Reported Cases

The following judicial opinions are provided only as exemplars of the legal experiences of Hoover Hull LLP and its attorneys, and do not represent the full range of experience of the firm. They should not be viewed or used as a substitute for specific legal advice. Each of these legal matters presented a unique set of facts, and none should be viewed as suggesting or predicting any outcome in any other legal matter, regardless of similarity.

John David Hoover

  • Medical Assurance Co., Inc. v. Miller, 779 F. Supp. 2d 902 (S.D. Ind. 2011) (insurance coverage litigation; granting summary judgment to medical malpractice insurer and finding that insured’s breach of cooperation clause relieved insurer of duty to defend or indemnify in underlying suit).
  • Flatow v. Ingalls, 932 N.E.2d 726 (Ind. Ct. App. 2010), trans. denied (legal malpractice; reversing and remanding trial court’s denial of summary judgment; holding that attorneys had no duty to plaintiff due to the limited nature of their representation and that plaintiff failed to create an issue of fact as to proximate cause).
  • Hubbard v. Columbia Women's Hospital of Indianapolis, 807 N.E.2d 45 (Ind. App. Ct. 2004) (medical malpractice; holding that plaintiff failed to comply with Medical Malpractice Act and that trial court thus lacked subject matter jurisdiction).
  • Marion County Democratic Party v. Marion County Election Board, Case No. IP 01-1963, 2002 WL 1354717 (S.D. Ind. May 9, 2002) (election law; granting defendant’s motions to dismiss for failure to state claims for violations of the 1st Amendment's right of association or the 14th Amendment's right of equal protection under the laws).
  • Cram v. Howell, 680 N.E.2d 1096 (Ind. 1997) (medical malpractice; in matter of first impression, holding that physician owed a duty of care to take reasonable precautions in monitoring, releasing, and warning patient for the protection of unknown third persons).
  • Hutchinson v. Spanierman, 190 F.3d 815 (7th Cir. 1999) (art law; affirming summary judgment for defendant gallery on conspiracy claims relating to purchase and provenance of paintings by nineteenth-century American Impressionist painter Theodore Robinson).
  • Goldberg & Feldman Fine Arts, Inc. v. Autocephalous Greek-Orthodox Church of Cyprus, 917 F.2d 278 (7th Cir. 1990) (art law; affirming district court’s holding that church was entitled to the return of ancient Byzantine mosaics).

