals for the 7th Circuit, 1991
- Bernstein, et al. v. Bankert, et al., 702 F.3d 964 (7th Cir. 2012), cert denied, 134 S. Ct. 1024 (2014)
- Bitler Inv. Venture II, LLC, et al. v. Marathon Petroleum L.P., et al., 741 F.3d 832 (7th Cir. 2013)
- Indiana Spine Group P.C. v. Pilot Travel Centers LLC, 959 N.E.2d 759 (Ind. 2011) Established a 10 year statute of limitation from date of service on health provider fee adjustment claims before the Indiana Worker’s Compensation Board, which had been applying a two year limit from the date of employee injury to deny all such claims, even those where treatment was rendered more two years after injury. Indiana’s General Assembly then enacted a specific statute of limitation for provider fee claims.
- Allstate v. Dana Corp., 759 N.E.2d 1049 (Ind. 2001) Obtained a case dispositive summary judgment ruling, which was then appealed and used to establish principles of the “all sums” as opposed to “pro rata” allocation of damages in environmental claims.
- Rumpke of Ind., Inc. v. Cummins Engine Co., Inc., 107 F.3d, 1235 (7th Cir. 1997)
- Hartford Accident. & Indem. Co. v. Dana Corp., 690 N.E.2d 285 (Ind. Ct. App. 1997)
- Karn v. Ingersoll-Rand Co., 168 F.R.D. 633 (N.D. Ind. 1996)
- Member, Indianapolis Bar Association, Environmental Law and Litigation Sections
- Member, Indiana State Bar Association, Environmental Law and Litigation Sections
- Member, Seventh Circuit Bar Association
- Board of Directors, Central Indiana Tennis Foundation
- Member, Penrod Society, 1992-present
- Youth soccer and basketball coach, First Baptist Athletics, Indianapolis, Indiana
- Commissioner, Tennis, 2001 World Police and Fire Games, Indianapolis, Indiana
- Member, Board of Directors, Park Tudor Alumni Association, 1991-1995
- Assistant Commissioner, Soccer, 1987 Pan Am Games, Indianapolis, Indiana
- Summerlakes Property Owners Association (Board Member 2007-2010, President 2009, 2010)
- Mentor, Starfish Initiative, 2010
- Second Presbyterian Church, Men’s Steak Dinner, Chairman 2010 and 2011; Deacon 2012
2013 | Speaking Engagement
Speaker, “Interpreting Coverage” and “Calculating and Proving Loss” Insurance Law 2013 (National Business Institute, February 28, 2013)
2012 | Speaking Engagement
Speaker, “Why Lincoln Was A Lawyer”, Eman Schools in Fishers, Indiana, Indiana State Bar Association, Young Lawyers Section Outreach Program
2010 | Speaking Engagement
Speaker, “Deposition Skills, Winning Before Trial.”
2009 | Speaking Engagement
Speaker, “Insurance Coverage Law,” National Business Institute
2008 | Speaking Engagement
Speaker, “Deposition Skills, Winning Before Trial: The 10 Keys to Winning Depositions,” Indiana Continuing Legal Education Forum