Tag Archives: BATEN

Commercial

Mediated dispute involving claims against equipment manufacturer for alleged defects causing vast cost overruns on major contract with Northern Pacific utility company to inspect 58 million feet of gas distribution system.

Real Estate

Resolved claims alleging fraudulent transfers of real estate under Uniform Voidable Transactions Act

Insurance Coverage

Mediation of 8-figure coverage dispute involving contamination of 6 million pounds of cheese.

Civil Rights – Fair Housing Act

Resolved FHA claims alleging hundreds of violations at large apartment complex.

Transportation

Mediated multi-million dollar transport of “heavy haul” equipment across multiple state lines.

Real Property

Resolved claims by commercial lessor against affiliated entities and individuals of bankrupt lessee alleging fraudulent transfers and pricing of corporate work.

Insurance – Brokerage

Resolved various disputes between insurance brokers and brokerage owners and employees.

Construction

Resolved design and construction claims involving 146 issues in HVAC system in new school building.

Trademark/Copyright

Resolved thousands of claim of copyright infringement brought by national home design firm against scores of home builders.

Insurance Coverage

Resolved claims involving construction of Indianapolis airport.

Insurance Coverage

Resolved dispute regarding whether or not large class action settlement was a covered claim or excluded as an”Inadequate Compensation” claim.

Insurance — Umpire

Served as umpire to resolve all types of insurance claims

Product Liability

Mediation involving injuries sustained on skid-steel loader, including sufficiency of driver restraints on construction-type vehicles.

Automotive

Resolved claims involving departure by management of auto parts supplier to open competing business.

Franchise

Resolved claims and counterclaims involving copyright and trademark infringement related to monthly magazines

Commercial

Resolved claims involving storage and distribution of food products to large national warehouse clubs.

Class Action

Resolved class action against bank for alleged violation of notice provisions concerning repossession of automobiles under Art. 4 of UCC.

Partnership

Resolved over a dozen lawsuits stemming from fight between partners concerning investment properties and construction costs and overruns.

Personal Injury

Resolved claim post trial involving 8-figure verdict in favor of driver severely injured when struck by semi.

Partnership

Resolved break-up of two person partnership owning dental practice with 8-figure annual revenues.

Construction

Resolved various claims and counterclaims related to construction of large self-storage facility.

Financial Institutions

Resolved dispute between financial advisor and financial institution over large commissions from sale of variable annuities.

Coverage

Resolved coverage claims related to specialty environmental policy at former 1100 acre mining facility in California.

Commercial

Resolved claims and counter claims related to construction of nine-figure gas pipeline

Healthcare

Dispute involving break up of partnership providing nurse practitioners and medical services (including stem cell treatments) to chiropractic offices and patients.

Personal Injury

Resolved claims against casino hotel by patron alleging serious injuries from accident in hotel room.

Products Liability

Resolved wrongful death claim involving worker crushed into ceiling atop aerial scissors lift.

Healthcare

Resolved claims involving allegations by hospital that competitor hospital — and owner of ambulance service — was diverting traffic of emergency medical services to its own hospital.

Personal Injury

Mediation involving electric shock injury during construction of race course.

Insurance Coverage

Environmental coverage matter involving PCB and other contamination at large industrial rail facility.

Insurance Coverage

Resolved claims by City and Sanitary District for coverage of remediation of landfill, wherein insurers argued known loss, expected/intended, no occurrence, late notice and that costs to close site are ordinary costs of operating a landfill.

Not-for-Profit

Resolved dispute between non-profit organizations regarding proprietary rights to successful annual fund raising event developed as joint venture.

Real Property

Resolved claims and counter-claims between non-profit and property owners of building chosen as home to museum and library of famous Indiana author.

Financial Institutions

Orchestrated resolution of complex restructuring of commercial properties among owners, lenders, guarantors, and loan services.

Commercial

Resolved claims by purchasers of metallurgical coal against coal supplier they allege breached agreement to sell during period when coal prices were surging, resulting in 8-figure damages.

Insurance Coverage

Resolved claims for coverage of significant property damage and mold remediation stemming from broken pipe dumping over a half million gallons of water into theater.

Construction

Resolved seven-figure claims for delaying acceleration by contractor at large public works project in Evansville.  Bases for claims included late issuance of notice to proceed, historic rainfall, and unplanned utility interference.

Insurance — Fire Damage

Claim of bad faith by insured who received $3.4 million in insurance proceeds after business fire, but alleged proceeds arrived too late to save business du to a pre-textual arson investigation.

Financial Institutions

Claims against financial institutions alleging improper denial of loan modifications under Home Affordable Modification Program (“HAMP”), included breaches of Trial Plan Period (“TPP”) Modification Agreement and protocols.

Insurance Coverage

Dispute between Fortune 500 companies involving whether Buyer or Seller is responsible for substantial environmental clean up of subsidiary company sold 40 years earlier.

Healthcare

Resolved dispute between hospital and radiology group to which it outsourced its radiology services.  Issues included staffing of on-site services as well as timely performance of tele radiology services.

Insurance Coverage

Resolved matter involving claims for coverage at notorious Superfund site.  Claims by insured included costs for remediation to residential levels, even though site had been used as junkyard/recycling facility for many years.

Dram Shop

Resolved dram shop claim against local tavern when patron with .28 BAC struck pedestrian resulting in serious injury and $500,000 in medical bills

Construction

Resolved claims agains design-builder by owner who paid $30 million in renovation costs on family estate, including whether the structures needed to be ADA accessible to accommodate corporate functions and guests.

