Representative Cases – Van Winkle • Baten Dispute Resolution

CASE TYPES

ALL
Antitrust
Appellate
Asbestos
Automtive
Aviation
Banking
Bankruptcy
Business
Child Molestation
Civil Rights
Class Actions
Collective Action
Commercial / Contract / Business
Commercial Disputes
Computer Technology
Construction
Contract
Cyber Breach
Domestic Cases
Dram Shop
Education
Eminent Domain
Employment
Energy
Environmental
ERISA
Estate
Fair Housing Act/Disability
False Claims Act
Financial Institutions
Franchise
Fraud
Government
Healthcare
Hospitality
Insurance
Insurance Coverage
Intellectual Property
Malpractice
Marine
motorsports
Not-for-Profit
Nursing Home Negligence
Partnership
Patent
Personal Injury
Pharmaceutical
Premises Liability
Probate
Product Liability
Professional Liability
Racing
Real Estate
Securities Law
taxation
techology
Telecommunications
Trademark/Copyright
Transportation
Uncategorized
Wrongful Death

CASE TYPES

CASE DESCRIPTIONS

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.

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 of transfer petitions granted, the number granted which included issues of failure to give instructions and the number of cases involving eight-figure verdicts in which transfer was granted.

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 make a construction loan to its primary contractor. The case was settled and the appeal dismissed.

ASBESTOS

Resolved malignant mesothelioma claim alleging take home and direct exposures to asbestos-containing products against multiple defendants including product manufacturers, steel mill, and painting contractor.

: Resolved malignant mesothelioma claim alleging take home and direct exposures to asbestos-containing products against multiple defendants including product manufacturers, steel mill, and painting contractor.

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

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

AUTOMOTIVE

Resolved dispute arising from vehicular accident involving semi-trailer hauling grain and passenger vehicle.

Resolved dispute arising from vehicular accident involving operator of farm combine and driver of passenger vehicle.

Resolved dispute between vehicle owner and service warranty company relating to service claims under the Magnuson-Moss Warranty Act, bad faith and common law.

Observed mediation resolving dispute between automobile dealer and automobile manufacturer relating to service performance program.

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

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

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

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

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.

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.

Business, Banking: Independent contractor deposits checks of his principle in a similarly named account to which only the I.C. has access. Seven figure loss. UCC, negligence, fraud and set off claims asserted.

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.

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

Bankruptcy (Liquidation): Allegations of production software failure leading to demise of a start-up steel rolling facility.

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 for which they would seek court approval.

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 limitation periods and that the transfers were not from the company but from the former officer directly.

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 fiduciary duty. Over twenty lawyers were involved in the mediation sessions, which extended over a forty-five day period.

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

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 for which they would seek court approval. (JVW)

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.

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

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

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.

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.

Business (Dissolution): Former plastic surgeon partners severed their relationship. Each has the intention of competing in the same geographic area. The partners reached a tentative agreement brokered by a 3rd party doctor of mutual agreement, but this agreement fell through. The partner that took most of the equipment with him in the original breakup entered into a structured settlement to pay the other partner for the equipment. There remained sufficient mutual professional respect to allow the parties to overcome the legal positioning that wrecked the original agreement.

Business (Dissolution): Minority shareholder sues dominate shareholder for breach of fiduciary duty and receivership due to impasse.

Business, Contract: The parties renegotiate a contract for an outdoor advertising sign that is interfering with the property owner’s ability to sell his property. The original contract was of questionable validity. The Landowner needs to sell his property due to age and financial considerations and the advertising company needs to continue this lease due to its prime location near the Indianapolis Motor Speedway. Agreed to terminate the contract at the conclusion of the racing season immediately following any future sale of the property. The sign company reserves the right to renegotiate with any purchaser. (DLR)

Business, Contract: Physical therapy services provider enters into a contract to be the exclusive physical therapists at a nursing home. Suit is brought to collect for services provided pursuant to this contract, and for violation of the exclusive provider clause. It is alleged that the nursing home hired the exclusive provider’s staffers and began to bill Medicare for physical therapy in its own name. The nursing home counters that there were excessive charges that did not comport with Medicare billing requirements. The bottom line is the nursing home was on the verge of bankruptcy due to changes in the Medicare reimbursement procedures and could not continue to operate under the contract without ceasing to do business. The seven-figure claim faced reality.

Business, Contract: Engine supplier pursues an invoice for service. End user counter sues for overcharges, negligent repairs and business interruption. Diesel engines and drilling equipment were at the center of the dispute.

Business, Contract: Consultant company charged with maintenance of water in a skyscraper’s chilled water cooling system. System experienced significant scaling and fouling from well water, non-softened water supply. Remedies included acidification and clorination. Eddy current and coupon tests performed. Pitting in copper pipes results in leaks that invade freon chamber causing destruction of the compressors. $400,000 in system repairs requested of consultant and manufacturer representatives.

Business, Banking: Independent contractor deposits checks of his principle in a similarly named account to which only the I.C. has access. Seven figure loss. UCC, negligence, fraud and set off claims asserted.

Business (Asset Purchase Agreements): An action to collect an account stated for a percentage of gross profits that were to be paid to the seller of a large truck sales franchise. The counter-claim is for various breaches of the buy-sell agreement including a misrepresentation of inventory and intentional interference with the buyer’s business opportunities. The resolution of a relatively small personal property dispute led to the resolution of six figure crossing claims.

Business (Asset Purchase Agreements): Employees of an organ manufacturer clandestinely compete with their employer. Afterward, the employees enter into an asset purchase agreement for the purchase of the company. The original company sues for breach of fiduciary duty and for payment of the 10% of gross annual sales for 10 years called for in the agreement. Case is resolved at a pre-suit mediation by restructuring the original asset purchase agreement. (DLR)

Education — Child Molestation: Resolved matter involving alleged child molestation of 7 year old at public school.

Civil Rights: Resolved claims by family whose six children were taken away by child protective services after case worker made fraudulent findings during undisclosed relationship with one of the children’s estranged father.

Civil Rights: Resolved claims by family whose six children were taken away by child protective services after case worker made fraudulent findings during undisclosed relationship with one of the children’s estranged father.

