Wayne Turner is a founding partner of Hoover Hull Turner LLP. His practice for more than thirty years has been business litigation in federal and state trial and appellate courts. Wayne’s practice includes securities and corporate governance disputes, defending large law firms and accounting firms against professional liability claims, government and regulated utility litigation, class action defense, supply chain matters, and a variety of business tort and contract disputes. Wayne served for several years as the Chair of the Litigation Practice Group of a regional law firm.

Education

  • J.D., magna cum laude, Indiana University Robert H. McKinney School of Law
  • B.S., Economics, with highest distinction, Purdue University; G.A. Ross Award for Outstanding Graduate

Recognition

  • AV Preeminent®, Martindale–Hubbell
  • The Best Lawyers in America® (2005-2018), Appellate Practice, Bet-the-Company Litigation (2016 and 2018 Lawyer of the Year), Commercial Litigation, Legal Malpractice Law – Defendants, Litigation – Banking and Finance (2014 Lawyer of the Year), Litigation – Municipal (2012 and 2015 Lawyer of the Year), Litigation – Securities (2012 and 2015 Lawyer of the Year)
  • Indiana Super Lawyers® (2004–2017, Top 10 in 2012–2017, Top 50 in 2004–2017)
  • Senior Fellow, Indianapolis Bar Foundation
  • Ranked by Chambers USA in Band 1 of Indiana lawyers listed in “Litigation: General Commercial” (2003-2015)
  • Ranked as a “Local Litigation Star” by Benchmark Litigation (2008-2016)

Professional Associations & Civic Involvement

  • President, Indianapolis Law Club (2008-2011)
  • Master, Indianapolis American Inn of Court (2013-present)
  • Faculty, National Institute for Trial Advocacy (2000-present)
  • St. Paul’s Episcopal Church, Indianapolis: Co-Chair of Rector Search Committee (2010); Chair of Transition Committee for $14 million structural renovation (2006-2007); Sr. Warden (2004); Vestry (2001-2004)
  • Washington Township Schools: Parent Support (2007-2014)
  • Governor-Appointed Trustee, Center for Agricultural Science & Heritage (2000-2005)
  • Purdue FarmHouse Fraternity: Alumni Foundation President (1996-2004); Alumni Association President (1988-1994)
  • Sycamore School, Indianapolis, Active Supporter (1995-2014)

Business & Commercial Litigation

  • Represented Simon Property Group in series of actions against prominent national retail chains, in injunction proceedings over threatened closings of stores at malls across the United States (relating to continuous operation covenants and prohibitions against closing sales)
  • Represented shareholder in family of central Indiana businesses, and resolved litigation with co-shareholder by pursuing and completing in 2017 a $70 million sale of the businesses to a third party facilitated by an investment banking firm
  • Horizon League vis Butler University (represented League and worked with Commissioner and Board of Directors to negotiate agreed terms of withdrawal of member institution from athletic conference)
  • Fred W. Meyer, et al. v. Robert Nelms and Ansure Mortuaries of Indiana, LLC, et al., Johnson Circuit Court (clients, former owners of cemetery and funeral home businesses in three states, successfully imposed a receivership over operating companies whose trust and escrow funds had been depleted of more than $25 million)
  • Franklin College of Indiana v. Franklin University, Inc., U.S. District Court, S.D. Ind. Case No. 1:09-cv-00830-WTL-TAB, July 2009 (agreed judgment in trademark infringement action entered in favor of 175-year-old client Franklin College, requiring defendant university to refer to itself in advertising as Franklin University “of Ohio”)
  • Polinsky and Sutker v. Violi, 803 N.E.2d 684 (Ind. Ct. App. 2004) (addressing issue of first impression concerning mandatory arbitration for claim against controlling shareholders in privity with corporation that entered agreement to arbitrate)