Products Liability

Claims by asbestos-related manufacturer against excess carrier who did not participate in a 9-figure CIP Agreement.

Construction

Claims by city against engineers regarding waterfront development and damages to inlet and property caused by storms.

Construction

Resolving various disputes on multiple contracts between multi-national cement/aggregate company and contractor regarding time-sensitive work at various plants.

Environmental

Resolved ELA and UST claims brought by current owner of a commercial property against former owner who inherited but did not use UST’s.

Transportation

Resolved claims involving post-closing adjustments regarding purchase and sale of large trucking company.

Legal Malpractice

Resolved claim against firm for missing deadline to respond to adversary’s motion for summary judgment on defensible claim, resulting in damages of $2,000,000.

Class Action

Resolved class action claims alleging noxious odors from factory potentially affecting over 6,000 households.

Real Estate

Resolved claims by landlord for breach of lease and consequential damages alleging anchor tenant’s departure necessitated expensive redevelopment of mall.

Automotive

Claims involving paralysis and significant medical expenses alleging failure of seat belts and airbags to properly deploy in roll-over crash

Malpractice — Errors & Omissions

Resolved dispute between Owner General Contractor of shooting gallery and Engineer reading representations about sound levels

Commercial

Resolved claim by subcontractor for breach of contract and tortious interference when it was replaced by another sub on $180 million public works project

Personal Injury

Resolved claim of man who lost arm in accident when government worker went wrong way down one-way street.

Real Estate

Resolved claims between farming organization and landowner related to various farmland and equipment agreements, including claims that soil was depleted through improper fertilization over term of lease.

Construction

Resolved claims between owner, general contractor and major subcontractor regarding construction of 8-figure retail facility.

Government

Civil rights allegations against Dept. of Child Services alleging wrongful proceedings and attempts to remove children from home based on unsubstantiated report from parents’ disgruntled employee.

Health Care

Resolved disputes involving medical billing contracts and contractors.

Class Action

Resolved class action claims against multi-national corporation alleging violation of Telephone Consumer Protection Act (TCPA) involving millions of faxes and $3 billion in potential damages.

Tax

Resolved claims between manufacturing company and equipment leasing company regarding responsibility for significant personal property taxes over several years.

Employment

Resolved various claims by employees who paid health insurance premiums through employer on policies that were cancelled for non-payment.

Insurance Coverage

Resolved buyout by insured PRP of certain coverage related to large Superfund site

Insurance Coverage

Resolved claims by PRP Group involving coverage under specialty environmental policy of infamous Superfund site

Environmental

Environmental claims agains manufacturers of dry cleaning equipment.

Personal Injury

Resolved personal injury claims related to school bus crash

Construction

Resolved claims involving failures at large civil engineering project leading to complete re-design and re-construction after project was in use for one month.

Insurance Coverage

Resolved dispute over coverage of defense costs incurred by city to defend multi-faceted and tangentially-related claims.

Employment — Non-Compete

Resolved claims by surgical device manufacturer against former sales representative alleging breach of non-competition and non-solicitation covenants.

Construction

Mediation involving various problems with roof over natatorium.

Telecommunications

Resolved matter involving installation of network systems for wireless carriers.

Construction

Resolved dispute regrinding issues with structural steel during construction of large distribution facility in Moren Valley, California

Construction

Resolved disputes involving construction of overpasses on Route 31 in Carmel, IN.

Breach of contract

Dispute relating to theft of back-up tapes containing confidential information of tens of thousands of organization members.

Construction

Breach of contract claim related to successful 9-figure teaming bid on I-69 extension brought by subcontractor who ultimately was not used on the project.

Transportation — Boat

Mediated numerous claims related to completion and seaworthiness of luxury houseboat

Real Estate

Resolved dispute between homeowners and lakefront resort regarding claims that loud music interfered with sleeping and other enjoyment of their properties.

Insurance — Broker

Resolved claims by policyholder against broker after fire alleging failure to procure requested increase and breach of duty to advise that coverage was substantially inadequate to cover losses from fire.

Civil Rights — Correctional Facility

Inmate at prison died from alleged neglect by prison guards after he collapsed from asthmatic attack in prison recreational area.

Construction

Resolved dispute over sufficiency of concrete floor at large automotive manufacturing facility.

Automotive — Dealership

Various disputes between dealer and manufacturing alleging breaches related to facilities agreement and lost sales due to alleged wrongdoing by manufacturer

Healthcare

Resolved claims related to trade secrets and non-compete and non-solicitation covenants involving hospice service providers.

Technology

Resolved claims involving failures in management software system at large apparel manufacturer.

Commercial

Resolved claim by shareholder at new restaurant concept after controlling shareholders started a second location without including shareholder in new ownership structure.

Automotive

Mediated dispute between manufacturer and dealer over termination proceedings and metrics to determine acceptable versus unacceptable performance.

Insurance Coverage

Resolved coverage to INDOT and general contractors of large highway project related to claims stemming from explosion near joist resulting in catastrophic burns and $8 million in medical expenses.

Construction

Resolved claims and counterclaims involving “hot top” services and damages at large steel mill.

Premises Liability

Resolved claims by spectators at major motorsports event involving shooting and beating at campground sponsored by track.

ERISA

Resolved claim involving termination of long-term disability benefits

Automotive

Resolved multi-death accident matter involving “service loaner vehicle” and dispute over which insurance policies of dealer or manufacturer may or may not be triggered.