Civil Rights: Resolved claims by family whose six children were taken away by child protective services after case worker made fraudulent findings during undisclosed relationship with one of the children’s estranged father.

Civil Rights – Fair Housing Act: Resolved FHA claims alleging hundreds of violations at large apartment complex.

Civil Rights — Correctional Facility: Inmate at prison died from alleged neglect by prison guards after he collapsed from asthmatic attack in prison recreational area.

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

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

Civil Rights — Correctional Institution: Resolved claim involving alleged rape of female prisoner by guard at correctional institution.

Civil Rights: Resolved claim by woman who was sexually assaulted by police officer.

Employment: Resolved claim of wrongful termination under ADA by long term partner at AMLAW 50 firm.

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

Civil Rights (Whistleblower): Resolved dispute involving allegations of retaliation on “whistleblowers” involving corruption within city police force.

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 growing marijuana-based product business. Multiple derivative suits were also filed and mediated jointly with the securities class actions.

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.

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

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

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.

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

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.

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.

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 bankers, and included multiple actions by insurance companies for rescission.

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

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 initial issue mediated was the template or format for settlement and the discussions proceeded on parallel tracks for a period and then eventually morphed into a lump sum approach. One key to the settlement was the designation and participation of a small representative group of claimants, which group negotiated with the company and agreed upon a settlement that would be recommended to the whole group. A confidential session was conducted in the mediation context in the formal of a “town hall meeting” at which time the proposed settlement was presented and questions addressed to all the claimants. The mediator addressed the group on issues of process and then left the meeting. Plaintiffs’ counsel, because their focus and negotiation at the start of the process was on an individual settlement basis, had met with each plaintiff and early in the process ascertained that claimant’s “bottom line.” Those bottom line amounts were not shared internally in the claimants group and the amounts were then used to compute percentages which each claimant would receive from the final gross amount. The settlement approach required the small representative group of claimants to negotiate the best result they thought attainable and required the defendants to then commit to pay that amount if all claimants accepted his or her pro rata share. All claimants accepted and the fall back alternative of a “blow up” threshold of claimants accepting was not needed.

COMMERCIAL

Resolved dispute between owners of vehicle custom vinyl wrap business.

Resolved dispute between flight instruction entity and former management employees involving claims for breach of fiduciary duties, tortious interference with contractual relationship, breach of confidentiality agreement, misappropriation of trade secrets, and civil conspiracy.

Resolved dispute between janitorial service vendor and owner of commercial building.

Mediated breach of contract, replevin, and foreclosure of security interests claims by lessor of commercial property against tenant relating to alleged breach of environmental covenants due to printing operations.

Resolved dispute between public adjuster and homeowner concerning fees owed for adjusting of fire loss claim with homeowner’s insurer.

Resolved dispute between former owner of commercial entity that performed manhole lining for wastewater utilities and the company relating to breach of an exclusive license agreement, specifically a non-compete clause and liquidated damages.

Mediated dispute between electrical contractor and general contractor relating to electrical design work and lighting fixtures installation at new dental office.

Resolved dispute between public adjuster and homeowner who sustained water damage concerning fees allegedly owed in securing insurance coverage for repairs to the property.

Mediated dispute between horse farm owner and excavation/general contractor for design and construction of new indoor horse-riding arena.

Resolved dispute between restoration company and homeowners for emergency dry-out services, labor, and improvements to real estate.

Mediated dispute between new owner of golf course and former golf course manager relating to improvements allegedly removed from the property and items left that were allegedly converted unlawfully.

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

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

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

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

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

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.

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

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

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: 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 and monetary damages on antitrust claims. Settlement of all claims was reached, based in part upon a continuing business relationship.

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 individuals in Europe and the U. S.

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 opinion letter in the proposed new venture. The matter presented unique challenges because of the multiple claims, parties and attorneys. (s

Commercial/Contract/Business (Partnership Dissolution): Resolved Claims by dispossesed partner for 50% of partnership assets where no partnership agreement existed.

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

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.

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

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

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.

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

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

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.

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: 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.

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

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

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.

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: 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.

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, 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 bankers, and included multiple actions by insurance companies for rescission.

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.

CONSTRUCTION

Resolved disputes between individual hired to assist in the design and construction of two multi-family projects and the construction management firm and the estate of the owner of said firm; involved civil and probate actions.

CONSTRUCTION

Resolved dispute by condominium association against developer/condominium developer, roofing contractor, and subcontractor concerning alleged design and construction defects related to moisture issues from windows, EPDM roof, and rooftop terraces.

Resolved dispute between lumber company, general contractor, and roofing contractor involving breach of contract, defective roofing products, and defective installation work on health care facilities.

Mediated multimillion dollar dispute between general contractor and public entity relating to claimed unpaid fees, including change orders and acceleration, and owner’s claimed liquidated damages for failure to timely complete extensive runway project.

Resolved dispute by homeowners against home builder and homeowner’s insurer alleging defective original construction work and defective repair work after storm damage and breach of contract and bad faith in adjusting the storm damage claim.

Resolved dispute by furniture company against its insurer for hail damage to three metal roofs on its commercial building alleging breach of contract and bad faith claims in excess of $5.0 million.

Resolved dispute by homeowner against seller of real estate and builder alleging failure to disclose defects and/or repair defects.

Mediated dispute between homeowners and homebuilder relating to allegedly defective design and construction of new home involving claims for breach of contract, fraud, defamation, interference with a contractual relationship, and violations of Indiana Deceptive Consumer Sales Act.

Resolved dispute between homeowners and contractors relating to defective workmanship for a kitchen remodel; claims included breach of contract, negligence, deceptive acts, and breach of implied warranties.

Resolved dispute by renovation contractor against property manager/investment company who hired it to work on home believing it to be owned by one party when the home was in fact owned by another party. Claims and counterclaims involved breach of contract, agency, foreclosure of mechanic’s lien, unjust enrichment, and deceptive practices.

Mediated dispute between developer/owner and civil engineering firm relating to the development of a 60-acre subdivision including the design and construction of a sanitary sewer system capable of serving the homes and the adjacent apartment complex. Claims alleged defective design and construction of the retention pond and storm water drainage system resulting in flooding and fewer lots able to be developed and sold.