Class Action Litigation

  • Gold Seal Termite and Pest Control Co., et al. v. PrimeTV, LLC and DIRECTV, Inc., Marion Superior Court (counsel for DIRECTV in nationwide settlement of $3 billion claim alleging violation of Telephone Consumer Protection Act by unsolicited fax advertisements)
  • Barnett, et al. v. Liberty Corporation and Fortis, S.D. Ind. Case No. IP98-0113C-Y/G (defended purported $200 million class action commercial fraud claim; ruling de-certifying class upheld by 7th Circuit under Fed.R.Civ.P. 23)(e))
  • AAMA v. Kendrick, 244 F.3d 572 (7th Cir. 2001), cert. denied, 534 U.S. 994 (2001) (represented plaintiffs in obtaining entry of injunction prohibiting enforcement of Indianapolis ordinance restricting display of “violent” video games as prior restraint of speech prohibited by First Amendment)
  • Adams v. Indiana Bell Telephone Co., Inc. and Ameritech Services, Inc., 2 F.Supp. 2d 1077 (S.D. Ind. 1998) (granting summary judgment for client Ameritech Services against class and individual claims of age and pension discrimination in downsizing; affirmed as to pension claims and reversed as to age claims, 231 F.3d 414 (7th Cir. 2000))

Lawyer Liability & Licensing

  • Representation of AmLaw 100 Law Firm in litigation over the reopening of a Bankruptcy estate of a substantial business, for purposes of suing the court-appointed Trustee and Law Firm over the settlement of $100 million claims against former managers of the bankrupt company; resolved claims against Law Firm after favorable ruling by federal district court, for no payment by the Law Firm
  • Representation of AmLaw 100 Law Firm in 2014 three-week jury trial in Indiana state court (verdict of no liability on a $30 million claim of malpractice and breach of fiduciary duty asserted by former clients of the law firm, and a verdict requiring the former clients to pay the law firm more than $750,000 in unpaid attorneys’ fees)
  • Representation of AmLaw 200 Law Firm in Kentucky state court ($14 million claim by former client – business owner settled in 2014 after discovery and expert reports demonstrated that plaintiff entered transactions with sophistication and knowledge, and that the law firm acted without conflicts of interest)
  • Regular representation of law firm clients in litigation in state and federal courts in the region

Corporate Governance

  • Simon Property Group, Inc. and Simon Property Group, L.P. v. Successor Trustee of the Melvin Simon Family Enterprises Trust, Hamilton Superior Court (resolution of competing claims concerning the conversion of limited partnership units to publicly traded securities)
  • Represented group of investors in federal court action addressing issues of first impression under the Indiana Business Corporation Act with respect to a public corporation’s right to direct the vote of its own shares, through derivative transactions or employee benefit plans
  • Bren Simon, as Trustee of the Melvin Simon Family Enterprises Trust v. Deborah J. Simon, Simon Property Group, Inc., et al., 957 N.E. 2d 980 (Ind. Ct. App. 2011) (affirming trial court’s order in favor of client Simon Property Group, Inc., and rejecting attempt by removed trustee to challenge pre-removal ruling due to lack of legal standing)

Manufacturing & Supply Chain

  • Lawler Mfg. Co. v. Bradley Corporation, Fed. Circuit Appeal No. 2007-1533, May 27, 2008 (reversing and directing entry of judgment in favor of client Lawler on Bradley’s breaches of License Agreement that had allowed Bradley to sell thermostatic mixing valves using patented Lawler technology)
  • Madison Tool and Die, Inc. v. ZF Sachs Automotive of America, Inc., U.S. District Court, S.D. Ind. Case No. 4:06-cv-00074-JDT, March 20, 20008 (defense verdict for client manufacturer of shock absorbers after trial on $2 million contract and promissory estoppel claim by proposed supplier of component part)
  • Represented flatbed trailer manufacturer Wabash National Corporation against claims in Georgia and Indiana, including summary judgment rulings of no liability for Wabash
  • Represented substantial defense contractor in contract dispute resulting in 2014 bench trial in federal court, including issues of first impression as to the method for filling an open price term under UCC Section 2-305