Andrew W. Hull

  • Bandak v. Eli Lilly & Co. Retirement Plan, 587 F.3d 798 (7th Cir. 2009) (ERISA and employment law; affirming judgment for plaintiff on ERISA claim for damages, affirming award of attorneys fees and costs on grounds that Lilly’s position in the litigation had not been substantially justified, awarding plaintiff appellate attorney fees).
  • JPMorgan Chase Bank, N.A. v. Desert Palace, Inc., 882 N.E.2d 743, (Ind. Ct. App. 2008) (commercial litigation; on issue of first impression, holding that trial court's exercise of personal jurisdiction over non-resident defendant casinos would not violate their constitutional due process rights).
  • Ind. Lumbermens Mut. Ins. Co. v. Reinsurance Results, Inc., 513 F.3d 652 (7th Cir. 2008) (commercial litigation; affirming summary judgment in favor of insurer; rejecting service provider’s claim for compensation for work performed outside the scope of a service contract).
  • Werdehausen v. Benicorp Ins. Co., 487 F.3d 660 (8th Cir. 2007)(ERISA; determining genuine issue of material fact existed and remanding to trial court for interpretation of ERISA plan concerning whether premium adjustment was available); see also Rowe v. Benicorp Ins. Co., No. 2:04-cv-00022 SNL, 2006 WL 1341421 (E.D. Mo. Feb. 1, 2006) (ERISA; denying summary judgment for defendant, finding that insurer had not shown that decision could withstand arbitrary and capricious review).
  • Ind. Ins. Guar. Ass’n v. Bedford Regional Med. Ctr., 863 N.E.2d 308 (Ind. 2007) (insurance law; on an issue of first impression holding that policyholder of insolvent insurer could recover from insurance guaranty association claim for lost wages of deceased claimants); see also Ind. Ins. Guar. Ass’n v. Bedford Regional  Med. Ctr., 841 N.E.2d 577 (Ind. Ct. App. 2006).
  • Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005) (real property; affirming in part and reversing part trial court order to partition and sell commercial real estate).
  • Baker O’Neal Holdings, Inc. v. Massey, 403 F.3d 485 (7th Cir. 2005) (commercial litigation; affirming judgment of trial court that $2.5 million deposit payment to Massey was recoverable to avoid unjust enrichment because parties never concluded a contract); see also Massey v. Baker O’Neal Holdings, Inc., No. 1:05-CV-1304-DFH-TAB, 2006 WL 897880 (S.D. Ind., March 31, 2006) (commercial litigation; affirming  bankruptcy court’s denial of Massey’s claim for $1 million setoff and ordering Massey to show cause why he should not sanctioned for filing frivolous litigation).
  • Arkanoff v. John Alden Life Ins., No. IP00-1119-C-B/S, 2003 WL 22479912 (S.D. Ind. Oct. 24, 2003) (ERISA interpreting plan provision requirements for appeal, denying motion for summary judgment and granting motion to strike).
  • Ernst & Young LLP v. Baker O’Neal Holdings, Inc., 304 F.3d 753 (7th Cir. 2002) (commercial litigation; affirming denial of accounting firm’s motion to compel arbitration); see also Ernst & Young LLP v. Baker O’Neal Holdings, Inc., No. 1:03-CV-0132-DFH, 2004 WL 771230 (S.D. Ind. March 24, 2004) (commercial litigation; allowing debtor to file amended complaint, granting in part and denying in part defendants’ motion to dismiss claims for accounting malpractice, breach of fiduciary duty, and fraudulent inducement  against accounting firm and individual accountant).
  • Ind. Ins. Guar. Ass’n v. Davis, 768 N.E.2d 902 (Ind. Ct. App. 2002) (insurance law; on issue of first impression in Indiana, holding that claim against health insurance policy was not a covered claim under Guaranty Association Act and therefore could not be used to reduce amount payable by Guaranty Association).
  • Fairfield Dev., Inc. v. Georgetown Woods Sr. Apartments Ltd. P’ship, 768 N.E.2d 463 (Ind. Ct. App. 2002) (commercial litigation; affirming trial court judgment piercing corporate veil and finding breach of contract).
  • Williams v. Benicorp Ins. Co., 190 F. Supp. 2d 1379 (M.D. Ga. 2002) (ERISA; denying beneficiary’s motion to remand case to state court).
  • Star Sci., Inc. v. Carter, 204 F.R.D. 410 (S.D. Ind. 2001) (constitutional law; related to tobacco master settlement litigation, denying tobacco company’s motion for protective order over confidential documents and trade secrets, and entering court-ordered protective order).
  • Trimble v. Ameritech Pub., Inc., 700 N.E.2d 1128 (Ind. 1998) (contract law; holding exculpatory clause limiting publisher’s liability was enforceable and not void as against public policy).
  • Rush v. McDonald’s Corp., 966 F.2d 1104 (7th Cir. 1992) (employment discrimination; affirming dismissal and summary judgment for employer, also affirming Rule 11 sanctions against former employee’s attorney).

Alice McKenzie Morical

  • Gibson v. M & M Service Station Equip. Specialist, Inc., No. 1:06-cv-00861, 2009 WL 899660 (S.D. Ind. Mar. 30, 2009) (ERISA and employment law; granting defendant’s motion for summary judgment on plaintiff’s ERISA claim and finding question of facts on plaintiff’s ADA claim).
  • Overton v. Foutty & Foutty, LLP, No. 1:07-CV-0274, 2007 WL 2413026 (S.D. Ind. Aug. 21, 2007) (professional liability; granting defendant law firm’s motion to dismiss plaintiffs’ claim for compensation for emotional distress resulting from alleged negligence and FDCPA violations).
  • Steury v. Unum Life Ins., Co. of America, No. 1:04-CV-125-TS, 2006 WL 542907 (N.D. Ind. Mar. 02, 2006) (breach of fiduciary duty/ERISA; granting defendants’ motion to dismiss plaintiff’s complaint for lack of subject matter jurisdiction and directing entry of judgment in favor of defendants). 
  • Fairfield Dev., Inc., v. Georgetown Woods Sr. Apartment Ltd. P’ship, 768 N.E.2d 463 (Ind. Ct. App. 2002) (breach of contract and piercing the corporate veil; affirming the trial court’s finding that contractor was alter ego of family and that res judicata precluded offset to damages). 
  • Trimble v. Ameritech Pub., Inc., 700 N.E.2d 1128 (Ind. 1998) (breach of contract; affirming trial court and holding that exculpatory clauses that limit liability to the lesser of contract price or actual out of pocket expense are enforceable).