Resolved dispute between homeowner and home builder for the construction of a new single-family residence involving cracked ceramic tiles due to allegedly insufficient structural joists and lack of vapor barrier.

Resolved dispute by homeowners against home builder and its insurer for defective construction work on new home.

Mediated dispute between commercial property owner, general contractor, and plumbing subcontractor relating to allegedly defective installation of sewage backflow preventer.

Resolved dispute between homeowner and roofing contractor relating to claims of defective workmanship resulting in moisture intrusion issues.

Mediated dispute between homeowner and window manufacturer and contractor relating to allegedly defective windows installed in a new custom home which allegedly leaked causing property damage.

Mediated dispute between subcontractor, general contractor, and church relating to renovation of church building, exterior drainage and parking areas and associated claims for breach of contract, foreclosure of mechanic’s lien, and defective design and construction.

Resolved dispute between homeowners and home builder concerning alleged construction defects for home renovation.

Resolved dispute between contractor and hotel owner concerning improvements made to the hotel.

Resolved dispute involving claims by owner against general contractor and mechanical subcontractor concerning renovation of a commercial project; also involved contractor’s surety.

Mediated dispute between owner of historic downtown commercial property and general contractor engaged to perform interior demolition, cleanup, repairs and renovation of the building; claims involved breach of contract, and foreclosure of mechanic’s lien.

Resolved dispute between homeowners and home builder hired to renovate historic home involving claims for breach of contract, violations of the Indiana Home Improvement Contract Act and Deceptive Consumer Sales Act, slander of title, and fraud.

Resolved dispute between general contractor, property owner, investment company, and property manager relating to improvements made to the real estate including resolution of mechanic’s lien claim.

Resolved disputes between masonry contractor and homeowners relating to allegedly defective construction of a metal fence with brick columns and associated landscaping involving claims for breach of contract, and violation of Indiana Home Improvement Contract Act and Deceptive Consumer Sales Act.

Resolved dispute between homeowners and general contractor relating to a home addition involving allegedly defective workmanship, including but not limited to HVAC and water intrusion issues, breach of contract, and violations of the Indiana Home Improvements Contract Act.

Mediated disputes between owner, general contractor, subcontractor, design consultant, and product supplier involving design and construction of new dairy plant arising from property damages sustained as a result of missing filters in certain tanks for the processing system including claims for additional fees incurred to investigate and repair system.

Resolved disputes relating to restoration company’s claim for payment for demolition, cleanup, and construction services rendered against commercial property owner after fire damage.

Resolved disputes between homeowner and sealant contractor relating to defective treatment and sealing of deck on homeowner’s lake home involving claims of breach of contract and Indiana’s Deceptive Consumer Sales Act.

Resolved dispute by homeowners against general contractor and subcontractors relating to allegedly defective work on kitchen cabinetry and counter tops.

Resolved disputes by owner and investment firm against general contractor for work done on houses to be flipped involving claims for alleged violations of the Indiana Home Improvement Contract Act, Breach of Contract, Fraud, Slander of Title, Unjust Enrichment, and Foreclosure of Mechanic’s Lien.

Resolved dispute between carpentry contractor and homeowner relating to unpaid fees for installation of hardwood floors alleged to be defective or improperly installed.

Mediated disputes between homeowner and renovation contractor relating to unpaid fees and materials and defective workmanship.

Resolved dispute between homeowner and general contractor for defective work resulting in leaks and moisture intrusion to the interior and drainage problems in the crawlspace.

Resolved dispute between homeowners, general contractor, and subcontractors relating to the design and construction of an addition to a single-family residence, primarily defective plumbing work which resulted in mold, and damage to personal property and the home itself.

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

Insurance Coverage: Resolved claims involving construction of Indianapolis airport.

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

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.

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.

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.

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

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.

Construction: Mediation involving various problems with roof over natatorium.

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.

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.

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

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.

Construction: Resolved various claims involving large conveyor project at auto manufacturing plant

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.

Construction: Resolved claim involving construction of new hospital

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

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

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

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

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

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

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

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

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

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

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 (Site Safety): A worker is electrocuted on the job site. He has collected significant worker’s compensation benefits and there is a lien. He blames the manufacturer of a junction box for failure to properly instruct end users and for failure to service unit properly. The parties agree to assess only 17% of fault against the manufacturer. This is disclosed to the lien holder during negotiations and becomes an accepted fact in the compromise of the lien.

Construction (Residential): Builder of new homes agrees to do finish work on luxury townhouse ($1.5M value) as a favor to the owner. The owner alleges the work was not up to industry standards and defective. There is also an allegation of defective sewer connections and damages that flowed from that. The builder protects his otherwise good reputation in mediation with a confidentiality agreement

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: 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.

Construction (Architect), Malpractice: Claims related to $200 million residential/commercial development project at Notre Dame University.

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

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.

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

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

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

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

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

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.

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.

Contract (Government): Non-bid services contract negotiations with state agency and in vendor attempting to enforce contract and state denying existence of the contract. Final contract was fully executed by all departments and the vendor, but the executed document was not communicated to the vendor.

Business, Contract: The parties renegotiate a contract for an outdoor advertising sign that is interfering with the property owner’s ability to sell his property. The original contract was of questionable validity. The Landowner needs to sell his property due to age and financial considerations and the advertising company needs to continue this lease due to its prime location near the Indianapolis Motor Speedway. Agreed to terminate the contract at the conclusion of the racing season immediately following any future sale of the property. The sign company reserves the right to renegotiate with any purchaser. (DLR)

Business, Contract: Physical therapy services provider enters into a contract to be the exclusive physical therapists at a nursing home. Suit is brought to collect for services provided pursuant to this contract, and for violation of the exclusive provider clause. It is alleged that the nursing home hired the exclusive provider’s staffers and began to bill Medicare for physical therapy in its own name. The nursing home counters that there were excessive charges that did not comport with Medicare billing requirements. The bottom line is the nursing home was on the verge of bankruptcy due to changes in the Medicare reimbursement procedures and could not continue to operate under the contract without ceasing to do business. The seven-figure claim faced reality.

