Tag Archives: VANWINKLE

Wrongful Death

Settlement of wrongful death brought by estate of pilot of Cessna 150.  The Cessna 150 collided with a Cessna 525 Citation at an uncontrolled airport.  Issues included compliance with FAA right-of-way rules and “failure to announce” our the airport’s CTAF. The decedent was a 32 year old, survived by his wife and young son.

Aviation

Settlement of wrongful death brought by estate of pilot of Cessna 150.  The Cessna 150 collided with a Cessna 525 Citation at an uncontrolled airport.  Issues included compliance with FAA right-of-way rules and “failure to announce” our the airport’s CTAF.

Class Actions

Multiple class action lawsuits were filed on behalf of shareholders of a Maryland corporation trading on the NYSE, alleging that the corporation and its officers and directors violated Section 10(b) and 20(a) of the Securities Exchange Act of 1934.  The plaintiffs claimed that the defendants exploited a “hot market” by announcing it was entering the […]

Securities

Multiple class action lawsuits were filed on behalf of shareholders of a Maryland corporation trading on the NYSE, alleging that the corporation and its officers and directors violated Section 10(b) and 20(a) of the Securities Exchange Act of 1934.  The plaintiffs claimed that the defendants exploited a “hot market” by announcing it was entering the […]

Insurance Coverage

Insured brought action against insurer alleging failure to pay losses under Commercial Crime Insurance.  Plaintiff argued that company employees facilitated thefts by signing up with bogus health care providers who then billed the companies ERISA plan for services not rendered.  The insurer claimed that the actions of the third party wrongdoers precluded the claims.

Cyber Breach

State Attorney General brought action against owner of multiple restaurants under Deceptive Consumer Sales Act and Disclosure of Security Breach Act alleging violation for failure to comply with the Payment Card Industry Data Security Standards. A third party complaint was filed against vendor, alleging that cyber-attack was made on point of sale software through third-party […]

Securities Class Action

Multiple investors brought FINRA claims against broker dealer company for acts of agent based upon affecting thousands of transactions in leveraged and/or inverse ETFs and ETNs. Broker dealer was bankrupt and insurer denied coverage for failure to disclose prior claims/wrongful acts.

Insurance Coverage

Insurer issued a broker-dealer professional liability policy to broker dealer which had given notice to the insurer of complaints and claims, including multiple FINRA statement of claims resulting from losses suffered by claimants alleging unauthorized trading and engagement in unsuitable investment recommendations. The insurer filed a declaratory judgment seeking recession because of the insured alleged […]

Collective Action/ Wage and Hour

Approximately fifty current and former employees sought a collective action for unpaid overtime. The federal court denied certification as a collective action and the case was mediated as fifty separate claims. The demand for settlement included 50 separate demands but the response from the defendant was for a lump sum to settle all claims. The […]

Wrongful Death

A 19-year old Amish boy was killed when the horse and buggy he was driving was hit from behind by a tractor-trailer. Defendants alleged that the buggy should have been travelling off the travelled portion of the roadway.

Wrongful Death

The decedent, the driver of a car in which his wife was a passenger, died when the car ran broadside into a semi-tractor trailer making a U-turn on a two-lane state highway. At issue was the applicability of recent side lighting and reflector statutes and the issue of alcohol consumption by the decedent whose blood […]

Wrongful Death

Two million dollar settlement: A 73 year old farmer suffered 2nd and 3rd degree burns over 30% of his body when a propane gas hose allegedly malfunctioned causing an explosion. Plaintiff’s alleged that the hose had a defective valve which failed to shut off the flow of gas when the hose ruptured. Defendants maintained that […]

Wrongful Death

Case brought for wrongful death of a three year old girl killed when the car driven by her father sideswiped a tractor/trailer which was allegedly negligently parked on the shoulder of an interstate highway. A large portion of the claim was for the emotional distress suffered by the father who witnessed his daughter’s death.

Wrongful Death

Mother brought suit against pharmacist for filling a prescription with 200 mg of drug instead of prescribed 125 mg, with result that child suffered permanent brain damage. Pharmacist relied on hand written notes from telephone call to emergency room physician, which call was made when pharmacist could not read prescription.