Sean T. White

  • Rudolph v. Ross, 946 N.E.2d 89, 2011 WL 1362616 (Ind. Ct. App. Apr. 11, 2011) (professional liability; affirming summary judgment for defendant attorneys where plaintiff disputed amount of compensation and distribution of settlement proceeds).
  • Thomas v. Drake, 925 N.E.2d 3 (Ind. Ct. App. 2010) (professional liability; affirming summary judgment for defendant lawyer and law firm in legal malpractice action, finding that plaintiff had not established injury from allegedly negligent advice).
  • Ross v. Rudolph, 913 N.E.2d 218 (Ind. Ct. App. 2009) (professional liability; affirming court’s order setting aside summary judgment for defendant law firm, even though order was entered same day that trial judge recused himself).
  • Tennis v. AAA Bail Bonds, Inc., No. 49A04-0710-CV-577, 2008 WL 2313151 (Ind. Ct. App. 2008) (business & commercial litigation; affirming judgment for defendant following bench trial on claims for breach of contract, conversion, and breach of fiduciary duty).
  • Campbell v. A.A.A. Bail Bonds, Inc., 879 N.E.2d 1229, 2008 WL 187968 (Ind. Ct. App. 2008) (business & commercial litigation; affirming grant of summary judgment for plaintiff on indemnity contract).
  • Indiana Ins. Guar. Ass'n v. Bedford Regional Medical Center, 863 N.E.2d 308 (Ind. 2007) (insurance law; holding, in an issue of first impression, that insurance guaranty association was liable for lost wages incurred by deceased claimant up to the date of payment).

Michael A. Dorelli

  • Niswander v. Price, Waicukauski & Riley LLC, No. 1:08-cv-1325-WTL-DML, 2011 WL 2604842 (S.D. Ind. June 30, 2011) (professional liability; granting summary judgment in favor of defendants following a ruling barring plaintiffs’ from presenting expert testimony as to applicable standard of care, as plaintiffs would be unable to establish claim without such testimony).
  • Medical Assurance Co., Inc. v. Miller, 779 F. Supp. 2d 902 (S.D. Ind. 2011) (insurance coverage litigation; granting summary judgment to medical malpractice insurer and finding that insured’s breach of cooperation clause relieved insurer of duty to defend or indemnify in underlying suit).

Daniel K. Burke

  • Blinn v. Kammen, 950 N.E.2d 375, 2011 WL 2586334 (Ind. Ct. App. June 30, 2011) (professional liability; affirming summary judgment for defendant lawyer where plaintiff failed to provide evidence that defendant’s alleged acts were proximate cause of asserted injury).
  • Landeen v. PhoneBILLit, Inc., 519 F. Supp. 2d 844 (S.D. Ind. 2007) (professional liability and directors, officers, and shareholders litigation; granting defendant lawyer’s motion to exclude plaintiff’s expert testimony and reports; granting summary judgment for defendant lawyer on plaintiff’s counts for breach of contract, breach of fiduciary duty, fraud, unjust enrichment, violation of Indiana’s Trade Secrets Act, criminal mischief, unfair competition, and tortious interference, leaving only single count for legal malpractice).
  • Rael v. Davis, No. 1:06CV81, 2006 WL 2346396 (S.D. Ind. Aug. 11, 2006) (professional liability; granting defendant law firm’s motion to dismiss for failure to state a claim, finding that law firm's filing complaint for injunctive relief, attorney’s fees, and damages in earlier action did not involve a “debt” under the FDCPA).
  • Traicoff v. Digital Media, Inc., 439 F. Supp. 2d 872 (S.D. Ind. 2006) (breach of contract; granting summary judgment for defendants, on issues of first impression in Seventh Circuit, finding that exclusive licensee of copyrighted works could transfer rights to sublicensee without violating Copyright Act or terms of exclusive license).
  • City of Austin Police Retirement System v. ITT Educational Services, Inc., 388 F. Supp. 2d 932 (S.D. Ind. 2005) (tort litigation; granting defendants’ motion to dismiss class-action federal securities fraud complaint).
  • Door Control Services, Inc. v. Besam Automated Entrance Sys., Inc., No. 01-41269, 2003 WL 342351 (5th Cir. Feb. 5, 2003) (commercial litigation; reversing denial of judgment as a matter of law on fraud claim, thereby setting aside $6,000,000 jury verdict; affirming in part and reversing in part grant of judgment as a matter of law on claims for breach of contract, breach of covenant of good faith and fair dealing, and tortious interference with employment contracts).

