Litigation

When the best, or perhaps only, way to resolve a dispute is through the courts, you want KDDK litigators on your side.

KDDK lawyers possess the experience, expertise, and grit to tenaciously pursue the evidence necessary to prove our case at trial. Meanwhile, knowing that the cost of litigation is an important consideration, we also look for ways to resolve disputes early-on, such as through mediation or arbitration, when appropriate. Whatever the type of case, KDDK litigators provide vigorous representation, using the appropriate procedural tools to optimally position our client’s case and efficiently bring the matter to conclusion.

Types of Cases KDDK Litigators Regularly Handle:

Antitrust

Antitrust litigation is meant to break up monopolistic business practices to encourage competition within a particular industry. While this type of litigation is theoretically good for the individual consumer, it is generally not good for the business named as the defendant. Our lawyers have represented many different industries in a variety of private antitrust litigation. We work very closely with our clients to structure their business activities to avoid antitrust exposure, and when necessary, defend their interests in litigation.

Business and Corporate

No matter how well you have structured your business, you can never predict the course your business and business partners will take, or the events your business will face. Sometimes, this leads to corporate disputes that must be litigated. Our attorneys have experience in all types of business litigation, including corporate dissolutions, shareholder disputes, and partnership disputes.

Civil and Constitutional Rights

Litigation concerning constitutional rights has never been as pervasive as it is today. This results in hardships to public companies and private employers alike. Our lawyers have represented both individuals and municipalities regarding civil rights claims and constitutional challenges.

Condemnation and Eminent Domain

As government continues to build infrastructure, individuals and private businesses will continue to require capable litigators to defend their interests. Our lawyers have successfully represented a diverse range of clients in cases involving condemnation and eminent domain. We fight for fair compensation for our clients when their property is affected by governmental plans.

Construction

KDDK attorneys have decades of experience working directly with project managers to avoid disputes. Our team includes American Arbitration Association (AAA) Select Arbitrators and Fellows in the Construction Lawyers Society of America. We work swiftly and cost-effectively to resolve unpreventable disputes that arise. Our construction attorneys are experienced with arbitration, mediation, and other dispute resolution procedures commonly used to solve issues such as construction delay, defective material and workmanship claims. Our constant underlying goal is to help identify any issues early and address them promptly to achieve beneficial solutions, without the necessity of litigation.

In those instances when litigation becomes necessary, if mismanagement or unforeseen trouble threatens a construction project’s completion or financial feasibility, KDDK attorneys are well-equipped to swiftly and vigorously represent our clients in construction defect, delay, disruption, inefficiency, and change order claims. We also have extensive experience protecting and enforcing contractors’ right to payment through mechanic’s liens and foreclosure lawsuits.

Commercial Claims

Kahn, Dees, Donovan & Kahn regularly represents clients in a variety of complex commercial claims. Our attorneys handle cases involving the Uniform Commercial Code, corporate shareholder disputes, alleged unlawful lending practices, and alleged violations of consumer protection laws. We have represented large and small clients both before and during litigation. We understand that many businesses are accountable to shareholders, and we strive to help our clients make the most difficult decisions during commercial litigation.

Consumer Law

Kahn, Dees, Donovan & Kahn counsels and represents clients in lawsuits under Indiana’s lemon law and federal consumer protection laws such as Magnuson Moss. We have expertise in litigating cases involving the Uniform Commercial Code and a number of consumer-based laws in both state and federal courts.

Contract Litigation

The purpose of a contract is to memorialize an agreement between two or more parties. However, contract disputes arise every day. Whether it’s a construction contract, commercial contract, business contract, or personal contract, Kahn, Dees, Donovan & Kahn has experience with them all. Our firm has a rich tradition of representing individuals and businesses of all types in contract disputes ranging from the simple to the highly technical agreement. We often use alternative dispute resolution measures, such as mediation and arbitration to resolve these disputes, saving our clients time and money. However, when these measures have failed or are not available, we have successfully advocated our client’s interests through the trial and appellate processes.