Business, Contract: Engine supplier pursues an invoice for service. End user counter sues for overcharges, negligent repairs and business interruption. Diesel engines and drilling equipment were at the center of the dispute.

Business, Contract: Consultant company charged with maintenance of water in a skyscraper’s chilled water cooling system. System experienced significant scaling and fouling from well water, non-softened water supply. Remedies included acidification and clorination. Eddy current and coupon tests performed. Pitting in copper pipes results in leaks that invade freon chamber causing destruction of the compressors. $400,000 in system repairs requested of consultant and manufacturer representatives.

Cyber Breach: A Fortune 500 company (“Company”) experienced what was, at the time, the largest data breach reported. Hackers obtained credentials of a third party vendor of the Company, giving them direct access to all cash registers and servers in the individual retail stores of the Company. Approximately 40,000,000 credit card and debit card numbers were accessed, as well as 70,000,000 names and addresses of customers. The Company filed actions against several insurance companies in the cyber insurance tower and the mediation that I was involved in involved an excess insurer in that tower.
The insurance company defended on the basis that the Company had been advised by departments of the government about the potential breach, at or before the application for insurance was completed and the insurance company claimed that the prior and pending exclusion was applicable.

: A Fortune 500 company (“Company”) experienced what was, at the time, the largest data breach reported. Hackers obtained credentials of a third party vendor of the Company, giving them direct access to all cash registers and servers in the individual retail stores of the Company. Approximately 40,000,000 credit card and debit card numbers were accessed, as well as 70,000,000 names and addresses of customers. The Company filed actions against several insurance companies in the cyber insurance tower and the mediation that I was involved in involved an excess insurer in that tower.
The insurance company defended on the basis that the Company had been advised by departments of the government about the potential breach, at or before the application for insurance was completed and the insurance company claimed that the prior and pending exclusion was applicable.

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 defendant’s controlled access point. Third party defendant maintained that under the applicable service contract, liability was disclaimed and/or limited by the yearly fee paid.

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

Domestic Cases: Domestic partners dispute distribution of significant equity in home and personal property. Relationship with one partner’s children also discussed.

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

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

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

Education — Child Molestation: Resolved matter involving alleged child molestation of 7 year old at public school.

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 dispute involving excavation issues on large project at college campus.

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.

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

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.

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

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

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

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.

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

Employment: Resolved claim of wrongful termination under ADA by long term partner at AMLAW 50 firm.

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

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 (Fiduciary Responsibility/Trade Secrets): Employees of an organ manufacturer clandestinely complete with their employer. Afterward, the employees enter into an asset purchase agreement for purchase of the company. The original company sues for breach of fiduciary duty and for payment of the 10% of gross sales for 10 years called for in the agreement. Case is resolved in a pre-suit mediation by restructuring the original asset purchase agreement.

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 employee fell trying to use the restroom and was seriously injured.

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.

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 gone on to another position but believed the termination was the result of a personality dispute between himself and the supervisor.

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 employee fell trying to use the restroom and was seriously injured.

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 in contention was the applicable statute of limitations in Indiana for 1981 action; two-year personal injury statute or ten years when the employment contracts are in writing. All four cases were settled over two days of mediation.

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 president was invited by the bank to attend the medation and be available as a fact resource.

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.

Employment (Discrimination): Woman alleges a hostile work environment due to sexual innuendos and inferences. There is no explicit or overt explicit sexual advance. The employee “voluntarily” ended her employment. The issue presented is whether the plaintiff presents sufficient circumstantial evidence that would establish a prima facie case and the shifting of the burden of proof.

Employment (Discrimination): Whistleblower: Whistleblower claims she was wrongfully discharged. An employment contract governs the relationship of the parties. The employer claims trade defamation by the disclosure of financial, marketing, customer and formula information to a direct competitor. The competitor was joined in the discussions and a global settlement was reached.

Employment (Compensation): A “broker” represented an electronic coating services company. The contract establishing this relationship contained non-solicitation and non-compete clauses. The “broker” engaging the interests of venture capitalists regarding a buyout of business by the “broker” and his new business partners resolves a seven-figure claim. The manufacturer agrees to sell a part of its business that was under producing to the broker who had the business connections to bring the under producing lines to profitability. Asset purchase is pending at this time. This was a multi-party and multi-session case.

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

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.

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

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.

Energy: Resolved dispute between power companies related to supply agreement and consequences of idling/retiring one of the power plants under that agreement.

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

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.

Commercial Disputes (Energy): Dispute involving joint venture between major oil company and owner of 26 gas stations.

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

ENVIRONMENTAL

Mediated ELA claims by current owner against three (3) potentially responsible parties over chlorinated solvent and petroleum contamination of commercial property. Case ultimately resolved after mediation session.

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

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.

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.

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.

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

Environmental: Environmental claims agains manufacturers of dry cleaning equipment.

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

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

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

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.

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.

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

Environmental — Meth Lab Remediation: Resolved claim against insurers for remediation, and possible tear-down, of rental house used as a meth lab.

Environmental: Resolved dispute involving insurance coverage for remediation of large manufacturing complex

Insurance, Environmental: Disputes related to environmental remediation at former salvage yard slated for redevelopment. (

Environmental (Waste Water): Consultant company charged with maintenance of water in a skyscraper’s chilled water cooling system. System experienced significant scaling and fouling from well water, non-softened water supply. Remedies included acidification and clorination. Eddy current and coupon tests performed. Pitting in copper pipes results in leaks that invade freon chamber causing destruction of the compressors. $400,000 in system repairs requested of consultant and manufacturer representatives.

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.

Environmental (Mold): Insurance company denies coverage under “fungus” and “workmanship” exclusions. Large commercial building asserts water intrusion as the source of loss with mold as a result. An industrial hygenist, a consulting engineer and the original contractor participated in the mediation. Bad faith also asserted in the denial of the claim. No personal injury asserted.

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

ERISA: Resolved claim involving termination of long-term disability benefits

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.

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.

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

FAIR HOUSING ACT/AMERICANS WITH DISABILITIES ACT

Resolved FHA claims relating to interior and exterior accessibility issues at apartment complex against Owner, General Contractor, and Architect.

Resolved FHA claims relating to interior and exterior accessibility issues at apartment complex against Owner and Architect.