Wrongful Death

Wrongful death of businessman against six parties involved in a multi-car/truck pile up on a foggy interstate. Computer recreations were used in mediation by various parties to argue that their percentage of fault was low or non-existent vis-à-vis the other parties.

Wrongful Death

Wrongful death and personal injury action brought by estates of two men and by one injured woman against motel alleging that motel security was lax and that an armed man was able to enter the lobby, go through hallways and enter a room where he shot and killed 2 men and hit a woman. The […]

Wrongful Death

Action against bar owner for death of patron. Decedent was shot by another patron and estate argued that he was intoxicated when he entered premises and that his propensity for violence was known.

Wrongful Death

A 34 year old female with a Master’s Degree was allegedly rendered totally disabled as a result of Reflex Sympathy Disorder (RSV) resulting from an automobile collision. The demand prior to mediation was in excess of 3 million dollars.

Wrongful Death

39-year-old husband and father of two was turning left when he was struck from the rear by the defendant and knocked into the path of an oncoming truck. Three important elements in the settlement were the reconciliation of the dueling economists’ reports, the presentation of a structured settlement, and the dynamics between the defendant and […]

Wrongful Death

35-year old professional diver died when he was trapped in an underground water storage tank. The plaintiff’s estate alleged that the property owner was negligent for failing to turn off an internal pump. Case was resolved with annuities and after negotiation of worker compensation liens.

Wrongful Death

18-year-old female convenience store clerk was sexually assaulted and murdered by a delivery truck driver with a previous and undisclosed felony conviction for armed robbery of another convenience store. The action was brought against the company that employed the delivery truck driver on a theory of negligent hiring.

Securities/Broker (Dealer)

Seven customers of broker-dealer filed for NSAD Arbitration for over $1,000,000 of losses allegedly incurred because of unsuitability of investments. Cases were mediated over a two-day period and all were resolved.

Securities Law

Large agricultural company brought action against a broker resulting from sale of a SIV-Lite note which was backed by sub-prime mortgages. Originally rated A1+/PI, the commercial paper was downgraded the week after the sale and the issuer defaulted. The purchaser claimed it was not a QIB, that the Indiana Securities was breached, as were fiduciary […]

Product Liability

Child was seriously injured when an ATV flipped back over front. The plaintiffs claimed that the ATV was defective and unreasonably dangerous because the reverse speed limiter could be overridden, giving excessive power to the rear wheels. The manufacturer contended that the driver ignored the warnings and activated the override while the throttle was open.

Product Liability

Infant suffered severe and permanent cerebral palsy and spastic quadriplegia as a result of the alleged defective design of the ventilator. A multi-million dollar structured settlement was proposed. Dispute centered both on liability and reasonable cost of life care plan.

Product Liability

Action against manufacturer of an inspection hatch on a coal dust collector. An explosion resulted from the combustion of coal dust and the plaintiff suffered serious burns and ultimately died. Defendants contended no design defects and that plaintiff was aware of dangers inherent in exposing coal dust to oxygen.

Product Liability

Action brought by corporation against manufacturer for failure of the crane which collapsed, destroying major portions of the manufacturing process and resulting substantial loss of production. Damages in excess of $75 million were claimed.

Product Liability

Insurer brought multi-million dollar subrogation suit against manufacturers, retailers and distributors of massive industrial shelving unit which collapsed, causing loss of inventory, property damage and business interruption.

Product Liability

Suit brought by estate of farmer killed when a mid-size garden tractor rolled over. The plaintiffs alleged a rollover cage was required; the defendants argued to the contrary and that the tractor was being operated improperly on a steep incline.

Product Liability

Multiple suits brought in various states against various wheel, tire and rim manufacturers for deaths and injured resulting from exploding tires, allegedly caused by mismatched rims and tires.

Product Liability

Suit brought by parent of infant who suffered third degree burns over ninety per cent of her body allegedly as a result of a faulty water heater thermostat.