Creditors' Rights and Bankruptcy

KDDK attorneys have extensive experience assisting businesses resolve financial instability issues. We represent the needs of creditors and investors in matters of varied complexity in the U.S. Bankruptcy Courts. The attorneys of Kahn, Dees, Donovan & Kahn will help your business through the financial instability and vigorously pursue assets for repayment of debt.

During tough financial times, it is more important than ever that business obtain payment for services rendered. The lawyers of Kahn, Dees, Donovan & Kahn recognize this and take an aggressive approach to the collection of debts by obtaining judgments, garnishing income and executing against assets to collect the money rightfully owed to our clients.

As a member of Meritas Law Firms Worldwide, KDDK has both the resources and the ability to assist our clients with matters not only in the Tri-State area, but throughout the United States and around the world. We have successfully defended companies and individuals in bankruptcy preference actions and other bankruptcy litigation in numerous jurisdictions.

Debt Collection

During tough financial times, it is more important than ever that business obtain payment for services rendered. The lawyers of Kahn, Dees, Donovan & Kahn recognize this and take an aggressive approach to the collection of debts by obtaining judgments, garnishing income and executing against assets to collect the money rightfully owed to our clients.

Environmental

Environmental law is one of the fastest growing practice areas in Indiana. With the breadth and depth of our experience, KDDK has one of the leading environmental law practice groups in the State of Indiana. When environmental issues must be tried or appealed, our litigators have the scientific knowledge and dispute resolution experience to successfully advocate our clients’ interests.

Estate and Probate

Losing a loved one is hard. It becomes even more difficult when the remaining family disputes the testamentary wishes of the deceased. However, with the aging baby boom generation and the ever growing distance between relatives, this type of dispute seems to be on the rise. Our attorneys have litigated these cases with a keen eye toward resolution and the special issues concerning familial relationships. However, our attorneys are also cognizant that there are times when a hard-nosed litigator must stand firm for his or her client. While we always search for the best solution, we will also stand our ground if it is in our client’s best interest.

Family

When family law matters cannot be resolved outside of court, Kahn, Dees, Donovan & Kahn attorneys are prepared to handle litigation concerning child custody, child support, divorce, adoption, and guardianships. We realize that to truly be a full-service law firm, we must be prepared to protect our clients’ personal, as well as business, interests.

Guardianships

In cases where a client’s family members have not prepared an estate plan and later become incapacitated, we counsel the family through the appointment of a guardian and in the administration and reporting of the guardian’s affairs to the court.

Healthcare

KDDK attorneys are frequently called upon to represent healthcare providers of all types, including hospitals, physician groups, physicians, mental health centers and nursing homes. We conduct a thorough review of the merits of each case and the anticipated costs of litigation, including alternative dispute resolution methods.

We understand that our clients desire and expect a successful outcome within a reasonable budget and proper time frame. Litigators at Kahn, Dees, Donovan & Kahn handle a wide array of disputes involving issues related to employment, civil rights, professional liability defense, defense of false claims act and qui tam claims, Medicare and Medicaid disputes, contract disputes, licensing and medical staff claims. We have represented doctors, patients and hospitals alike, and we understand the needs of the medical community.

Insurance

KDDK has a very strong practice dedicated to advising and representing clients in determining insurance coverage, resolving coverage disputes, defending the rights of the insured, recovering losses involving motor vehicle accidents, homeowner issues, and property damage claims, and other matters related to insurance.

Intellectual Property

Maintaining your intellectual property is important. Failing to protect it could be devastating for your business. Kahn, Dees, Donovan & Kahn has a highly specialized trademark and copyright practice. We understand that this type of litigation often requires emergency hearings and immediate response time. Lawyers in this group have effectively represented a wide variety of clients in trademark, copyright, unfair competition, and related matters.