Resolved FHA claims relating to interior and exterior accessibility issues at apartment complex against Owner and General Contractor.

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

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

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

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.

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

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

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.

Financial Institutions — Bond Claims: Multi-million claims by bank on its Financial Institution Bond related to fraudulent RV loan scheme by customer

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.

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.

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.

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 which endorsed the checks and deposited them in Bank “B”. When presented with affidavits of forgery, Bank “A” returned the check to Bank “B”. Bank “A” brought an action against Bank “B” to recover its seven figure amounts of the checks returned, alleging that Bank “A” missed the “midnight deadline” and that the checks were in fact endorsed properly under the UCC in that the endorser was an officer of the mortgage company and the payee and was a “person entitled to enforce”. The law firm was joined for negligently forwarding the funds to the mortgage broker instead of disbursing the funds pursuant to the closing statements.

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

Real Estate — Fraud: Suit involving loss of funds to build luxury home paid to builder who subsequently went out of business before building home

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.

Banking (Fraud): Suit by partners in auto dealership against bank for allowing crooked partner to engage in massive check kiting scheme.

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.

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

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

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

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.

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.

Health Care: Resolved disputes involving medical billing contracts and contractors.

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

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

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

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.

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 case involving cost to remediate flood-damaged hospital.

Commercial Disputes (Health Care): Resolved break up of large joint venture between two hospitals.

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.

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 could sell the membership interest for fair market value and also sought reimbursement for substantial distributions made to other members since the bankrupt physician’s termination. The Operating Agreement contained a provision stating that a member’s bankruptcy constituted an offer to redeem the member’s shares for one dollar. The Trustee argued that such provisions were invalid and that certain applications of the Operating Agreement violated the Starks Act.

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 also owned its imaging center. Two of the members voted to terminate the third under authority of the applicable operating agreement. The mediation involved extended and detailed negotiations concerning how the sub group could divide, with each continuing to serve patients of the master group and how assets and revenues should be distributed.

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. The mediation involved 30 to 40 different individuals and interests and multiple claims, including legal malpractice claims growing out of the organization and formation of the competing entity.

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, alleging that the physician violated the agreement by opening a separate medical practice. The surgeon brought a counter-claim for breach of contract and punitive damages for seeking to block him from rendering services to the community, claiming he was the only vascular surgeon servicing his geographical area.

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 this action constituted a practical breach of the service agreement which had a set term not yet expired.

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 the healthcare industry and the contractual and intellectual property issues that arise in that context.

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

INSURANCE COVERAGE

Resolved dispute between homeowners and their homeowner’s insurer for coverage and claim valuation for property damage resulting from a leaking water supply line in the crawlspace of their home.

Resolved homeowner’s breach of contract and bad faith claims against homeowner’s insurer resulting from damage to residence from allegedly defective work by contractors.

: A Fortune 500 company (“Company”) experienced what was, at the time, the largest data breach reported. Hackers obtained credentials of a third party vendor of the Company, giving them direct access to all cash registers and servers in the individual retail stores of the Company. Approximately 40,000,000 credit card and debit card numbers were accessed, as well as 70,000,000 names and addresses of customers. The Company filed actions against several insurance companies in the cyber insurance tower and the mediation that I was involved in involved an excess insurer in that tower.
The insurance company defended on the basis that the Company had been advised by departments of the government about the potential breach, at or before the application for insurance was completed and the insurance company claimed that the prior and pending exclusion was applicable.

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.

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

Insurance – Brokerage: Resolved various disputes between insurance brokers and brokerage owners and employees.

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

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 failure to give notice of and failure to disclose “claims” made prior to the inception of the policy. The broker dealer, against whom some twenty claims were filed, defended on the basis that the information that it had prior to the policy date indicated mere “complaints” not formal claims as required by the policy. The insured counter-claimed alleging bad faith refusal to defend and pay claims and alleged that it had suffered multiple millions of dollars of damages resulting from the failure of an asset purchase to close due to the breach of contract by the insurer. Settlement options for the company and claimants were clouded by the likelihood of a bankruptcy of the company and the resulting potential preferences.

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

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.

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.

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.

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.

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

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

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.

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.

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

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.

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.

Insurance Coverage — Environmental: Resolved claim for coverage related to toxic tort class action in Taiwan.

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.

Insurance — Life Insurance, Viatical Settlement: Resolved multi-million dollar claim against viatical settlement company by its leading investor.

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.

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

Financial Institutions — Bond Claims: Multi-million claims by bank on its Financial Institution Bond related to fraudulent RV loan scheme by customer

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

Insurance – Worker’s Comp: Resolved matter involving dramatic increase in national company’s worker’s comp premiums.

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

Insurance Coverage — Hurricane Damage: Mediated coverage disputes related to widespread damage from hurricane at 70 building apartment complex

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

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

Insurance, Environmental: Disputes related to environmental remediation at former salvage yard slated for redevelopment. (

Insurance (Coverage): Resolved insurance coverage claims related to White River Fish Kill.

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 (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 about, but did not disclose, the improper accounting which in part led to the restatement. The Insured filed a counterclaim breach of contract for failure to pay the policy limits and for bad faith, alleging that the Insurer never relied on the financial information, that the Insured’s accountants had approved the accounting methods and that the Insurer used the threat – and eventually the reality – of the recission simply as a strategy to reduce the expectations of the claimants in the underlying suit which settled for mid to high eight figures.

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 denied payments on the basis that the company did not provide actuarial evidence or another accepted method of valuing its claims with reasonable certainty. One key issue was whether the focus should be on the information available on the date the court set as the deadline for submitting claims or whether subsequent events should be considered. After the deadline, one of the pending cases resulted in a billion dollar verdict but that verdict was subsequently reversed on appeal.

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 doctor and an insurer who wrote a commercial umbrella liability policy with a limit of $2,000,000. The parties agreed that the $1,000,000 received from the tortfeasor would be a set-off against the $2,000,000 UIM coverage, but the parties disagreed as to whether or not the doctor’s disability payments should work as a setoff. The insurer cited policy provisions reducing coverage by “underlying insurance” which included “any type of self-insurance or alternative method by which the ‘insured’ arranges for funding of legal liabilities which would also be insured under this policy”

Insurance (Coverage): A metal rack falls off a horse trailer causing a trailing vehicle to wreck. The issue was not the amount of the claim, but rather which insurance company was responsible, the insurer of the towing vehicle or the insurer of the trailer itself.

