Recent and Significant Cases

The following provides a sampling of published court cases KDDK attorneys have assisted clients with during recent years. In most instances, published cases are appealed at a state level or higher and involve issues considered significant enough to publish in book form and in searchable databases for attorneys, law libraries and the public.

• Guzzo v. Town of St. John, 131 N.E.3d 179, (Ind. 2019).
  • Whether recent amendments to Indiana Code chapter 32-24-4.5 governing the procedures for transferring ownership of real property condemned through eminent domain from one private person to another allow for enhanced compensation.
• Church of the Brethren v. Roann Church of the Brethren, Inc., 20 N.E.3d 906 (Ind. Ct. App. 2014).
  • Whether a denomination was entitled to property of a congregation that broke away.
• Presbytery of Ohio Valley, Inc. d/b/a Presbytery of Ohio Valley, d/b/a Ohio Valley Presbytery and Synod of Lincoln Trails of the Presbyterian Church (U.S.A.), Inc., d/b/a Synod of Lincoln Trails, Inc. v. OPC, Inc. f/k/a Olivet Presbyterian Church, Inc., d/b/a Olivet Presbyterian Church, d/b/a Olivet Evangelical Presbyterian Church, and d/b/a Olivet Presbyterian Church of Evansville; Olivet Evangelical Presbyterian Church of Evansville, Inc., d/b/a Olivet Evangelical Presbyterian Church; Evangelical Presbyterian Church, d/b/a Evangelical Presbyterian Church of America, 940 N.E.2d 1188 (Ind. Ct. App. 2010) (Vacated); reversed and remanded by the Indiana Supreme Court, 973 N.E.2d 1099, 2012 Ind. LEXIS 638 (Ind. 2012); cert. denied, 133 S. Ct. 2022 (U.S. 2013).
  • Whether a congregation had any right, title, or interest in church property on which it was situated.
• Harness v. Parkar, 2012 WL 1134016 (Ind. Ct. App. 2012).
  • Subdivision neighbors brought action for declaratory and injunctive relief against lot owners, builder, and homeowners association following association’s approval of proposed home on lot.
• Cerajewski v. Kieffner, 2012 WL 1134017 (Ind. Ct. App. 2012).
  • Small claims court’s refusal to transfer venue was not interlocutory order appealable as a matter of right.
•  Canteen Service Co. of Indianapolis v. Ind. Dept. of Trans., 932 N.E.2d 749 (Ind. Ct. App. 2010).
  • Property owner’s inverse condemnation action against INDOT.
• In re Willett, 544 F.3d 787 (7th Cir. 2008).
  • When debtors moved to avoid judgment creditor’s lien, their interest in the property should have been valued at the fair market value of their fee simple interest at the time it was recorded, and should not have been based upon the interest debtors held when they filed their petition.
• Marshall & Ilsley Trust Company, N.A. v. Woodward, 848 N.E.2d 1175 (Ind. App. 2006).
  • As a matter of first impression, a remote contingent beneficiary who would receive trust principal only if settlor’s children died childless was entitled to trust accounting.
• Vaughn v. Daniels, 841 N.E.2d 1133 (Ind. 2006).
  • Whether a subcontractor’s employee injured during the construction of a coal preparation plant has a claim against the designer of the plant under the Indiana Product Liability Act.
• Univ. of So. Indiana Foundation v. Baker, 843 N.E.2d 528 (2006).
  • Construction of a will and the meaning of “personal property” in the context of the bequest.
• In re Boelson Trust, 843 N.E.2d 528 (Ind. 2006).
  • Interpretation of revocable inter vivos trust.
• Vaughn v. Daniels Co., 841 N.E.2d 1133 (Ind. 2006).
  • Injured coal worker brought products liability action against designer and owner of plant.
• Jurich v. John Crane, Inc., 824 N.E.2d 777 (Ind. Ct. App. 2005).
  • Employer granted summary judgment on employees’ products liability claims for mesothelioma.
• American General Finance Management Corp. v. Watson, 822 N.E.2d 253 (Ind. Ct. App. 2005).
  • Employee sued corporate parent and two of its subsidiaries for wrongful termination, breach of employment contract, and violation of state wage claims statute, relating to termination of employment after employee transferred from one subsidiary to another and failure of transferee subsidiary to perform alleged promise to pay bonus earned by employee when he worked for transferor subsidiary.