Government & Utilities

  • Vectren Energy Delivery of Indiana, Inc. v. Indiana Office of Utility Counselor, Ind. Ct. App. Case No. 93A02-1604-EX-914 (March 7, 2017) (Opinion reversing Indiana Utility Regulatory Commission’s imposition of a four-year cap on recovery of substantial lost revenues from efficiency measures implemented by Vectren subsidiaries, under Indiana’s Demand Side Management statute)
  • Indiana Ass’n of Residential Child Care Agencies v. Indiana Dep’t of Child Services, S.D. Ind. Case No. 1:09-cv-1574-SEB-MJD (defense of client Dep’t of Child Services against claim for injunction seeking to preclude implementation of $200 million rate structure and procedures pursuant to promulgated agency rules)
  • Indiana Michigan Power Co. v. City of Fort Wayne, Indiana, Allen Superior Court Cause No. 02D01-0910-PL-400 (recover of $39 million for client City of Ft. Wayne arising from dispute over City’s lease of its electric utility to I&M in 1974)
  • Represented sitting U.S. Senator before Indiana Election Board and successfully defended residency challenges under Indiana Constitution and statutes
  • City of Greenwood v. Town of Bargersville, 930 N.E.2d 58 (Ind. Ct. App. 2010), trans. denied (addressing issue of first impression as to the landowner “consent” requirement under Ind. Code 36-4-3-9)
  • Brockman Enterprises LLC v. City of New Haven, 861 N.E.2d 725 (Ind. Ct. App.) (retained by City of New Haven after Court of Appeals opinion invalidated full year of City’s water utility rates for flaw in approval procedure; achieved reversal under de minimis doctrine on petition for rehearing), trans. denied (Ind. 2007)
  • Flynn & Zinkan Realty Co. v. Town of Westfield, et al., Hamilton Superior Court (2005 judgment for client developer entered after trial on merits, mandating approval of proposed development plan under “vested rights” doctrine)
  • M-Plan, Inc., et al. v. Indiana Comprehensive Health Insurance Association and Sally McCarty, 809 N.E.2d 834 (Ind. 2004) (requiring exhaustion of administrative remedies for claims against Indiana Insurance Commissioner and involuntary association created by statute)
  • United States Gypsum, Inc. v. Indiana Gas Co., Inc., Proliance Energy, Inc., et al., 735 N.E.2d 790 (Ind. 2000) (affirming ruling by the Indiana Utility Regulatory Commission that ProLiance Energy was not a state-regulated public utility)
  • Midwest Gas Services, Inc., et al. v. Indiana Gas Co., Inc. and ProLiance Energy LLC, 317 F.3d 703 (7th Cir. 2003) (affirming dismissal of multiple Sherman Act claims by competitors against client ProLiance Energy LLC)

Competition & Trade Secrets

  • Hilliard Lyons v. Merrill Lynch Pierce Fenner & Smith, National Ass’n of Securities Dealers (obtained temporary and permanent injunctive relief on behalf of client Hilliard Lyons against group of registrant brokers for breaches of fiduciary duties and violations of the Indiana Trade Secrets Act)
  • Merrill Lynch Pierce Fenner & Smith, Inc. v. William Craig Dobbs, et al., Hamilton Superior Court Case No. 29D01-0209-PL-661 (defended then fourth-largest production team in Merrill Lynch system from claims based on alleged breaches of covenants not to compete and request for temporary restraining order to move to Smith Barney)

Healthcare

  • Represented owner and manager of ambulatory surgery centers in month-long arbitration in Michigan, resulting in award to client of substantial damages for fiduciary duty breaches by co-owners
  • Represented manager of multiple Indiana surgery centers in the resolution of disputes over ownership succession and operational issues
  • Indiana Comprehensive Health Insurance Association v. Avemco Insurance Co., et al., 812 N.E.2d 108 (Ind. Ct. App. 2004) (affirming injunction forcing approximately $8 million in funding for Indiana’s high risk health pool, by companies claiming not to meet the statutory criteria for assessment)

*Past results do not guarantee results in any other case because of differences in the law and facts in each matter.

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Presentations & Publications

  • Presenter, Indiana Judges on Indiana Evidence, Indiana Continuing Legal Education Forum, October 2015
  • Presenter, Business Litigation, Indiana Continuing Legal Education Forum, 2017
  • Faculty, Midwest Regional Deposition Skills Program, National Institute for Trial Advocacy, 2005–Present
  • Faculty, National Trial Academy, National Institute for Trial Advocacy, 2016–Present

Wayne C.
Turner

Partner

Email: wturner@hooverhullturner.com
Phone: (317) 381-5606
Cell: (317) 752-2997
Fax: (317) 822-0234

Assistant: Dixie L. Lawyer
Assistant Phone: (317) 822-4400 x120