Construction

Resolved various claims involving large conveyor project at auto manufacturing plant

Environmental

Resolved claims related to explosion at wastewater treatment facility, including construction and design issues regarding escape of methane gas.

Financial Institutions

Resolved suit on remand from the 7th Circuit alleging violations of RESPA and FCRA and involving multiple properties.

Government

Resolved claim against state department of corrections regarding alleged rape by prison guard of women in Special Needs Unit.

Personal Injury

Resolved claims for severe injuries resulting from accident with county snow plow after it failed to yield at stop sign

Personal Injury

Resolved 8-figure personal injury claim where young man was trapped in burning vehicle after being hit by truck at 55 mph while stopped at traffic light.  Significant injuries included 2nd and 3rd degree burns to 35% of his body, arachnoiditis, and depression, as well as scores of follow up surgeries throughout his lifetime.

Transportation

Resolved claims and counterclaims between trucking company and lawyer related to transport of two large structures from Canada to Iowa.  Claims included several hundred thousands in cover damages and consequential damages for several month delay in shipment.

Asbestos

Mediated claims by large boiler maker for coverage under $300 million insurance program stemming from 63,000 underlying asbestos claims.

Taxation

Resolved dispute regarding 5 years of assessments on large food processing plant (including dispute as to whether facility should be treated as a “special purpose” property).

Real Estate

Mediated claims between buyer and seller of industrial property as to who is responsible for environmental remediation.

Transportation

Resolved death claim by estate of 12  year old girl who was ejected and killed from tractor trailer while a passenger in semi that her father was driving for work.

Medical Malpractice

Resolved claim involving allegations of malpractice related to vasectomy with complications leading to testicular removal and hypogonadism

Environmental

Resolved subrogation claim among various insurers of dry cleaner related to environmental contamination over a 40 year period

Partnership

Resolved claims related to founding partner’s departure from large commercial real estate brokerage

Wrongful Death

Wrongful death claim against major speedway related to a murder that occurred during pre-race festivities.

Real Estate

Dispute between lender and title insurance company related to discrepancies between the grantor/grantee and mortgagor/mortgagee indexes and who has a priority interest in multiple properties

Partnership

Claim by former partner for his share of lucrative business venture that was not consummated until after he left partnership

Environmental

Claim by developer against utility company for economic impacts to property that was former site of a manufactured gas plant

Wrongful Death

A claim against manufacturer of space heater brought by parents of 2 year old who died of heat asphyxiation while sleeping

Insurance Crime Coverage

Resolved claims for coverage under various policy provisions related to misappropriation of $280 million by a corporate officer of insured.

Transportation

Resolved claims related to defective tanker truck.

Health Care

Resolved lawsuit against mental health facility alleging that a patient was severely beaten during its care.

Class Action

Resolved class action involving alleged overcharges by water and sewer utility.

Construction

Resolved claims of construction defects and design defects related to construction of building in seismic area — including claims stemming from evacuation of building for several months during repairs.

Racing

Resolved claims and counterclaims between driver and team resulting in mid-season termination of contract.

Construction

Resolved claim involving construction of new hospital

Business

Resolved claim by national provider of graduation products against long-time sales representative alleging conversion, fraud, and unfair competition in addition to seeking permanent injunction from competition by sales rep.

Insurance Coverage

Mediated dispute involving insurance coverage for $55 million settlement of class action against large municipality related to strip searches and cavity searches as part of jail admission process.

Class Action

Mediated dispute involving insurance coverage for $55 million settlement of class action agains large municipality related to strip searches and cavity searches as part of jail admission process.

ERISA

Resolved claim by doctor who was denied significant long-term disability benefits provided by her employer.

False Claims Act

Resolved False Claims Act claims against large medical practice alleging fraudulent billing practices to Medicare and Medicaid.

Environmental

Resolved claim by landowner/developer that contamination from gasoline spill at neighboring gas station created stigma that prevented lots in subdivision from being sold.

Energy — Environmental

Resolved claims for insurance coverage related to defense and indemnity stemming from alleged off-site contamination from coal-burning power plant.

Construction

Resolved claims between owner, general contractor and large subcontractor, related to construction of new Fed Ex facility in Philadelphia.

Energy

Resolved claims between utility company and wind farm related to new M150 Requirement for wind farms to be available for automatic dispatch in real-time market, and the subsequent effects on the parties’ 20 year supply agreement.

Construction

Resolved claims and counterclaims between general  contractor and subcontractor related to construction of new building at Indiana University.

Employment — Non-Solicitation

Resolved claims of breach of non-compete and non-solicitation clauses brought by large medical device manufacturer against former sales team.

Malpractice — Legal

Resolved complex claim against Real Estate counsel for deficiencies in cross-collateralization agreements related to multiple transactions over several years.

Construction — Design

Resolved claims by owner against architect related to delays and costs from failure to identify flood plain.

Eminent Domain

Resolved claims, third-party claims, cross claims among landowner, state and design professionals related to taking of land for state highway project.

Insurance Coverage

Resolved 8-figure claim by chemical company against its insurer for coverage of defense and indemnity obligations under a unique manuscript policy related to various product liability claims.

Partnership

Resolved claims against selling partner for hacking into buying partner’s emails and communications during their negotiations.

Contract

Resolved dispute between former business partners related to post-sale payments under Employment Agreement and Promissory Note.