Product Liability

Action brought by front-end loader operator who suffered a crushing injury and subsequent amputation of both legs as a result of a faulty clutch.

Product Liability

Suit against manufacturer of heat cable for property damage to commercial building. Suit alleged that product should have had stainless steel grounding braid and that product warnings were inadequate.

Probate

Second childless spouse was requested immediately prior to the wedding ceremony to sign an antenuptial agreement. The agreement had previously contained a provision restricting the right of the husband to dispose of his estate. This provision was stricken at the last moment and after the death of her husband, the plaintiff brought a claim in […]

Probate

Three children of deceased founder of closely-held steel fabricating company were involved in litigation over control of the company. Their father’s will, written shortly before his death, gave controlling interest to daughter with whom he believed at the time. The other siblings alleged that the will was invalid because of incompetency and undue influence and […]

Probate

Multiple charities having remainder interests and life beneficiaries brought a claim against executor of estate and trusts for failure to reform the decedent’s will under IRC Section 2055 to qualify for a charitable deduction.

Probate

Dispute between family members over interest in a family real estate operation which produced income from oil wells and farming. The plaintiff alleged that she had received a gift of the percentage ownership of her deceased father from her now deceased stepmother. The executor of the stepmother’s estate and the decedent’s sister argued that the […]

Nursing Home Negligence

Plaintiff alleged that nursing home attendants failed to move him properly and sores developed which resulted in the loss of a limb.

Nursing Home Negligence

Representatives of several decedents’ estates alleged that employee of nursing home literally murdered their relative and that the nursing home operators were negligent in supervision

Nursing Home Negligence

Representative of decedent’s estate brought action against nursing home for failure to have and/or follow care plan. Resident died of infection.

Nursing Home Negligence

Personal representatives of descendant’s estate alleged that COBRA violations resulted in the death of his mother. She was allegedly “dropped” because the wrong lift was used to move her. The matter was resolved in part because the nursing home itself made a contribution to the settlement offered by its insurer.

Nursing Home Negligence

A 94-year-old female admitted to nursing home with history of Alzheimers, Urinary Tract Infection, MRSA, and congestive heart failure. Her skin was intact when she was admitted, but developed four large decubitus ulcers. The lawsuit alleged multiple failures of care.

Malpractice (Medical)

Legal malpractice claim involved case within-the-case as to whether specialist in ophthalmic pathology was negligent for failing to discern that retinoblastoma had invaded the choroidal.

Malpractice (Medical)

Seventeen-year-old female suffered eclamptic seizures which allegedly went untreated and uncontrolled by emergency room doctors and staff. The woman became unresponsive, comatose and she aspirated because she was not intubated. At the same time, her son allegedly went from normal fetal heart tracings to being severely bradycardic and was delivered with profound and severe brain […]

Malpractice (Medical)

Thirty-two-year-old female died following the cesarean delivery of her son. Her death was allegedly due to the failure of the anesthesiologists to intubate and to recognize hypoxia. The son was born with low APGARS and developed seizures and developmental delays. A settlement was made with some of the medical care providers and plaintiff husband and […]

Malpractice (Legal Medical)

Attorneys failed to bring action against Kentucky physician within one year statute of limitation necessary to perserve parents’ claim for loss of consortium claims from date of minor child’s death to his majority. Indiana action against other physician had been settled for statutory cap.

Intellectual Property

National insurance company sued former employees and major accounting firm alleging misappropriation of software developed by former employees and allegedly used in subsequent business enterprise.

Intellectual Property

Corporation which manufactured ruggedized industrial computer cards and systems filed an action against competing company for misappropriation of trade secrets, conversion and breach of contract. Defendants and counterclaimants alleged that all technology was in the public domain.

Intellectual Property

A multi-national manufacturing company granted a patent license on a large assembly line component machine to a manufacturer. A lawsuit was filed alleging patent infringement, breach of a license agreement and unjust enrichment. Plaintiff sought damages in excess of $10 million. Defendant counterclaimed, alleging that the patents were invalid and unenforceable and sought an injunction […]

Intellectual Property

Software company brought suit against a governmental agency alleging that the agency wrongfully appropriated the source code for the programs allowing the agency to modify and update the programs without paying the company under the “support agreement”.

