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Litigation, Trials and Appeals...

Litigation, Trials and Appeals

The lawyers at Kahn, Dees, Donovan & Kahn understand that most people try to avoid litigation. However, during those times where a court battle is unavoidable, our lawyers have the expertise and grit to finish the fight. We have represented individuals, large and small businesses, and municipalities in State and Federal Courts, trying cases to judges and juries alike. Our diversified litigation practice will follow the case through mediation, arbitration, or trial, and into appeal, if necessary.

From commercial disputes to personal injury, real property disputes to estate/trust litigation, employment law to construction law, constitutional rights to intellectual property, our lawyers have the knowledge and skill to represent you effectively and efficiently in court. We are inventive and seek opportunities to resolve disputes when possible, but will take a hard-nosed approach when required.

Appellate Practice

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.

Bankruptcy Litigation

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.

Business and Corporate Litigation

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.

  • Commercial Litigation: 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.
  • 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.
  • Media and Public Relations Law: 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.
  • Partnership and Corporate Litigation: 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.
  • 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.
  • 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.
  • 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.

Civil Rights and Constitutional Litigation

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.

Construction Litigation

KDDK attorneys have decades of experience working directly with project managers to avoid disputes.  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 accomplish real time solutions, without litigation.

When litigation does become necessary or if mismanagement or unforeseen trouble threatens a construction project’s completion or financial feasibility, KDDK attorneys are well-versed at vigorously representing clients in the court system in construction defect, delay, disruption, inefficiency, and change order claims. We also have extensive experience enforcing contractors’ right to payment through mechanic’s liens and foreclosure lawsuits.

Consumer and Individual 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.
  • Estate and Probate Litigation: The lawyers at Kahn, Dees, Donovan & Kahn know that 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 Law: 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.
  • Guardianship Litigation: 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.
  • 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.
  • Tax Litigation: Kahn, Dees, Donovan & Kahn 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.

Creditor’s Rights and Collection Litigation

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 Litigation

Environmental Law is one of the fastest growing practice areas in Indiana. Our firm has one of the leading Environmental Law practice groups in the state. When environmental issues must be tried or appealed, our litigators have the knowledge and experience to successfully advocate our clients’ interests.

Healthcare Litigation

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 Litigation

  • Insurance Coverage: We have counseled individual and corporate clients on the issue of whether they are entitled to coverage under provisions of their insurance policy, including occurrence-based lost policy cases, as is common in environmental clean-up actions. Our attorneys also represent clients in bad faith denial of coverage and policy interpretation claims, and we pursue and defend declaratory judgment actions on behalf of our clients. We have represented companies, individuals and insurers in insurance disputes of all kinds and in both State and Federal courts.
  • Insurance Defense: Unfortunately, most of us at one time or another will be involved in an accident of some sort. When these accidents result in litigation, our lawyers zealously defend, not only the rights of the insurance company, but more importantly the rights of the insured. Kahn, Dees, Donovan & Kahn’s lawyers have tried these cases to judges and juries alike, and have had success even when the cause of the accident is undisputed. Whether it is a car accident, slip and fall, dram shop or food service liability, animal bite, home owners claim, director and officer liability, or employment practices liability insurance (EPLI) claim, we have experience litigating many types of claims.
  • Insurance Subrogation: Kahn, Dees, Donovan & Kahn assists insurance carriers and commercial businesses in recovering losses involving motor vehicle accidents, homeowner issues, and property damage claims. Our attorneys handle matters ranging from standard subrogation issues to complex commercial cases involving millions of dollars. Our attorneys handle these types of claims throughout Indiana and in several neighboring states, including Illinois and Kentucky. In addition, we have partnered with other law firms to protect our clients’ interests on a regional basis.

Labor and Employment Litigation

Over the last 25 years, perhaps no area of litigation has grown as dramatically as employment discrimination. Kahn, Dees, Donovan & Kahn has a team of litigators who have the skill to assist you in all of your labor and employment litigation needs. Our lawyers will guide you through complex employment issues, and work to be sure that you are effectively represented if a claim has been brought against you or your company.

Medical Malpractice Defense

The medical malpractice defense team works with primary care physicians, specialists, sub-specialists and other health care providers who practice in solo and group settings. When defending against medical malpractice claims, our attorneys work closely with professional liability carriers and a network of medical experts. The defense team is backed by the latest medical literature to ensure they are up to date on practice and procedure guidelines and other issues affecting the ever-changing health care environment.

Products Liability and Toxic Tort Litigation

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. This firm is very active in defending companies in litigation involving asbestos exposure.

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 frequently represent doctors, lawyers, accountants, architects and engineers in professional malpractice claims.

Real Estate Litigation

  • Real Estate: The litigators at Kahn, Dees, Donovan & Kahn have wide ranging experience representing clients facing real estate issues. Our lawyers represent individuals and financial institutions in foreclosures, secured and unsecured 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.
  • Condemnation and Eminent Domain: As government continues to build infrastructure throughout Indiana, 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.

Worker’s Compensation Litigation

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.