Construction

Resolved claims involving sinkage and soil stabilization issues beneath newly constructed highway

Insurance Coverage — Environmental

Claims by subsequent owner of industrial property related to contamination from both dry cleaning solvents and UST releases

Insurance Coverage — Environmental

Resolved claim for coverage related to toxic tort class action in Taiwan.

Real Estate

Mediated claims between buyer and seller of industrial property as to who is responsible for environmental remediation.

Construction

Resolved construction claims related to public works project in Speedway, Indiana.

Construction

Resolved claims involving construction of new school building at the University of Notre Dame.

Construction

Mediation involving project related to construction of Super Bowl Village in downtown Indianapolis for Super Bowl XLVI

Legal Malpractice

Resolved multi-million claim by business owner against his tax attorneys and accountants for incorrect advice on tax structure for $30 million transaction

Construction

Resolved significant claim by subcontractor against general contractor and owner related to refurbishment of several apartment buildings.

Bankruptcy

Resolved claims by husband and wife against former partners for their respective partnership interests after husband came out of bankruptcy.

Education

Resolved multiple claims brought by state attorney general against post-secondary school with multiple campuses alleging a variety of unfair and misleading practices.

Health Care

Resolved 9-figure claim against large hospital and health care network by publicly-traded  company for wrongful termination of revenue management and infrastructure services.

Commercial

Mediated dispute between IRL driving team and sponsor related to termination of driver’s contract.

Racing

Mediated dispute between IRL driving team and sponsor related to termination of driver’s contract.

Insurance – Umpire

Served as umpire in dispute involving vastly different appraisals on several classic cars and race cars completely destroyed in fire at restoration facility.

Insurance – Coverage

Resolved coverage dispute involving denial to wife/homeowner of coverage for fire damage where estranged husband/homeowner set the fire.

Employment

Claim by employee that company divulged private information to his ex-wife, causing financial damages and emotional distress

Employment

Resolved claim involving alleged breach of anti-solicitation provision where employees were subsequently hired by former client.

Commercial

Resolved dispute involving purchase and sale of fiberglass compounds and allegations that defects in the compounds led to significant and widespread failures across the country.

Environmental

Resolved claims by property owner for remediation of environmental contamination against petroleum companies who were former owners and operators of the site.

Malpractice — Accounting

Resolved claim by client against its accounting agency/auditor for failure to detect large-scale fraud perpetrated by manager over course of many years.

Wrongful Death

Resolved claims related to two separate deaths at a state prison allegedly from heat exhaustion within three day period of heat wave.

Civil Rights

Resolved claims related to two separate deaths at a state prison allegedly from heat exhaustion within three day period of heat wave.

Real Property — Telecommunications

Resolved multi-million dollar claim by landlord of 300,000 square foot call center against telecommunications company tenant for damages at end of 25-year lease.

Wrongful Death

Resolved wrongful death claim by estate of 22 year old who escaped from confinement at state-run psychiatric hospital and died of hypothermia.

Education — Child Molestation

Resolved matter involving alleged child molestation of 7 year old at public school.

Pharmaceutical — Consumer Protection

Resolved nin-figure claim brought by Commonwealth of Kentucky against prominent pharmaceutical company related to pain reliever.

Insurance — Life Insurance, Viatical Settlement

Resolved multi-million dollar claim against viatical settlement company by its leading investor.

Financial Institutions — Foreclosures

Resolved dispute alleging bad faith due to foreclosure on high-equity property in which alternative payment plan had been approved.

Insurance — Failure to Procure

Resolved multi-million dollar claim by Hotel owner against insurance broker for failure to obtain lost income and soft cost coverage for losses when construction issues cause two year delay in project.

Environmental — Meth Lab Remediation

Resolved claim against insurers for remediation, and possible tear-down, of rental house used as a meth lab.

Education — Bullying

Resolved claim of alleged bullying of student over several year period by multiple students and failure to take action despite multiple instances of notice and restraining order against one of the alleged perpetrators.

Construction

Resolved multi-million dollar claim involving construction of water treatment facility in California.

Employment

Resolved matter regarding claims of harassment, failure to accommodate, and retaliation by employee who was losing his vision.

Real Estate

Resolved dispute among owners of 2400 acre parcel regarding highest and best use of property.

Personal Injury

Resolved multi-million dollar claim of worker severely burned in explosion at steel mill.

Commercial

Resolved dispute between manufacturer of emergency vehicles and supplies of its on-board computer systems

Malpractice — Insurance Broker

Resolved claim by insured agent against broker for failing to obtain identical coverage on second business operation as broker obtained for original operation, resulting in large uncovered losses after a fire.

Computer Technology

Resolved claim by retail website owner against SEO/ Marketing consultant for misappropriating feeder sites and pumper sites to his own competing retail site.

Energy — Coal

Resolved claims of Commercial Disparagement, Tortious Interference with Business Relationships, Defamation and Breach of Contract among contractors at a coal excavation project.

Civil Rights — Correctional Institution

Resolved claim involving alleged rape of female prisoner by guard at correctional institution.

Insurance — Disability

Resolved significant claim for long-term disability benefits under both “own occupation” and “any occupation” standards

Domestic

Resolved claim by woman for return of significant money expended on renovation of boyfriend’s home before break up of the relationship.

Civil Rights

Resolved claim by woman who was sexually assaulted by police officer.

Real Estate — Fraud

Suit involving loss of funds to build luxury home paid to builder who subsequently went out of business before building home

Healthcare — Medical Device

Dispute between doctor/inventor and medical device manufacturer regarding what level of marketing is required to generate shared profits from the device

Financial Institution

Resolved claims regarding foreclosure related to utility company and associated assets held as collateral, and cross claims alleging bank breached fiduciary duties to utility causing it to lose millions in value.