Intellectual Property

Suit by manufacture of medical device against competitor for infringement of two patents. Lot profits in excess of $60 million claim with defense of release in prior suite non infringements and invalidly of patents. Defendant had sought reexaminations and certificates were issued shortly before mediation. Hearing on Motion to Dismiss and hearing were rescheduled shortly […]

Insurance (Coverage)

Resolved insurance coverage claims related to White River Fish Kill.

Insurance (Coverage)

Recission action was brought by Insurer insuring D&O policies to another insurance company. The recission was based on alleged financial misrepresentations in the application for a renewal policy. The Insured had multiple securities actions filed against it as a result of a restatement of income and other matters. The Insurer claimed that the Insured knew […]

Insurance (Coverage)

Notice on indemnity policy given by insured one month after multi-million dollar verdict entered. Resolution involved policy buy out and discussion of waiver and estoppels and elements of prejudice

Insurance (Coverage)

An insolvent casualty company had provided three years of occurrence coverage to a fortune 500 company. The court supervising the liquidation issued an administrative order that required policyholder to value all pending, future and incurred but not reported claims. The insured reported multiple mass tort cases alleging injury or damage from its product. The insurer […]

Insurance (Coverage)

A surgeon was severely injured in an automobile accident and received $1,000,000 policy limits of the tortfeasor. Both doctor and insurance company agreed that the doctor was disabled from performing his job as a surgeon. The doctor was and will continue to receive disability benefits from a policy he purchased. The dispute was between the […]

Insurance (Bad Faith)

Sixty-five year old man applied for health insurance and reported in a telephone application that he had seasonal allergies and took over-the-counter medicine. Two years later, he had serious heart issues and incurred substantial medical bills. The medical bills triggered a recovery and receipt of prior medical records and those records disclosed that the insured […]

Healthcare

Physician was one of approximately 30 members of a limited liability corporation organized to provide surgery and anesthesiology services to a local hospital. The corporation was governed by an operating agreement that provided for the withdrawal and termination of members. The physician filed for bankruptcy and the Trustee in his estate argued that the estate […]

Healthcare

A dispute arose among three members of a 40-50 physician multi-specialty group practice, which also owned and operated an out patient surgery center, a radiology imaging center, a radiation oncology center, a clinical laboratory and a medical office building. The physicians were organized into various group practices and three members formed a radiology practice which […]

Healthcare

Certain members of a large physician-owned limited liability corporation, which owned and operated an open sided MRI diagnostic center left that LLC to form a competing organization. Complaints and counter-claims alleged breach of operating agreements, breach of covenants not to compete, unfair competition, interference with contractual relations and violation of applicable state and federal statute. […]

Healthcare

A non-profit corporation that owned and operated a metropolitan hospital entered into a physician employment agreement with a general surgeon. The hospital purchased the stock owned by the physician in his medical practice business and entered into a Stock Purchase Agreement and Physician Employment Agreement. The hospital brought an action for damages and injunctive relief, […]

Healthcare

A corporation formed to provide medicine services for certain healthcare providers brought an action against the hospital with whom it had contracted. The service agreement was executed at the same time as the month to month lease for space within the hospital was entered into. The hospital terminated the lease and the corporation argued that […]

Healthcare

Multi-national health insurer brought a lawsuit against a large software company and multiple other parties alleging breach of contract, interference with contractual relationships, unfair competition and infringement and misappropriation of certain intellectual property. Several layers of insurers and re-insurers were involved in the mediation, which spanned several months and included detailed examinations of issues in […]

Financial Institutions

Principals of a mortgage brokerage company were convicted of diverting monies from a loan escrow account. The lenders deposited funds to be disbursed pursuant to HUD closing statements in an escrow account of the law firm with Bank “A”. The law firm, allegedly negligently, forwarded these funds directly to the mortgage brokers, a principal of […]

Employment

Employee brought an action for discrimination. An African-American, he was terminated because he was seen visiting an adult bookstore on company time and driving a marked company truck. The employee maintained he was on his lunch hour and that white employees had engaged in similar conduct and had been treated differently.