Jason L. Fulk

  • JPMorgan Chase Bank, N.A. v. Desert Palace, Inc., 882 N.E.2d 743 (Ind. Ct. App. 2008) (commercial litigation; on issue of first impression, holding that trial court's exercise of personal jurisdiction over non-resident defendant casinos would not violate their constitutional due process rights).
  • Indiana Lumbermens Mut. Ins. Co. v. Reinsurance Results, Inc., 513 F.3d 652 (7th Cir. 2008) (commercial litigation; affirming summary judgment in favor of insurer; rejecting service provider's claim for compensation for work performed outside the scope of a service contract).
  • Overton v. Foutty & Foutty, LLP, No. 1:07CV0274, 2007 WL 2413026 (S.D. Ind. August 21, 2007) (professional liability; granting defendant law firm's motion to dismiss plaintiffs' claim for compensation for emotional distress resulting from alleged negligence and FDCPA violations).
  • Henderson v. Biel, No. 1:05-CV-1485, 2007 WL 2286129 (S.D. Ind. August 7, 2007) (professional liability; granting summary judgment in favor of a debt collector based on FDCPA's bona fide error defense).

Patrick J. Olmstead Jr.

  • Medical Assurance Co., Inc. v. Miller, 779 F. Supp. 2d 902 (S.D. Ind. 2011) (insurance coverage litigation; granting summary judgment to medical malpractice insurer and finding that insured’s breach of cooperation clause relieved insurer of duty to defend or indemnify in underlying suit).
  • Flatow v. Ingalls, 932 N.E.2d 726 (Ind. Ct. App. 2010), trans. denied (legal malpractice; reversing and remanding trial court’s denial of summary judgment; holding that attorneys had no duty to plaintiff due to the limited nature of their representation and that plaintiff failed to create an issue of fact as to proximate cause).
  • Medical Assurance v. Hellman, et al., 610 F.3d 371 (7th Cir. 2010) (insurance coverage litigation; vacating stay of declaratory judgment action concerning breach of cooperation clause).
  • Walton v. Hyatt & Rosenbaum, P.A., No. 1:08-cv-1275, 2009 WL 3004539 (S.D. Ind. Sept. 18, 2009) and 2010 WL 379417 (S.D. Ind. Jan. 25, 2010) (professional liability; dismissing FDCPA claim against attorney and awarding fees and costs).
  • Tri-Etch, Inc. v. Cincinnati Ins. Co., 909 N.E.2d 997 (Ind. 2009) (representing amicus curiae).
  • Nesbitt v. Jackel, 881 N.E.2d 100, 2008 WL 427655 (Ind. Ct. App. Feb. 19, 2008) (professional liability; successfully moved to exclude expert testimony, thus negating plaintiff’s ability to maintain a legal malpractice suit).

Laurie E. Martin

  • Bandak v. Eli Lilly & Co. Retirement Plan, 587 F.3d 798 (7th Cir. 2009) (ERISA; affirming summary judgment in favor of retiree; finding retirement plan's offset of retiree's pension benefits arbitrary and capricious and awarding benefits and attorneys' fees and costs).
  • Hughes v. Indianapolis Radio License Co., No. 1:07-cv-81, 2009 WL 226209 (S.D. Ind. Jan. 30, 2009) (employment litigation; granting in part and denying in part Defendant's motions in limine in employment discrimination case).