Accounting Malpractice

Resolved case in which accountant for religious organizations invested — and lost — millions of dollars in trust assets into accountant’s housing development project.

Health Care

Resolved issues related to departure of top neurosurgeon in relation to merger of two leading neurosurgical groups, including determination of fair value of partners’ shares.

Trusts and Estates

Achieved global resolution of a bitter family conflict among four siblings fighting for control of father’s eight-figure estate, including claims against the trustee.

Personal Injury

Resolved claim against hardware store by elderly man who fell and sustained broken leg and eventual amputation of leg above knee.

Technology

Sole arbitrator in matter between large technology companies related to adequacy of customer hosting systems.

Defamation

Resolved claim of defamation against policemen by person claiming he lost his job as a result of the officers’ defamatory remarks.

Transportation

Resolved dispute involving action by large trailer manufacturer to terminate one of its largest dealers

Real Estate

Resolved dispute involving competing liens on large housing development project.

Trusts & Estates

Resolved claim brought by sons of deceased against step-mom who they accused of depleting their inheritance via abuse of her power of attorney.

Malpractice — Accounting

Resolved claim by national company against its accountant for not addressing multi-million dollar sales tax liability in multiple states.

Financial Institution

Resolved dispute between luxury yacht dealer and lender over failure to perfect security interest, leaving lender no collateral on defaulted loans made through dealer financing agreement.

Insurance Coverage

Resolved claim by insured for defense costs and bad faith stemming from mega-sanctions order against counter-claimant and its counsel

Commercial

Resolved claims and counterclaims related to alleged defects in over 7,000 computers purchased by school district and non-payment of millions of dollars of fees

Insurance – Worker’s Comp

Resolved matter involving dramatic increase in national company’s worker’s comp premiums.

Construction

Resolved claim by printing company against engineer and contractor for insufficient floor bracing to support million dollar plus printing press.

Financial Institution – Fraud

Resolved matter between bank and attorney stemming from Nigerian wire transfer scheme in which hundreds of thousands of dollars were transferred from attorney’s trust account.

Commercial

Resolved dispute between major utilities concerning joint use of telephone poles.

Insurance Coverage

Resolved dispute regarding defense and indemnity obligations of insurers stemming from counterclaims brought by terminated CEO of high-profile corporation.

Contracts

Resolved claim alleging breach of non-disclosure and non-competition agreement involving mobile-banking vehicles

Racing

Resolved dispute involving new auto racing complex in Kentucky.

Taxation

Mediated dispute between property owner and 19 taxing bodies regarding increase in property taxes after $4 billion investment in oil refinery

Personal Injury

Resolved suit against State Police by motorist who was struck and seriously injured when suspect’s car swerved to avoid police blockade and stop sticks

Insurance Coverage — Hurricane Damage

Mediated coverage disputes related to widespread damage from hurricane at 70 building apartment complex

Construction

Resolved issues re construction of new dormitories at well-known university

Real Estate

Resolved zoning and other issues involving 250 acre land contract and development project

Environmental

Resolved dispute involving insurance coverage for remediation of large  manufacturing complex

Insurance

Resolved claims of fraud, misrepresentation and breach of fiduciary duty and breach of contract against insurance company and its agent regarding whole life and other policies

Product Liability

Resolved claims related to cochlear ear implant, including issues of Federal pre-exemption for Class III medical devices.

Personal Injury

Resolved claim involving severe injuries to Harley rider resulting from intersection collision.

Business

Dispute alleging freeze out of 33 % shareholder in successful business by majority-controlled brothers after 30 year relationship.

Construction

Resolved dispute involving excavation issues on large project at college campus.

Business

Resolved claims by Owner of company when employees left in masses to start competing business.

Insurance

Resolved claims by convenience store chain against insurers for environmental remediation costs at approximately 200 gas stations.

Commercial

Claim by small business against large corporation for material and other expenses incurred to begin work on seven-figure order that defendant corp allegedly reneged on.

Employment

Dispute over termination by new owners of CEO and former owner months after CEO signed lucrative 5 year Employment contract as part of sale to new owners

Civil Rights

Claim by female prisoner serving 6 week sentence rape and beating by other inmates despite warnings to prison guards

Medical Malpractice

Plaintiff sued pathologist for missed diagnosis of cancer, resulting in two-year delay in treatment which allegedly brought his survival rate from 75% to 25%

Health Care

Resolved dispute between general partner and physician group related to proceeds from sale of large medical facility.

Commercial Disputes

Resolved claim by minority shareholder regarding sale of his interest after his termination from company.

Commercial Disputes

Resolved case involving cost to remediate flood-damaged hospital.

Commercial Disputes (Health Care)

Resolved break up of large joint venture between two hospitals.

Malpractice (Accounting)

Resolved claim by business for large embezzlement losses against accoutant firm for not relaying “red flags” field accountant had detected for many years.

Premises Liability

Claim by Estate of man who was killed when roof collapsed while he was working on it at friend’s house.

Wrongful Death

Resolved claim by estate of mother who died in single-car accident after leaving bar with .34 blood alcohol level.

Wrongful Death

Mediation of claims by estates of two police officers killed while riding bicycles across Indiana in a fundraising effort for fallen police officers.

Wrongful Death

Wrongful death claim re death of severely mentally handicapped 22 year old who drowned while in bathtub under home healthcare worker’s supervision.