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 (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 had previous treatment for chronic bronchitis. The insurance company denied payment and brought an action to rescind the policy. The insured counter-claimed for bad faith and punitive damages and cited other 8-figure judgments and settlements in similar cases against the same insurer for “post claim underwriting”.

Insurance (Bad Faith): A company refused to settle a clear liability wrongful death claim for $25,000 limits. However, the limits were offered six weeks after the initial demand. The case went to trial, excess judgment rendered for $166,000. The defendant/insured declared bankruptcy.

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.

Environmental (PCB Contamination): Resolved coverage dispute involving remediation of PCB contamination of Fox River in Wisconsin.

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.

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 bankers, and included multiple actions by insurance companies for rescission.

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.

INSURANCE COVERAGE

Resolved dispute between homeowners and their homeowner’s insurer for coverage and claim valuation for property damage resulting from a leaking water supply line in the crawlspace of their home.

Resolved homeowner’s breach of contract and bad faith claims against homeowner’s insurer resulting from damage to residence from allegedly defective work by contractors.

: A Fortune 500 company (“Company”) experienced what was, at the time, the largest data breach reported. Hackers obtained credentials of a third party vendor of the Company, giving them direct access to all cash registers and servers in the individual retail stores of the Company. Approximately 40,000,000 credit card and debit card numbers were accessed, as well as 70,000,000 names and addresses of customers. The Company filed actions against several insurance companies in the cyber insurance tower and the mediation that I was involved in involved an excess insurer in that tower.
The insurance company defended on the basis that the Company had been advised by departments of the government about the potential breach, at or before the application for insurance was completed and the insurance company claimed that the prior and pending exclusion was applicable.

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.

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.

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 and monetary damages on antitrust claims. Settlement of all claims was reached, based in part upon a continuing business relationship.

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 after mediation date and effectively preluded over lap in evaluations.

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.

Malpractice — Errors & Omissions: Resolved dispute between Owner General Contractor of shooting gallery and Engineer reading representations about sound levels

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

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

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

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.

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.

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.

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.

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

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%

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.

Malpractice (Real Estate): A real estate broker is sued for an oral representation of acceptance of an offer to purchase. The owner accepts, in writing, an offer for more money one day after the broker’s representations to the potential buyer.

Malpractice (Podiatrist): A case filed against a podiatrist who performed Bunion surgery. The patient had a stress fracture that later required a fusion surgery. The patient now complains of chronic pain. The issue is whether the patient gave an informed consent. The medical review panel gave a unanimous opinion for the physician.

Malpractice (Pharmacist): In a negligent prescription case against a pharmacist, the issue is whether eleven days of excessive dosage caused the injuries alleged. The patient fell and suffered a broken rib and excessive diarrhea.

Malpractice (Medical): Allegations by patient of inappropriate sexual relationship/assault by psychiatrist.

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 damage. Issues were presented as to whether settling healthcare provider treated the son, whether that issue was foreclosed by the underlying settlement, whether one or two “caps” would apply and whether the mother’s claim for emotional distress was viable

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 father petitioned the Patient’s Compensation Fund. Issues were presented as to whether the underlying settlement which established “liability” also established a binding finding of a patient-physician relationship between the son and one of the care providers or whether that issue could be litigated by the PFC. Issues were also presented as to whether one or two “caps” were applicable to the matter.

Malpractice (Medical): Nursing care at issue in case against a hospital. The patient alleges that decubitus ulcers, sepsis, and a significant number of other health problems were a direct and proximate result of the care. This involves an elderly patient, a wrongful death claim and an elderly wife’s consortium claim.

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 (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.

Malpractice (Legal Medical): The case of a 10-month delay in the diagnosis of lung cancer piqued a discussion of the loss of chance doctrine, sec. 323 restatement of torts. The tumor was revealed on an x-ray for orthopedic problem, but the radiologist not looking for problems associated with the lung did not discover the mass. The oversight was only discovered when the patient is treated for what turned out to be cancer related symptoms. The subsequent x-ray revealed the cancer and the patient went back to see if the cancer was apparent in the initial x-ray. It was and the patient’s cancer surgery and treatment were not successful. She had only months to live at the mediation.

Malpractice (Insurance Agent): A medical doctor paid out over $30,000 for an employee’s workers compensation claim including treatment the doctor provided in his office. The insurance company denies coverage because workers compensation coverage was never put in force. The doctor asserts a claim against his for the failure to provide this insurance coverage. The allegation is that the agent orally told the doctor he was covered for “all business purposes”.

Malpractice (Dental): Medical review panel says standard of care met. Two independent medical review doctors find there was failure to meet standard of care. The case involved the care of a brittle diabetes patient upon whom oral surgery was performed. The patient’s blood sugar count spiked resulting in a hospitalization. A very difficult issue in this case is procuring the consent to settle from an extremely reluctant health care provider.

Malpractice (Chiropractor): The claim is that a positive vascular sufficiency exam should have warned the chiropractor of potential stroke if cervical adjustments are done. The doctor proceeds with cervical adjustments and the plaintiff later suffers two debilitating strokes.

Malpractice (Attorney): A lawsuit by plaintiff alleges that the defendant was diverting funds to avoid payment for goods. Additionally, the plaintiff alleges that defendant filed an improper artisan’s lien resulting in a slander of title. The defendant joins his legal counsel in the case regarding the filing of the lien.

Malpractice (Architect): An insurance company brings a subrogation action against an architect who advised the owner of a vacant building. At issue is the architect’s advise regarding the effective winterization of the building. The insurance company had paid a casualty loss of $216,000 as a result of burst water pipes and resultant damages. The architects deny liability due to a lack of sufficient professional relationship with the landowner to give rise to a duty.

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.

