Brian has practiced business litigation, economic development, contract and employment litigation, real estate, estate planning and trust litigation for over 30 years. He brings a keen understanding of people and organizations to his legal practice. Brian is an effective advocate for his clients in the court room or at the mediation table, as well as an effective advocate for a new business seeking to locate in this community. Having honed his skills in the court room and as a civic leader, Brian’s advocacy skills empower clients to achieve their goals in an effective manner.
Indiana University Maurer School of Law, Bloomington, Ind., J.D.
State of Indiana
U.S. District Court, Southern District of Indiana
U.S. District Court, Western District of Kentucky
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Supreme Court
Economic Development: Lead attorney for major regional economic projects including optioning real estate for two 1,000 plus acre sites leading to the successful citing of major Southwestern Indiana manufacturers. Serves as legal counsel for the Evansville Industrial Foundation, a fifty year old not for profit business development organization, which developed and continues to promote the Vanderburgh Industrial Park (VIP).
Commercial Real Estate Transaction Litigation: Represented owners of a historic hotel property with a renewable ninety-nine year lease on the building which was severed for ownership from the lot. Successfully extinguished the ninety-nine year lease merging the building and lot for sale of the entire parcel.
Trust and Estate Disputes: Successfully represented family members in will contest disputes. Represented clients in litigation of trust and estate matters.
Not-for-Profit Litigation: Represented not-for-profit organization with trust litigation against National Foundation. Represented local church congregation in real estate and trust litigation against National Church Organization.
Discrimination Litigation: Successfully defended insurance company in jury trial for racial discrimination by one of its former employees which was successfully upheld by both the Seventh Circuit Court of Appeals and the U.S. Supreme Court.
Former United States Magistrate for the United States District Court for the Southern District of Indiana (part-time)
Former Law Clerk to the U.S. District Court for the Southern District of Indiana, Evansville Division
Church of the Brethren v. Roann Church of the Brethren, Inc., 20 N.E.3d 906 (Ind. Ct. App. 2014). Whether a denomination was entitled to property of a congregation that broke away.
Presbytery of Ohio Valley, Inc. d/b/a Presbytery of Ohio Valley, d/b/a Ohio Valley Presbytery and Synod of Lincoln Trails of the Presbyterian Church (U.S.A.), Inc., d/b/a Synod of Lincoln Trails, Inc. v. OPC, Inc. f/k/a Olivet Presbyterian Church, Inc., d/b/a Olivet Presbyterian Church, d/b/a Olivet Evangelical Presbyterian Church, and d/b/a Olivet Presbyterian Church of Evansville; Olivet Evangelical Presbyterian Church of Evansville, Inc., d/b/a Olivet Evangelical Presbyterian Church; Evangelical Presbyterian Church, d/b/a Evangelical Presbyterian Church of America, 940 N.E.2d 1188 (Ind. Ct. App. 2010) (Vacated); reversed and remanded by the Indiana Supreme Court, 973 N.E.2d 1099, 2012 Ind. LEXIS 638 (Ind. 2012); denied, 133 S. Ct. 2022 (U.S. 2013).
Marshall & Ilsley Trust Company, N.A. v. Woodward, 848 N.E.2d 1175 (Ind.App. Jun 16,2006) – As a matter of first impression, a remote contingent beneficiary who would receive trust principal only if settler’s children died childless was entitled to trust accounting.
Schmitt v. U.S., 2003 WL 21057368, (S.D.Ind. Mar 05, 2003) – Judgment granted for class of owners against government entitling landowners to just compensation under the Fifth Amendment to the United States Constitution.
Tinner v. United Insurance Co. of America, 123 S.Ct. 1623 (2003) – Petition for writ of certiori to the United States Supreme Court from a decision of the United States Court of Appeals for the Seventh Circuit denied.
Tinner v. United Insurance Co. of America, 308 F.3d 697, (7th Cir.(Ind.) Oct 10, 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 proffered reasons for use of a preemptory challenge to eliminate member of jury panel were race neutral and not pretextual.
Schmitt v. U.S., 203 F.R.D. 387, (S.D.Ind. Mar 22, 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.
Cleveland v. Porca Co., 38 F.3d 289, (7th Cir.(Ind.) Sep 29, 1994) – Former employees of Emge Packing Company failed in their attempt to enforce an arbitration order which held that the company had breached its collective bargaining agreement and breached the pension plan for hourly employees.
Pedro Enterprises, Inc. v. Perdue, 998 F.2d 491, (7th Cir.(Ind.) Jul 07, 1993) – Under ERISA’s regulation of qualified profit-sharing plans, anti-nuptial agreements do not waive spouse’s right to survivor benefits.
Union Federal Sav. Bank v. Chantilly Farms, Inc., 556 N.E.2d 9, (Ind.App. 1 Dist. Jun 26, 1990) – Banks seek declaratory judgment of their “liability, if any” under applicable statutes for conversion of checks payable to corporation on endorsement of corporate general manager.
Schlumberger Tech v. Blaker, 859 F.2d 512, (7th Cir.(Ind.) 1988) – Former employee was not entitled to benefits since they were contingent upon former employee following non-compete covenant.
Romain v. A. Howard Wholesale Co., 506 N.E.2d 1124 (Ind.Ct.App. 1987) – Contract interpretation for method of exercising option by mailing the option-exercise payment on the date of the option’s expiration.
City of Evansville v. International Association of Fire Fighters, Local 357, 516 N.E.2d 57 (Ind. 1987) – The Indiana Supreme Court held that the statute establishing a merit system for police and fire department was the exclusive statutory method by which a city could establish a merit system for its fire or police departments.
Schlumberger Well v. Blaker, 623 F.Supp. 1310 (S.D.Ind. 1985) – Payment of approximately $100,000 upon termination of manager was not substantial consideration for compliance with a covenant not to compete for geographical restraint encompassing the entire North American continent.
American Bar Association: Business Law Section, Litigation Section, Uniform Commercial Code Subcommittee, Subcommittee on Electronic Commercial Practices
American Judicature Society
Indiana State Bar Association: Federal Judiciary Committee
Evansville Bar Association: Former President and Board Member
Boy Scouts of America Central Region: President
Evansville Industrial Foundation, Inc.: Secretary and Legal Counsel
Indiana University Maurer School of Law Alumni Board: Former President and Board Member
Vanderburgh County Law Library Foundation: Former President and Board Member
Legal Aid Society: Former President and Board Member
Indiana University Alumni Association: Former National Secretary
Rotary Club of Evansville, Inc.: Former President
Boy Scouts of America Buffalo Trace Council: Former Counsel President, Area President and Regional Vice-President
United Methodist South Indiana Conference, Inc.: Former President
Deaconess Hospital Foundation: Former President and Board Member
Evansville Philharmonic Orchestra: Former Director
Historic New Harmony Foundation: Former Treasurer and Board Member