Transportation (Trucking)

Resolved claims resulting from accident where plaintiff’s minivan stalled on interstate and was struck by 18 wheeler, killing plaintiff’s 8-year-old son and rendering mother a paraplegic.

Transporation (Rail)

Resolved dispute between major interstate rail carrier and industrial customer over demurrage charges.

Real Estate (Zoning)

A purchaser buys a multiple family building for rental purposes. There are several zoning violations that were not disclosed at the closing or during the purchase negotiations

Real Estate (Mortgage Fraud)

Resolved case brought by mortgage lender alleging “double-HUD” fraud scheme that led to significant losses on numerous loans.

Real Estate

Dispute over alleged concealment of defects in house sale transaction.

Real Estate

Allegations of fraud and breach of fiduciary duty by realtor.

Real Estate

Allegations of fraud and deceptive practices against broker and real estate agency.

Real Estate

Dispute over terms of 25 year lease on restaurant building.

Real Estate

Dispute over whether wooded “common area” should be turned over to homeowners’ association or be used for commercial use by developer.

Real Estate

Dispute over alleged breach of purchase agreement on 200 acres for planned housing development due to unanticipated clean up costs for environmental contamination.

Real Estate

Dispute involving financial institution that foreclosed and resold real property only to find out if could not obtain clear title due to previous tax sale of property.

Real Estate

Resolved disputes among members of a large homeowners association, including allegations of fraud and voting irregularities.

Product Liability (Drugs)

Claims related to drug-induced hepatitis as a side effect to a prescription drug.

Personal Injury

Mediation of natural gas explosion in housing development which destroyed 7 homes and damaged 60 others.

Personal Injury

Resolved claims resulting from accident where plaintiff’s minivan stalled on interstate and was struck by 18 wheeler, killing plaintiff’s 8-year-old son and rendering mother a paraplegic.

Personal Injury (Closed Head Injury)

Allegation of closed head injury from ejection from vehicle in roll-over accident where defense argued plaintiff’s condition pre-dated accident due to significant cocaine abuse and other factors.

Nursing Home Negligence

Allegations of poor care and understaffing at nursing home resulting in death of resident.

Malpractice (Medical)

Allegations by patient of inappropriate sexual relationship/assault by psychiatrist.

Malpractice (Legal Medical)

Resolved suit alleging that firm representing seriously injured motorcycle victim negligently failed to sue State with respect to a dangerous bridge condition.

Malpractice (Accountant)

Claim by parent corporation against accounting firm of subsidiary alleging improper audit procedures which failed to uncover long term fraud scheme resulting in losses of $8 million.

Malpractice (Accountant)

Claim brought by teacher association on behalf of its members against its auditor and claimed less of $70 million of fund assets.

Insurance, Environmental

Disputes related to environmental remediation at former salvage yard slated for redevelopment. (

Insurance (Coverage)

Resolved dispute between large grocery chain and its insurer as to whether its CGL policies defense costs were part of a large per claim SIR or were covered outside of the SIR.

Insurance (Broker Negligence)

Claims related to broker’s advice to switch company’s stop loss carrier, resulting in laser exclusions for certain high dollar claims.

Insurance (Agency)

Claim against insurance agency for failure to obtain replacement cost insurance on shopping center that subsequently burnt down.

Insurance (Agency)

Dispute regarding coverage allegedly promised by agent versus coverage actually contained in the insured’s policy.

Healthcare

Resolved dispute between doctors/shareholders in prominent IVF practice.

Healthcare

Allegations of poor care and understaffing at nursing home resulting in death of resident.

Healthcare

Wrongful death claim re death of severely mentally handicapped 22 year old who drowned while in bathtub under home healthcare worker’s supervision.

Financial Institutions

Claims by construction lenders against title insurers based on multi-million dollar fraud scheme by home builder.

Financial Institutions

Claim against bank by line of credit customers that scheme by former convicted bank employee ruined their credit.

Financial Institutions

Claim involving foreclosure on home without proper notice and after initial foreclosure judgment was set aside.

Financial Institutions

Dispute over competing claims to collateral securing large commercial loans.

Estate

Dispute over estate of founder of popular restaurant chain and his partner.

Environmental (PCB Contamination)

Resolved coverage dispute involving remediation of PCB contamination of Fox River in Wisconsin.

Environmental (Mold)

Resolved case involving multi-million dollar remediation of mold problem in hotel.

Environmental (Mold)

Resolved claims for significant personal injuries alleged to be caused by mold in facility of larger package shipment company.

Energy

Disputes between electric utility company and general contractor on construction of power plant.

Energy

Resolved $9 million dispute regarding apportionment of transmission loses and other MISO costs among joint owners of power plant.

Energy

Mediated disputes among parties and insurers related to consequences of gas explosion.

Employment (Wrongful Termination)

Dispute alleging wrongful termination of a County Administrator

Employment (Workers Compensation)

Resolved claims for significant personal injuries alleged to be caused by mold in facility of larger package shipment company.

Employment (Whistleblower)

Resolved dispute involving allegations of retaliation on “whistleblowers” involving corruption within city police force

Employment (Wage)

Policy addressing vacation pay is contested upon grounds of selective enforcement. Customer list and other trade secrets are alleged to be improperly used by former employees competing in same strip mall in a personal services business.

Employment (Sexual Harassment)

Claims of sexual harassment against police officer, city and county.

