Court Cases of Note

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

• Pedro Enterprises, Inc. v. Perdue, 998 F.2d 491, (7th Cir. 1994)
  Under ERISA's regulation of qualified profit-sharing plans, anti-nuptial agreements do not waive spouse's right to survivor benefits.

• Cleveland v. Porca Co., 38 F.3d 289 (7th Cir. 1994)
  Breach of collective bargaining agreement and duty of fair representation.

• N.L.R.B. v. Champion Laboratories, Inc., 99 F.3d 223 (7th Cir. 1996)
  Employer free speech rights.

• Schlumberger Tech v. Blaker, 859 F.2d 512 (7th Cir. 1998)
  Former employee was not entitled to benefits since they were contingent upon former employee following non-compete covenant.

• Hitachi Constr. Machinery Co., Ltd. v. AMAX Coal Co., 737 N.E.2d 460
  (Ind. Ct. App. 2000)
  Tort action may not be brought against product manufacturer when product only damaged itself; any claim lies in warranty.

• Doerner v. Swisher Int'l, Inc., 272 F.3d 928 (7th Cir. 2001)
  Ex-wife plaintiff of ex-husband who died of cancer was not a user or consumer of cigars or a bystander under the Indiana Products Liability Act (IPLA); mental distress does not qualify as a physical harm under the IPLA; ex-wife could not maintain a loss of consortium claim after termination of the marriage by State law.

• Felsher v. Univ. of Evansville, 755 N.E.2d 589 (Ind. 2001)
  Invasion of privacy for using university officials' names for emails and websites.

• Finley v. Johnson Oil Co., 199 F.R.D. 301 (S.D. Ind. 2001)
  Non-party medical provider motion to quash subpoena in ADEA claim.

• Schmitt v. U.S., 203 F.R.D. 387, (S.D.Ind. 2001)
  Landowners held fee simple interest in railroad right-of-way for which class certification granted in suit against government for taking without just compensation.

• Lewis v. Holsum of Fort Wayne, Inc., 278 F.3d 706 (7th Cir. 2002)
  Whether the Family and Medical Leave Act applied to the facts. Also alleged retaliatory discharge.

• Ross Bros. Constr. Co., Inc. v. Int'l Steel Services, Inc., 283 F.3d 867 (7th Cir. 2002)
  Arbitration clause contained in construction contract prevents trial court from ordering release of mechanic's lien.

• Tinner v. United Ins. Co. of America, 308 F.3d 697 (7th Cir. 2002)
  African-American employee could not "piggyback" Title VII claims relating to a series of alleged discrete discriminatory acts to a timely filed wrongful termination claim to form a continuing violation claim and employer's proferred reasons for use of a preemptory challenge to eliminate member of jury panel were race neutral and not pretextual.

• Austin v. Vanderburgh County Sheriff Merit Com'n, 761 N.E.2d 875 (Ind. Ct. App. 2002)
  No right of due process in administration of promotional testing for sheriff's duty.

• Alexander v. PSB Lending Corp., 800 N.E.2d 984 (Ind. Ct. App. 2003)
  Debtors did not have standing to bring Indiana Uniform Consumer Credit Code claims against creditors.

• Black v. AC&S, 765 N.E.2d 1084 (Ind. Ct. App. 2003)
  Shareholder brought suit against AC&S, alleging various tort claims, and was forced to have them heard in arbitration.

• Kifer v. Ellsworth, 346 F.3d 1155 (7th Cir. 2003)
  Inmate unsuccessfully sought motion to intervene in class action lawsuit.

• Alexander v. PSB Lending Corp., 800 N.E.2d 984 (Ind. Ct. App. 2003)
  Consumer/banking law. This case was a consolidation of nine putative class actions. It involved alleged excessive mortgage loan origination fees. The issues presented were whether the borrowers had standing to sue purchasers of the loans and whether the Indiana Uniform Consumer Credit Code allowed origination fees in excess of 2% of the principal as long as the total of all finance charges did not exceed 21% of the principle.

• MPACT Construction Group, LLC v. Superior Concrete Constructors, Inc., 802 N.E.2d 901 (Ind. 2004)
  Construction/contract law. Issues presented were whether subcontractors were required to submit their mechanics lien and breach of contract claims to arbitration because the subcontractors' contract with the general contractor incorporated the arbitration provision in the contract between the general contractor and the owner. These cases also addressed the applicability of the Federal Arbitration Act in determining that issue.

• Airgas Mid-America, Inc. v. Long, 812 N.E.2d 842 (Ind. Ct. App. 2004)
  Interpretation of the Indiana accountant-client privilege.

• Knoy v. Cary, 813 N.E.2d 1170 (Ind. 2004)
  Indiana Product Liability Act statute of repose bars claims against manufacturers of asbestos-containing products if narrow exception is not met.

• Jurich v. John Crane, Inc., 824 N.E.2d 777 (Ind. Ct. App. 2005)
  Employer granted summary judgment on employees' products liability claims for mesothelioma.

• Univ. of So. Indiana Foundation v. Baker, 843 N.E.2d 528 (2006)
  Construction of a will and the meaning of "personal property" in the context of the bequest.

• Vaughn v. Daniels, 841 N.E.2d 1133 (Ind. 2006)
  Whether a subcontractor's employee injured during the construction of a coal preparation plant has a claim against the designer of the plant under the Indiana Product Liability Act.

• Marshall & Ilsley Trust Company, N.A. v. Woodward, 848 N.E.2d 1175
  (Ind. App. 2006)
  As a matter of first impression, a remote contingent beneficiary who would receive trust principal only if settlor's children died childless was entitled to trust accounting.