• Knoy v. Cary, 813 N.E.2d 1170 (Ind. 2004).
  • Indiana Product Liability Act statute of repose bars claims against manufacturers of asbestos-containing products if narrow exception is not met.
• Airgas Mid-America, Inc. v. Long, 812 N.E.2d 842 (Ind. Ct. App. 2004).
  • Interpretation of the Indiana accountant-client privilege.
• MPACT Construction Group, LLC v. Superior Concrete Constructors, Inc., 802 N.E.2d 901 (Ind. 2004).
  • Construction/contract law. Issues presented were whether subcontractors were required to submit their mechanics lien and breach of contract claims to arbitration because the subcontractors’ contract with the general contractor incorporated the arbitration provision in the contract between the general contractor and the owner. These cases also addressed the applicability of the Federal Arbitration Act in determining that issue.
• Kifer v. Ellsworth, 346 F.3d 1155 (7th Cir. 2003).
  • Inmate unsuccessfully sought motion to intervene in class action lawsuit.
• Black v. AC&S, 765 N.E.2d 1084 (Ind. Ct. App. 2003).
  • Shareholder brought suit against AC&S, alleging various tort claims, and was forced to have them heard in arbitration.
• Alexander v. PSB Lending Corp., 800 N.E.2d 984 (Ind. Ct. App. 2003).
  • Consumer/banking law. This case was a consolidation of nine putative class actions. It involved alleged excessive mortgage loan origination fees. The issues presented were whether the borrowers had standing to sue purchasers of the loans and whether the Indiana Uniform Consumer Credit Code allowed origination fees in excess of 2% of the principal as long as the total of all finance charges did not exceed 21% of the principle. Debtors did not have standing to bring Indiana Uniform Consumer Credit Code claims against creditors.
• Black v. ACandS, Inc., 785 N.E.2d 1084 (Ind. 2003).
  • Widow brought wrongful death and loss of consortium claims against providers of asbestos products.
• Harris v. A.C. & S., Inc., 785 N.E.2d 1087 (Ind. 2003).
  • Spouses and estates of workers brought products liability actions against companies engaged in production or sale of asbestos.
• Martin v. ACandS, Inc., 768 N.E.2d 426 (Ind. 2002).
  • Wrongful death action brought by surviving spouse against manufacturers and sellers of products that contained asbestos.
• Austin v. Vanderburgh County Sheriff Merit Com’n, 761 N.E.2d 875 (Ind. Ct. App. 2002).
  • No right of due process in administration of promotional testing for sheriff’s duty.
• Tinner v. United Ins. Co. of America, 308 F.3d 697 (7th Cir. 2002); ); cert. denied, 123 S. Ct. 1623 (2003).
  • African-American employee could not “piggyback” Title VII claims relating to a series of alleged discrete discriminatory acts to a timely filed wrongful termination claim to form a continuing violation claim and employer’s proferred reasons for use of a preemptory challenge to eliminate member of jury panel were race neutral and not pretextual.
• Ross Bros. Constr. Co., Inc. v. Int’l Steel Services, Inc., 283 F.3d 867 (7th Cir. 2002).
  • Arbitration clause contained in construction contract prevents trial court from ordering release of mechanic’s lien.
• Lewis v. Holsum of Fort Wayne, Inc., 278 F.3d 706 (7th Cir. 2002).
  • Whether the Family and Medical Leave Act applied to the facts. Also alleged retaliatory discharge.
• Doerner v. Swisher Intern, Inc., 272 F.3d 928 (7th Cir. 2001).
  • Surviving spouse brought action against cigar manufacturer under the Indiana Products Liability Act.
• Fulk v. Allied Signal, Inc., 755 N.E.2d 1198 (Ind. Ct. App. 2001).
  • Widow brought wrongful death and loss of consortium claims against providers of asbestos products.
• Schmitt v. U.S., 203 F.R.D. 387, (S.D.Ind. 2001).
  • Landowners held fee simple interest in railroad right-of-way for which class certification granted in suit against government for taking without just compensation.
• Finley v. Johnson Oil Co., 199 F.R.D. 301 (S.D. Ind. 2001).