Employment

Discharged employee brought action for sex and pregnancy discrimination and pointed to disparate treatment and comments of supervisors in reference to not wanting to hire younger women who might want children. Employer pointed to long history of hiring, retaining and accommodating women and pregnant women.

Employment

Age discrimination action brought by car salesman alleging that dealership wanted to replace sales force with younger employees.

Employment

Age discrimination action by 55-year old food service manager claiming that supervisor told him it was “time to retire”.

Employment

Age discrimination charge by 62-year old “independent contractor” for termination of his distributorship agreement with national manufacturer.

Employment

Defendant argued that plaintiff was not employee within meaning of act and that no discrimination occurred.

Employment

Employee of national bank brought action against bank and holding company for violation of the ADA. The employee was in a wheelchair and although the bank had modified the branch where the employee worked most of the time, the employee was asked to work several Saturdays at another branch which had not been renovated. The […]

Employment

Mediation of claims arising under the Family Medical Leave Act, Americans with Disabilities Act, and Fair Labor Standards Act.

Employment

Alleged wrongful termination of bank president after 30 years of service.

Employment

Dispute over whether employee forfeited $750,000 in stock options upon his leaving the company.

Employment

Claim for wrongful termination of high-ranking executive for accepting a promotional gift for his daughter from a vendor.

Eminent Domain

Dispute arising from taking of church property for road expansion that moved road closer to playground and negatively impacted ingress and egress on church property.

Education (Non-Profit)

Dispute between estate of founder of school and institution and current board regarding repayment of monies provided to the organization by the founder.

Education

Claim by parent against son’s private school for damages related to school’s refusal to release transcript to prospective colleges due to non-payment of tuition.

Education, Insurance

Coverage dispute related to a claim by a not-for-profit school against its founder over disposition of certain property to the founder.

Dram Shop

Resolved claim by estate of mother who died in single-car accident after leaving bar with .34 blood alcohol level.

Contract (Professional Liability)

Dispute involving motion for sanctions against an attorney for persisting with litigation in face of audience contrary to the “shot in the dark” allegations in the complaint.

Contract (Misrepresentation)

Dispute over alleged misrepresentation in settlement agreement by settling party and counsel.

Construction (Utility)

Claims for damages by utility against contractor who struck chilled water main during major excavation project.

Construction (Surety)

$8 million claim against surety after contractor goes bankrupt and leaves project in shambles.

Construction

Claim involving unsuitable groundwork on Florida convention center project, leading to termination of general contractor on $12,000,000 project.

Construction

Claim involving substantial delays and additional costs on school building projects related to Hurricane Hugo.

Construction

Claim involving surveying errors which necessitated redesign of a several-hundred unit condominium development after construction began.

Construction

Claims involving HVAC problems in hotel leading to severe humidity damage to walls and ceilings.

Construction

Claims involving costs to winterize large school project due to delays in furnishing structural steel to the project.

Construction

Claim involving cracking and discoloration in new terrazzo flooring in multi-million dollar high school project.

Construction

Dispute alleging defects in design and construction at shopping center.

Construction

Claim by “factoring” company against general contractor to pay account receivable it purchased from subcontractor who went bankrupt and did not complete its work

Construction

Dispute between general contractor and City over construction of water treatment plant.

Construction

Dispute over interpretation of contractual duties of structural steel contractor on hospital building project.

Construction

Claims alleging damage to 1400 cars from paint overspray during construction at auto manufacturing facility.

Construction

Resolved claims and counterclaims between general contractor and major subcontractor regarding construction of new $80 million chemistry lab at Eli Lilly.

Construction

Disputes between electric utility company and general contractor on consolidation of power plant.

Construction

Resolved claims related to improper application of floor sealant in 130,000 square foot manufacturing facility.

Construction

Resolved claims by 500+ member HOA related to problems with retention ponds.

Construction (Architect), Malpractice

Claims related to $200 million residential/commercial development project at Notre Dame University.

Commercial/Contract/Business

Arbitration of dispute regarding design of “cap” on hazardous waste landfill.

Commercial/Contract/Business

Claim by “factoring” company against general contractor to pay account receivable it purchased from subcontractor who went bankrupt and did not complete its work.

Commercial/Contract/Business

Dispute over disposition of debt and equity of public company under Indiana Business Combination Act and Indiana Control Share Acquisition Act

Commercial/Contract/Business (Partnership Dissolution)

Resolved Claims by dispossesed partner for 50% of partnership assets where no partnership agreement existed.

Commercial Disputes

Dispute among partners involved in dissolving a real estate joint venture with hundreds of millions in real estate holdings.

Commercial Disputes

Dispute between Fortune 500 companies over contract to provide new cellular phone technology.

Commercial Disputes

Various disputes nationwide between doctors and providers of practice management services.

Commercial Disputes

Various disputes between automobile manufacturers and their dealers.

Commercial Disputes

Dispute over terms of 25 year lease on restaurant building.

Commercial Disputes

Claim by waste management company alleging defects in 10,000 trash containers.

Commercial Disputes

Resolved dispute between major interstate rail carrier and industrial customer over demurrage charges.

Commercial Disputes

Resolved dispute between consultant and corporation over fees and commissions due from securing government contracts for corporation.

Commercial Disputes

Resolved dispute involving endorsement by founding family member of major soft drink brand.

Commercial Disputes (Trade Secrets)

Suit brought by company to enforce non-competition agreement against former employee and to obtain injunctive relief and damages from company allegedly receiving trade secrets from former employee.

Commercial Disputes (Real Estate)

Resolved claims & counterclaims related to termination of significant commercial (case based on failure of lessor to name lesser as an additional insured.)