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 which endorsed the checks and deposited them in Bank “B”. When presented with affidavits of forgery, Bank “A” returned the check to Bank “B”. Bank “A” brought an action against Bank “B” to recover its seven figure amounts of the checks returned, alleging that Bank “A” missed the “midnight deadline” and that the checks were in fact endorsed properly under the UCC in that the endorser was an officer of the mortgage company and the payee and was a “person entitled to enforce”. The law firm was joined for negligently forwarding the funds to the mortgage broker instead of disbursing the funds pursuant to the closing statements.

Construction (Architect), Malpractice: Claims related to $200 million residential/commercial development project at Notre Dame University.

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

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.

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

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.

Nursing Home Negligence: Allegations of poor care and understaffing at nursing home resulting in death of resident.

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.

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

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

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

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

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

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

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

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

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

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

Personal Injury: Mediation involving electric shock injury during construction of race course.

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

Personal Injury: Resolved personal injury claims related to school bus crash

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.

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

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

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

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

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.

Personal Injury (Vehicles): Injuries include cervical radiculopathy, herniated disc, bilateral hand pain, and a fractured elbow. The case involves some chiropractic care. The defendant retains an IME and the plaintiff retains a vocational rehabilitation expert.

Personal Injury (Vehicles): A UIM claim over $25,000 limits previously tendered. The issues and injuries discussed were: significant worker’s compensation lien, myofacial pain syndrome, trigger point cortisone injections, joint dysfunction, emotional overlay-adjustment disorder, anxiety and depression.

Personal Injury (Trucking): Semi rearends second semi on interstate in Tennessee. Indiana and Arkansas drivers involved. Defendant trucking company in bankruptcy. Issues included compromise of a workers comp lien and the future loss of wages of a partial permanently impaired owner/operator. Structured settlement used to replace future income.

Personal Injury (Tort Claim Against Government Entity): A private agency recommends reconciliation of molester with his family. Multiple molestations occur thereafter. The State claims immunity. and does not participate, case proceeds against placement subcontractor and other individuals in this multiple party case.

Personal Injury (Tort Claim Against Government Entity): Negligent road design is a factor in a multiple fatality case. Rural road has a sharp, hidden turn and signage was hidden by vegetation. Landowner present to confirm multiple accidents at this location and his complaints to highway officials because he had to fix his fence so often.

Personal Injury (Tainted Food): The plaintiff encounters degreaser in dinner roll and claims respiratory problems. The claimant has a preexisting condition of asthma. The defendant denies any permanent injuries.

Personal Injury (Sexual Abuse): A family friend has sex with his friend’s wife. The issue is whether or not consent was given. This case involved a Chinese couple that spoke limited English and the cultural stigma of the occurrence was a difficult factor in the settlement efforts.

Personal Injury (Premises): A child is hurt by construction material outside a hospital, negligent supervision alleged, tort claims case involving contributory negligence defense. Medicaid paid over $18,000 in medical expenses.

Personal Injury (Premises): An automatic door was malfunctioning for 2 weeks prior to this injury. There was no evidence of an attempt to repair in the interim. The plaintiff has a 10%PPI of the upper extremity. Her rotator cuff is torn resulting in over $12,000 in medicals. The manufactured was joined in this action on a products liability theory.

Personal Injury (Pedestrian): Trainee driver runs over pedestrian, balatable leg tumor, scarring from surgery, residual pain, and $19,000 in medical liens, fractured ankle and femur, pre-suit mediation.

Personal Injury (Negligent Supervision): An experienced 7-year-old rider thrown by ill-tempered horse. His mom said no to this horse, but owners let her ride anyway. The child has $16,000 in medical expenses for a severely broken leg. The insurance company is denying coverage because stirrup covers, tapaderos and breast collar were not used as required by the policy.

Personal Injury (Negligent Hiring): An employee with known seizure disorder has wreck during seizure. The plaintiff has a head injury, chronic pain, amnesia, scars, and $52,000 in medicals.

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 (Falls): The plaintiff suffers a fractured patella and an arthroscopic surgery was required. She has a subsequent fall, but claims no aggravation of the prior injuries in the later fall. There is $12,000 in medicals.

Personal Injury (Falls): A renter falls on basement stairs. He fractured his ankle. At issue is: $13,000 medicals, $3,000 in wage loss, water on stairs, absence of handrail, open and obvious condition and comparative fault defenses.

Personal Injury (Falls): Woman has a brain injury, nasal reconstruction and broken sternum resulting from a misleveling elevator. At issue is the elevator company’s liability pursuant to a preventative maintenance agreement and the permanent nature of the traumatic brain injury.

Personal Injury (Dog Bites): A 4-year-old bit by unleashed dog taken to work site by employee. Versed trances used to erase the memory of the child of this traumatic event. The employer denies there was any authority for the worker to have his dog on the work site.

Personal Injury (Construction Zones): An on duty motorcycle officer in pursuit falls on uneven pavement left by road construction company. She fractured her thumb, shoulder and ankle. The dip was greater than 1″, violating an accepted industry standard.

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.

Pharmaceutical — Consumer Protection: Resolved nin-figure claim brought by Commonwealth of Kentucky against prominent pharmaceutical company related to pain reliever.

PREMISES LIABILITY

Resolved dispute between estate of decedent against property investment company arising from decedent being electrocuted when he came into contact with an electrified sump pump that had failed while working inside the home to perform renovations on the home that he was allegedly purchasing or leasing.

Resolved personal injury claim by customer who allegedly slipped and fell in a grocery store after stepping on a grape in an aisle.

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

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

PROBATE

Mediated disputes involving administration of estate of deceased son and claim brought by his elderly father who performed certain farming operations with him for certain assets of the estate.

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 the estate and filed an election to take against the will.

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 also brought action for breach of fiduciary duty and to rescind certain corporate stock transfers. The matter was resolved with the decedent’s daughter purchasing the shares of the other children.

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 gift was not completed. The case was settled with a division of income rights and fee simple ownership.

PRODUCT LIABILITY

Resolved property damages dispute arising from vehicle fire causing injury to single-family residence and garage against automobile manufacturer and automobile dealer.

Resolved property damages dispute between farm operator, an agricultural equipment manufacturer, and its authorized dealer arising from a grain bin fire allegedly due to a defective dryer system, installation of a catwalk, and modifications to the dryer system.

Resolved property damages dispute arising from apartment fire allegedly caused by air fryer operating on stove top.