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 woman who might want children. Employer pointed to long history of hiring, retaining and accommodating women and pregnant women.

Employment

Employee was terminated for visiting a location during working hours which his employer found to reflect poorly on the company. He sought relief under the dispute resolution clause of his employment agreement. The matter was resolved in mediation in part because of a private meeting between the employee and his former supervisor. The employee had […]

Employment

Employee brought an action for discrimination. An African-American, he was terminated because he was seen visiting an adult bookstore on company time and driving a marked company truck. The employee maintained he was on his lunch hour and that white employees had engaged in similar conduct and had been treated differently.

Employment

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

Action brought by employee for wrongful discharge and slander when terminated for allegedly embezzling funds.

Employment

Four employees of a large Midwestern manufacturing company brought actions under Title VIII and USCA 1981. The Company maintained that all claims were barred by the statute of limitations, that allegations were outside the claims brought before the EEOC and that the employment actions were appropriate pursuant to a reduction in force. One major point […]

Employment

Suit brought by former executive of bank for unpaid bonus and counterclaim by bank for breach of fiduciary duty. Each party was seeking seven figures in damages from the other. The bank maintained that the former executive had been involved with a conspiracy involving the former president of the applicable bank division and that former […]

Employment

Bank Security Director made a claim against his employer for violation of Sarbanes-Oxley Act of 2003, claiming he suffered an adverse action because of his whistle-blowing. The Bank countered that he had not been terminated and that no damages were incurred. The employee claimed emotional distress damages as a result of intimidation and harassment.

Construction

Dispute between state and blasting contractor over construction of portions of state highway in southern Indiana.

Construction

Action brought by government’s entity against contractors, architect, roofing suppliers and roof system manufacturers for failure of roof on public library.

Construction

Action between owner of car dealership, general contractor, masonry contractor, painting contractor, project architect and insulation contractor for alleged failure to properly insulated building resulting in multi-million dollar damages.

Construction

Complaint filed by youth group against architect and contractor for delay and improper construction of scout camp.

Construction

Multi-million dollar class action brought by condominium owners against builders, suppliers and manufacturers for allegedly faulty roof systems.

Construction

Car dealer brought action against architect on basis that original design was defective in that it did not allow for future expansion which owner alleged was contemplated in original agreement.

Commercial/Contract/Business

Breach of contract and accounting action growing out of the sale of a manufacturing business. The selling company was a closely held corporation and at issue in part was the exposure of individual shareholders for certain allegedly fraudulent representations.

Commercial/Contract/Business

A multi-national manufacturing company granted a patent license on a large assembly line component machine to a manufacturer. A lawsuit was filed alleging patent infringement, breach of a license agreement and unjust enrichment. Plaintiff sought damages in excess of $10 million. Defendant counterclaimed, alleging that the patents were invalid and unenforceable and sought an injunction […]

Commercial/Contract/Business

Swimming pool supply company sued distributor for breach of settlement agreement in dispute over sales and territory. Matter resolved in part by extension of territory and reduction of commission.

Commercial/Contract/Business, Racing

Internationally known professional race driver brought an action against his former racing team for breach of contract. The team counterclaimed, alleging that the driver had failed to account to the team for all sponsorship monies. The matter was settled over a period of several days, with final settlement occurring in a five-way conference session involving […]

Commercial/Contract/Business

Advertising specialty product distributor and manufacturer settled a contract dispute in which the distributor, who grew from a garage business to over $8 million gross sales in four years, alleged that the manufacturer breached an oral agreement to sell products and engaged in unfair competition.

Commercial/Contract/Business

Several plaintiffs brought suit against a financial institution and former bank officer, alleging that they relied on the bank officer’s recommendations and invested in “off shore” investments which turned out to be a “ponzi scheme”.