Commercial Disputes (Energy)

Dispute involving joint venture between major oil company and owner of 26 gas stations.

Class Actions (Consumer)

Resolved class action involving late fees charged by major cable television company.

Class Actions

Served as mediator of class action against a national insurance company for claims of defrauding policyholders.

Class Actions

Served as mediator of class action against State of Indiana involving misdirection of funding to schools.

Class Actions

Served as mediator in class action against major soft drink manufacturer concerning contamination of ammonia at bottling plant.

Class Actions

Served as mediator in fee dispute among class counsel in a highly successful securities class action.

Class Actions

Served as case adjudicator in connection with settlement of class action against U.S. Government concerning civil rights violations.

Class Actions

Served as court-appointed special master as part of class actions involving combination weight-loss drugs.

Class Actions

Allegations of fraud and deceptive practices against major telephone company concerning charges for “inside wire maintenance”.

Class Actions

Dispute involving objectors to class action on various grounds.

Class Actions

Resolved claims by hundreds of homeowners for damages related to radio waves emitted from high frequency tower.

Civil Rights (Whistleblower)

Resolved dispute involving allegations of retaliation on “whistleblowers” involving corruption within city police force.

Business (Partnership)

Dispute over ouster of partner from closely held partnership.

Business (Partnership)

Claims by member of LLC that he was fraudulently induced and coerced to contribute additional funds into hotel project.

Business (Dissolution)

Break up of accounting firm and associated corporations and partnerships.

Real Estate

Mediated dispute among partners in dissolving real estate joint venture with hundreds of millions of dollars in real estate holdings

Racing

Mediated claims between racing teams and suppliers

Racing

Mediated claims between racing teams related to sales of equipment

Racing

Mediated claims by IRL driver against team owner to make good on contract after sponsor breached agreement with team

Racing

Mediated dispute between top IRL driver and team owner over calculation of moneys owed

Product Liability

Served as Special Master in Multi-District Litigation related to combination diet drugs

Product Liability

Mediated claims involving crash-worthiness of automobiles in accidents resulting in paralysis and death

Patent

Served as Special Master to Federal Judge in patent dispute between two leading manufacturers of diesel engines

Malpractice (Legal), Patent

$20 million claim against major patent firm alleging failure to protect significant patents in Europe

Malpractice (Accounting)

$80 million claim against major accounting firm stemming from bankruptcy of pension fund

Malpractice (Legal)

$30 million claim against major law firm alleging conflict of interest

Malpractice (Legal)

$100 million claim against major law firm representing client who created ponzi scheme against NFL players and other high-profile investors

Malpractice (Accounting)

$200 million claim against major accounting firm for failure to detect major fraud scheme through its audit procedures

Insurance (Coverage)

Mediated claim by Fortune 50 company against its insurers related to PCB contamination at numerous sites, including Boston Harbor.

Insurance (Coverage)

Mediated claims by national dry cleaning entity for reimbursement of clean up of TCE spills at its stores throughout the country

Insurance (Coverage)

Mediation of claims by major manufacturer against multiple insurers to recover potential $900 million remediation at Superfund site.

Insurance (Coverage)

Mediation of insurance claims by 125-year-old utility company against scores of insurers relating to environmental contamination at manufactured gas sites.

Environmental

Mediated claim involving failure of business due to environmental contamination

Environmental

Mediated claims by neighboring landowners to dry cleaning establishments related to remediation of TCE contamination

Environmental

Mediated claims by dozens of homeowners against national convenience store chain stemming from UST leaks and benzene exposure

Energy

$200 million claim arising from breach of long term lease of power plant

Employment

Mediated claims of gender discrimination within Board of Directors of Fortune 50 company

Employment

Mediator in two national class action settlements related allegations of sexual harassment and gender discrimination within major securities brokerage entities

Employment

Sole arbitrator in wrongful termination action by CEO of major professional association related to alleged misrepresentation of qualifications

Employment

Mediated claims by African-American managers at national package delivery service alleging denial of further upward mobility based on race

Construction

Mediated claims related to construction of Boston police headquarters

Construction

Mediated claims related to construction of new Marion County Library

Construction

Mediated claims involving substantial delays and additional costs related to Hurricane Hugo on school building projects in Florida

Construction

Mediated claims involving unsuitable groundwork on Florida convention center project

Construction

Mediated claims related to new Carmel Arts Center project

Construction

Mediated claims involving the multi-billion dollar “Big Dig” construction project in Boston

Commercial/Contract/Business

On select panel to resolve disputes between major automakers and their dealerships

Commercial/Contract/Business

Mediated dispute between Amtrak and manufacturer of high-speed Acela trains, including development of protocols to keep trains in service along Northeast Corridor

Commercial/Contract/Business

Mediated contract dispute between “Hulk Hogan” and Time Warner

Commercial/Contract/Business

Mediated dispute between major soft drink bottler and can manufacturer over cost escalations to produce 70 billion aluminum cans

Class Actions

Mediated class action involving claims stemming from deteriorating concrete in the foundations of several hundred homes.

Bankruptcy

Dispute among banks regarding priority of rights on property put up as collateral on multiple loans by bankrupt fraudulent borrower.

Banking (Lending Fraud)

Resolved case brought by mortgage lender alleging “double-HUD” fraud scheme that led to significant losses on numerous loans.

Banking (Fraud)

Suit by partners in auto dealership against bank for allowing crooked partner to engage in massive check kiting scheme.