Cases
Experience: Representative Cases: The Indiana Court of Appeals affirmed the judgment issued by the Marion Superior Court that the claims asserted by Plaintiffs Crystal
William West are not claims for medical malpractice
49A02-1403-CT-163
The Indiana Court of Appeals affirmed the judgment issued by the Putnam Circuit Court that Jo Ann Hacker is liable for the debt secured by a mortgage on real estate
67A01-1405-MF-196
The Indiana Court of Appeals affirmed the judgment issued by the Marion Superior Court that the claims asserted by Plaintiffs Crystal
William West are not claims for medical malpractice
49A02-1403-CT-163
The Indiana Court of Appeals affirmed the judgment issued by the Marion Superior Court that the claims asserted by Plaintiffs Crystal
William West are not claims for medical malpractice
, as such, are outside the purview of the Indiana Medical Malpractice Act.
The Indiana Court of Appeals affirmed the judgment issued by the Putnam Circuit Court that Jo Ann Hacker is liable for the debt secured by a mortgage on real estate
67A01-1405-MF-196
The Indiana Court of Appeals affirmed the judgment issued by the Putnam Circuit Court that Jo Ann Hacker is liable for the debt secured by a mortgage on real estate she owned as a joint tenant on the date she
her son refinanced the existing loan on the property.
Representative Cases: Bank of America, N.A. v. Hacker et al., Cause No. 67C01-1208-MF-1402014 (Obtained summary judgment for client Bank of America, N.A. against a co-borrower who asserted lack of ownership, failure of consideration,
guarantor status in an effort to avoid liability in a mortgage foreclosure lawsuit. The trial court held the co-borrower breached the promissory note, at a minimum, as an accommodation party. The Court of Appeals affirmed on the further basis that the co-borrower was directly liable as a maker
a borrower in Hacker v. Bank of America, N.A., 21 N.E.3d 897 (Ind. Ct. App., 2014), reh'g denied.
Preferred Professional Insurance Co. v. West, et at., Cause No. 49D12-1209-CT-037783 (Obtained summary judgment for client Indiana Patient's Compensation Fund in case involving question of first impression regarding whether a claimant having no prior or existing physician/patient relationship can pursue claims (
recover damages) against physician for medical malpractice under Indiana Medical Malpractice Act. The Court of Appeals affirmed in Preferred Prof'l Ins. Co. v. West, 23 N.E.2d 716 (Ind. Ct. App. 2014). The Indiana Supreme Court unanimously denied transfer in Preferred Prof'l Ins. Co. v. West, 2015 Ind. LEXIS 377 (Ind., May 7, 2015).
U.S. Bank, as Trustee v. Mainscape Leasing, LLC, et al., Cause No. 49D13-1701-MF-2030 (Litigated
resolved complex commercial mortgage foreclosure lawsuit involving multi-million dollar securitized senior mortgage
multi-million dollar leasehold mortgage).
Marsh Supermarkets, LLC v. Roche Diagnostic Operations, Inc., Cause No. 29D03-0812-PL-1481 (Member of litigation team that obtained $19,563,933 judgment on behalf of client Marsh Supermarkets, LLC following a 7-day trial on Marsh's claim for breach of an 18-year lease. The Court of Appeals affirmed at Roche Diagnostic Operations, Inc. v. Marsh Supermarkets, LLC, 987 N.E.2d 72 (Ind. Ct. App. 2013), trans. denied.
SSI Properties, LLC v. Richhart, Cause No. 73D01-1209-PL-43 (Obtained summary judgment against Johnson County Auditor for Auditor's failure to comply with tax sale notice statute).
Franciscan Alliance, Inc. v. South Emerson Surgery Center, et al., Cause No. 41D01-1308-PL-00107 (Successfully defended a petition to vacate an arbitration award for client South Emerson Surgery Center in a medical billing case).
Medical Assurance Co., Inc. v. Weinberger, et al., Cause No. 4:06-CV-00117-JD-APR (Member of a litigation team representing client Indiana Patient's Compensation Fund in a complex insurance coverage dispute in federal court which involved more than 350 individual claimants).