Mediated dispute arising from homeowners sustaining real and personal property damages resulting from an allegedly defective refrigerator water valve which failed causing a water leak throughout the home.

Resolved dispute between homeowner and electrical contractor who allegedly installed an electrical panel in a defective manner resulting in an electrical fire causing personal and real property damage.

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

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

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

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

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

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: 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.

Product Liability (Drugs): Claims related to drug-induced hepatitis as a side effect to a prescription drug.

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

PROFESSIONAL LIABILITY

Resolved disputes between property management client and accountant alleging failure to design, implement, and/or oversee conversion of data to new real estate and property management software and unpaid fees.

Resolved dispute between insurer of apartment complex against HVAC contractor alleging property damages resulting from small explosion during defective service of gas furnace.

Personal Injury: Mediation involving electric shock injury during construction of race course.

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

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

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

Racing: Resolved dispute involving new auto racing complex in Kentucky.

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 individuals in Europe and the U. S.

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

REAL ESTATE

Resolved dispute between property owner and sign company alleging trespass.

Resolved dispute between property owner and tenant relating to lease of lakeside residence, payment and return of earnest money, and restrictions on use of property.

Resolved dispute between property owner, adjacent property owner, and dock company involving claims of negligence and nuisance due to erosion of beach area and construction of seawall.

Resolved disputes between adjacent commercial property owners relating to demolition of commercial structure and construction of new structure having a different roofline which allegedly caused flooding of the neighbor’s property during heavy rain events and interference with air space from a billboard sign on the property; claims included trespass, common law damages, and quiet title.

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

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

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

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

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.

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

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

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

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.

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

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

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

Real Estate — Fraud: Suit involving loss of funds to build luxury home paid to builder who subsequently went out of business before building home

Real Estate: Resolved dispute involving competing liens on large housing development project.

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

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.

Real Estate (Foreclosure): In a wrongful foreclosure case the plaintiff alleges an increase in interest charges from a refinancing that would not have been required but for the foreclosure action being filed. The plaintiff also alleges damages to her reputation and lost profit damages. The property is bundled with several others in a refinancing package and the entire package had to be refinanced. Multiple parties were represented in the mediation sessions.

Real Estate (Flood Plain): The plaintiff’s home is built in a subdivision located in a marginal flood area. The home floods twice in a six-month period. Insurance has fully covered the two losses prior to the mediation. The surveyor is sued for negligence. The developer is sued for fraud in the inducement concerning the lot sale. The broker is sued for non-disclosure. The original developer offered to purchase the house from plaintiff and perform the rather minimal site work they alleged would make the property flood resistant. The other parties make financial contributions to the developer to defray the redevelopment costs.

Real Estate (Eviction): A benevolent foundation is evicted from the parish church in which it was founded. This is an emotional disagreement over fundamental views of the foundation and how they are in conflict with the views of a rather fundamentalist church. The eviction is resisted with a counterclaim for RICO.

Real Estate (Condemnation): A business owner claims that the public taking of parking and an access to an extremely busy intersection resulted in the necessity for the business to move location. The business had thrived in the old location for over 42 years. Moving expenses and loss of goodwill are requested in addition to the customary real estate value for the condemned parcel. The case involves a substantial seven-figure demand.

Real Estate (Condemnation): Partial condemnation of a commercial building is the subject of a multiple day session. The city is condemning a part of the land that has an abandoned underground storage tank that needs to be remediated. The parties agree to submit the issue to a neutral third party appraiser since their experts are so diametrically opposed.

Real Estate (Broker Fee): Broker sues his landowner for development or construction management fees and for broker fees for lease on the same property pursuant to oral agreement or industry standards.

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.)

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

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 growing marijuana-based product business. Multiple derivative suits were also filed and mediated jointly with the securities class actions.

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 duties. The suit settled in part based upon an assignment of the note to the broker.

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

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).

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

Telecommunications: Resolved matter involving installation of network systems for wireless carriers.

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.

Telecommunications: An operator services provider’s charges to a long distance reseller are disputed. The relationship of the parties is pursuant to a special operator services agreement. At issue were LIBD dips. The parties renewed their relationship and continue to do business together.

Telecommunications: An interchange telephone carrier enforces a broker agreement. The case concerned long distance telephone service at truck stops. The parties renegotiated the entire agreement during the mediation sessions reflecting the volatility in this business sector.

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

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

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

Transportation — Boat: Mediated numerous claims related to completion and seaworthiness of luxury houseboat

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.

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.

Transportation: Resolved claims related to defective tanker truck.

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

Transporation (Rail): Resolved dispute between major interstate rail carrier and industrial customer over demurrage charges.

Uncle Billy…Sturgeon Bay 2024

Uncle Billy…Sturgeon Bay 2024

…and still mediating via Zoom from St. George Is. March 2023

…and still mediating via Zoom from St. George Is. March 2023

Putting in the dock…Granddaughter Finley, Douglas Lake, May 2022

Putting in the dock…Granddaughter Finley, Douglas Lake, May 2022

(Still) Mediating via Zoom. St George Island. March 2022

(Still) Mediating via Zoom. St George Island. March 2022

Margaret. Yoga at Casa Isabel. 2022

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

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

Environmental: Resolved claim for indemnification of fees and expenses incurred after mega-sanctions order against client for not disclosing evidence of certain environmental contamination

Trust & Estates: Resolved claim by Trust against former trustee alleging misappropriation of significant trust assets

Commercial Disputes (Health Care): Resolved break up of large joint venture between two hospitals.

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.

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.

Professional Negligence (Architect): Resolution of claim for millions of dollars stemming from alleged architectural error in construction of a major college facility.

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.

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

Civil Rights — Correctional Facility: Inmate at prison died from alleged neglect by prison guards after he collapsed from asthmatic attack in prison recreational area.

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

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

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

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.

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.

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 alcohol level was in excess of the legal limit. The case was resolved in part by the use of a structured settlement to provide monthly payments for life to the widow.

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 the plaintiff, an experienced farmer, should have been aware of the aging hose.

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 man went to the motel after having been told by a relative that the men had engaged earlier in multiple rapes.

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 its various insurers and reinsurers.

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.