Justin is an experienced litigator who represents and advises business clients in many types of disputes in federal and state courts across Indiana. He regularly defends employers in lawsuits including wage and retaliation claims, trade secret and confidentiality claims, non-competition and non-solicitation covenants, and breach of contract claims. Additionally, Justin has experience in defending claims involving construction-related commercial property damage, products liability, insurance coverage, collections, and appeals, and he has served as local counsel in federal and state courts across Indiana. He defends employers before the Indiana Worker’s Compensation Board, and has experience in other business-related areas, including bank loan transactions, loan work-outs, and bankruptcy. He also has significant experience in discovery of electronically-stored information (“ESI”), and advises clients on how to maximize value and minimize expense.
He is a problem-solver, and seeks creative solutions to his clients’ issues while emphasizing the business impact of litigation choices to help guide his clients’ decision-making. When an amicable resolution is not possible, he aggressively and diligently pursues his clients’ interests.
Representative cases include successfully petitioning the Indiana Court of Appeals to reverse a punitive damages award against a business owner, and successful defense of a home repair contractor against a breach of contract lawsuit. He also has helped numerous clients amicably resolve contentious disputes, saving their businesses significant time and money.
After earning his law degree, Justin served as a judicial clerk for the Honorable L. Mark Bailey at the Court of Appeals of Indiana. Before beginning his legal career, Justin grew up in Vermont, and was a professional musician with experience performing around the globe, including for Princess Cruises, Disneyland, and Walt Disney World.
Home repair contractor: breach of contract lawsuit. The plaintiff alleged that our client failed to perform specific repairs in a workmanlike manner, thus breaching its contract. Our defense focused on the doctrine of accord and satisfaction, because the plaintiff had accepted a check along with a contractual reduction in price. The Court entered judgment for our client, with costs.
Veterinarian: lawsuit alleging professional negligence. The plaintiff alleged that the client negligently performed a procedure, causing a systemic infection which resulted in the death of the plaintiff’s animal. In defense of the veterinarian, expert testimony was presented showing that the plaintiff’s allegations of causation were merely speculative, and that the plaintiff had not established negligence by a preponderance of the evidence. The Court entered judgment for the client.
Court of Appeals: Miller v. Rosehill Hotels, LLC, 45 N.E.3d 15 (Ind. Ct. App. 2015).
Publications & Presentations
Caught Between a Rock and a Hard Place: The Perils of Simultaneously Defending Against Criminal and Civil Lawsuits, RBE Blog (2020)
- Some people are unlucky enough to find themselves subject to criminal prosecution and a civil lawsuit, all for the same underlying incident. If you find yourself in this situation, you may face a difficult decision. On the one hand, the Fifth Amendment to the United States Constitution guarantees that a person cannot “be compelled in any criminal case to be a witness against himself[.]” READ ARTICLE
The “Long Arm” of the Law, or How to Pull Out-of-State Opponents into Court, RBE Blog (2019)
- Picture this: you provide services to an out-of-state company, and the company then refuses to pay. The company ignores your reasonable requests to pay, so you initiate an Indiana lawsuit against the out-of-state company. The out-of-state company then seeks dismissal of the lawsuit, claiming that the Indiana court has no power over them. What happens next? READ ARTICLE
EMPLOYMENT LAW ALERT: Supreme Court Decision Lightens Employer Burden in FLSA Disputes, RBE Blog (2018)
- On April 2, 2018, the U.S. Supreme Court issued an opinion which may have long-lasting effects on wage and hour law. The dispute in Encino Motorcars, LLC v. Navarro, 584 U.S. _____ (2018) involved a claim brought by current and former service advisors against a car dealership employer, seeking damages for alleged failure to pay overtime wages in violation of the Fair Labor Standards Act (“FLSA”). READ ARTICLE
“Can’t We Just Appeal?”— When (and When Not) to Seek an Appeal, RBE Blog (2018)
- Let’s say a trial court or jury just made a decision with which you disagree. Your next question likely will be, “can’t we just ‘fix’ it on appeal?” Unfortunately, the answer often is “no.” Generally, our appellate courts, consisting of Indiana’s Court of Appeals and Supreme Court, are courts of review. This means they do not decide the outcome of disputes in the first place; rather, they decide whether an issue was correctly decided. READ ARTICLE
“Don’t Cash that Check! – The Pitfalls of ‘Accord and Satisfaction’”, RBE Blog (2017)
- Imagine this scenario: you sell your goods or services to a customer and send an invoice, and the customer gives you a check covering only part of your invoice. If this happens, examine the check very carefully. If the check says “Full and Final Payment” or “In Full Satisfaction” anywhere, do not cash it (unless you are willing to accept the reduced amount as full payment for your invoice). If you do cash the check, you may be stuck with the reduced payment under the doctrine of “accord and satisfaction.”. READ ARTICLE
Beyond the Office
Justin’s hobbies include golfing, cycling, and skiing.
Indianapolis Bar Association
U.S. District Court for the Southern District of Indiana – Local Rules Advisory Committee
Sagamore American Inn of Court
Indiana State Bar Association
- Vice Chair, Lawyer Advertising Rules Committee
Defense Trial Counsel of Indiana
Asian Pacific American Bar Association of Indiana
- Indiana University Jacobs School of Music, B.M., Piano Performance, French Minor (2006)
- Indiana University Jacobs School of Music, M.M., Jazz Studies (2009)
- Indiana University Maurer School of Law, J.D. (2012)
- Indiana (2012)
- U.S. District Court for the Northern District of Indiana (2013)
- U.S. District Court for the Southern District of Indiana (2014)