Labor and Employment

Even with careful, proactive planning and implementation, workplace disputes arise and employers find themselves facing alleged discrimination that may involve age, gender, disability, religion, or race. Also in the balance is the management of fair practices concerning veterans’ rights, the implementation of workforce reductions and other sometimes-difficult issues.
KDDK has a team of litigators who have the skill to assist businesses of all sizes in all labor and employment litigation needs. If a claim is brought against you or your company, your KDDK attorney will manage the litigation from beginning to end, guiding you through complex employment issues and working to ensure you are effectively represented. As a result, the lawyer will thoroughly understand the circumstances of the case and the steps needed to resolve the problem.

Media and Public Relations

Lawyers at Kahn, Dees, Donovan & Kahn counsel and represent clients who are faced with concerns about media coverage and public relations law. We provide necessary “damage control” to mitigate misleading press coverage when our clients are in the news. We also provide litigation expertise in cases of invasion of privacy or defamation. Our lawyers also have experience providing counsel to media clients on issues such as the confidential source rule, access to public records, and their constitutional right to free speech.

Personal Injury

Most of us will be involved in an accident at some point in our lives. Sometimes, accidents result in physical and emotional injuries. When that occurs, Kahn, Dees, Donovan & Kahn, has fought hard to obtain fair compensation for those who have been injured due to someone else’s negligence. Our lawyers have the experience and expertise from years of trial work for both plaintiffs and defendants alike to guide you through negotiations with insurers, medical experts, and if necessary, through a trial to a court or jury.

Products Liability and Toxic Tort

Indiana’s Products Liability Laws can be a minefield for a lawyer who is not familiar with their nuances. Manufacturers and sellers of goods face extensive potential liability and irreparable damage to their reputation and the reputation of their particular product. This area of law is a mainstay for our trial lawyers. We have defended manufacturers in lawsuits involving machinery, automobiles, agricultural equipment, construction equipment, hobby equipment, household appliances, toys, and a diverse range of other products.

Professional Liability

Being a professional means that you often have to use your judgment in making important decisions for your clients. At times, the professional’s judgment is questioned. When that happens, our lawyers can help. Lawyers at Kahn, Dees, Donovan & Kahn represent doctors, lawyers, accountants, architects and engineers in professional malpractice claims.

Real Estate

The litigators at Kahn, Dees, Donovan & Kahn have wide ranging experience representing clients facing real estate issues. KDDK lawyers represent individuals and financial institutions in foreclosures, real estate loan disputes, landlord-tenant disputes, brokerage agreements, zoning, land use, and regulatory matters. Our real estate litigation involves representation in Indiana, Illinois, and Kentucky.

Risk Management

In most instances, our clients are best served by avoiding litigation. We firmly believe in risk management programs which are designed to minimize lawsuits or enhance our client’s defenses should litigation be unavoidable. Our lawyers can help your business maintain best practices for risk management, workers compensation, insurance coverage, among other areas to help maximize your protection while minimizing your exposure to liability.

Shareholder and Partner Disputes

The attorneys at KDDK have represented individual shareholders, companies, partnerships and all sizes of corporations in corporate litigation. From closely-held corporations to multi-million dollar companies, we’ve worked to protect them before and during litigation.

Tax

KDDK represents taxpayers in state and federal income tax, property tax, estate and inheritance tax, and sales and use tax matters. Our experience includes appearing before the IRS and Indiana Department of Revenue on audits and other matters, county boards, the Indiana Board of Tax Review, the Indiana Tax Court, the Indiana Supreme Court and the United States Tax Court.

Worker’s Compensation

Indiana’s workers compensation act requires special knowledge to effectively represent an employer when an employee claims a work related injury. Kahn, Dees, Donovan & Kahn represents employers in workers compensation actions brought against them by employees and medical providers in actions to recover for services provided in work-related injuries. Our attorneys regularly represent our client’s interests at single board member hearings, in appeals before the full Workers Compensation Board, and when necessary, appeals to the Indiana Court of Appeals.

Appeals

While we are prepared to prosecute or defend our clients in litigation, we also follow through to be sure the case is complete. Sometimes, this means following the case through the appellate process. Many of our litigators are admitted to practice before the United States Court of Appeals 6th and 7th Circuits, the United States Supreme Court, as well as the Indiana Court of Appeals and Indiana Supreme Court.

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