Commercial/Contract/Business

A complex case involving two medical professional groups, two former employees and eleven industrial professionals. An action was brought for breach of fiduciary duty, interference with contractual relationships and other actions when an employee and former employee formed a competing company. A third party complaint for legal malpractice, seeking indemnity from the attorney giving an […]

Commercial Disputes

Two international companies were involved in a dispute over coating services agreements relating to plants in France and Sweden. All matters were resolved one week before the first of two arbitrations were scheduled to begin with the International Centre for Dispute Resolution.

Class Actions

A class action was brought against a cable television company alleging that late fines were improperly calculated and that the fees were improper because they amounted to unlawful penalties. The matter was resolved in part by the issuance by the company of coupons to the class members for a certain menu of cable benefits.

Class Actions

A class action was brought against a chain of nursing homes, alleging irregularities and overcharges for medical supplies and pharmaceuticals. One part of the resolution involved settling the amount for the class and conducting a hearing to determine appropriate attorneys’ fees.

Class Actions

A class action was brought on behalf of investors purchasing interests in a series of real estate investment trusts. The action was brought against the financial advisers, their attorneys and accountants. The matter was settled in part by an assignment of the interests of certain class members to the insurers of the defendants.

Class Actions

Mediated class action involving customers of payday loan who alleged violation of consumer statutes, breach of contract and violation of usury laws.

Class Actions, Commercial Disputes

HealthSouth: Appointed by State Court Judge in Birmingham, Alabama, to mediate the state court litigation alleging billions of dollars of losses stemming from accounting and financial reporting fraud. The litigation included derivative actions and class actions for fraud and breach of fiduciary duty and securities fraud actions against officers, directors and outside accounting and investment […]

Bankruptcy

State court litigants filed an involuntary bankruptcy petition against another corporate litigant. Allegations and adversary proceedings involving fraudulent transfers and breaches of fiduciary. The Trustee sought approval for a settlement, which the court after hearing, denied. All of the issues were then mediated, resulting in a global settlement which all parties agreed to support and […]

Bankruptcy

The Chapter 11 Debtor brought eight or more adversary proceedings against various individuals and entities who allegedly received fraudulent transfers from the debtor corporation or its former officer and director. An action was also maintained against the corporation’s accountants. The various defendants alleged that the transfers were loans to officers, banned by laches and applicable […]

Bankruptcy

Adversary proceeding in which Trustee brought action for equitable subordination, to recover preferential transfer for benefit of creditors and for recovery of post-petition transfers. The Debtor brought action to recover accounts receivable and other assets as secured creditor. Issues included whether cash infusions were loans to capital.

Bankruptcy

Trustees in two of the bankruptcies had filed adversary proceedings against the former accountants and lawyers of the former CEO of the bankrupt companies, alleging RICO violations. Suits were also filed against numerous entities allegedly related to the former CEO, alleging conspiracy to defraud creditors. Counterclaims were filed personally against the Trustee for breach of […]

Bankruptcy

Appointed by Federal Bankruptcy Judge to mediate global settlement of three interrelated bankruptcies and numerous adversary proceedings involving over forty persons or entities.

Bankruptcy

State court litigants filed an involuntary bankruptcy petition against another corporate litigant. Allegations and adversary proceedings involving fraudulent transfers and breaches of fiduciary. The Trustee sought approval for a settlement, which the court after hearing, denied. All of the issues were then mediated, resulting in a global settlement which all parties agreed to support and […]

Appellate

Fifty-year old professional male was awarded an eight-figure damage amount in the trial court and the matter was mediated and settled after an Indiana Court of Appeals decision affirming the verdict but before a Petition to Transfer to the Indiana Supreme Court was ruled on. Part of the mediation process involved discussion of the percentages […]

Appellate

An interlocutory appeal was pending from the trial court’s denial of a Motion for Summary Judgment. The Appellant, a financial institution, argued that Ohio Valley Plastics, Inc. v. National City Bank, 687 N.E.2d 260 (Ind.Ct.App. 1997) required the trial court to grant summary judgment when a subcontractor brought suit against the bank for failing to […]