  • Non-party medical provider motion to quash subpoena in ADEA claim.
• Felsher v. University of Evansville, 755 N.E.2d 589 (Ind. 2001).
  • University brought invasion of privacy action against former professor as a result of professor’s actions in creating websites and e-mail addresses which gave appearance of belonging to university officials and directing e-mail recipients to visit websites he created.
• Doerner v. Swisher Int’l, Inc., 272 F.3d 928 (7th Cir. 2001).
  • Ex-wife plaintiff of ex-husband who died of cancer was not a user or consumer of cigars or a bystander under the Indiana Products Liability Act (IPLA); mental distress does not qualify as a physical harm under the IPLA; ex-wife could not maintain a loss of consortium claim after termination of the marriage by State law.
• Hitachi Constr. Machinery Co., Ltd. v. AMAX Coal Co., 737 N.E.2d 460 (Ind. Ct. App. 2000).
  • Tort action may not be brought against product manufacturer when product only damaged itself; any claim lies in warranty.
• Holtz v. J.J.B. Hilliard W.L. Lyons, Inc., 185 F.3d 732 (7th Cir. 1999).
  • Sister of deceased customer of brokerage sued the brokerage for negligence in connection with an alleged failure to change beneficiary designations on an IRA as desired.
• North Park Cinemas, Inc. v. State Bd. Of Tax Com’rs, 689 N.E.2d 765 (Ind. Tax 1997).
  • Taxpayer sought obsolescence depreciation adjustment due to its property’s seasonal and singular use as movie theater.
• Alexander v. City of Evansville, Indiana, 120 F.3d 723 (7th Cir. 1997).
  • Employees brought action against their employers alleging they were denied overtime compensation in violation of the Fair Labor Standards Act.
• N.L.R.B. v. Champion Laboratories, Inc., 99 F.3d 223 (7th Cir. 1996).
  • Employer free speech rights.
• Umpleby v. Potter & Brumfield, Inc., 69 F.3d 209 (7th Cir. 1995).
  • Former employee sued former employer under the Age Discrimination in Employment Act.
• Cleveland v. Porca Co., 38 F.3d 289 (7th Cir. 1994).
  • Breach of collective bargaining agreement and duty of fair representation.
• Pedro Enterprises, Inc. v. Perdue, 998 F.2d 491, (7th Cir. 1994).
  • Under ERISA’s regulation of qualified profit-sharing plans, anti-nuptial agreements do not waive spouse’s right to survivor benefits.
• Hogge v. Champion Laboratories, Inc., 546 N.E.2d 1025 (Ill.App. 1989).
  • Employee handbook did not constitute a contract or change employment at-will status.
• Union Federal Sav. Bank v. Chantilly Farms, Inc., 556 N.E.2d 9, (Ind.App. 1 Dist. Jun 26, 1990).
  • Banks seek declaratory judgment of their “liability, if any” under applicable statutes for conversion of checks payable to corporation on endorsement of corporate general manager.
• Schlumberger Tech v. Blaker, 859 F.2d 512, (7th Cir.(Ind.) 1988), 623 F. Supp. 1310 (S.D.Ind., 1985).
  • Former employee was not entitled to benefits since they were contingent upon former employee following non-compete covenant.
• Romain v. A. Howard Wholesale Co., 506 N.E.2d 1124 (Ind.Ct.App. 1987).
  • Contract interpretation for method of exercising option by mailing the option-exercise payment on the date of the option’s expiration.
• City of Evansville v. International Association of Fire Fighters, Local 357, 516 N.E.2d 57 (Ind. 1987).
  • The Indiana Supreme Court held that the statute establishing a merit system for police and fire department was the exclusive statutory method by which a city could establish a merit system for its fire or police departments.
• Schlumberger Well v. Blaker, 623 F.Supp. 1310 (S.D.Ind. 1985).
  • Payment of approximately $100,000 upon termination of manager was not substantial consideration for compliance with a covenant not to compete for geographical restraint encompassing the entire North American continent.
• International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Hoosier Cardinal Corporation, 383 U.S. 696 (86 S.Ct. 1107, 16 L.Ed.2d 192).
  • Application of statutes of limitations in labor relations cases.