Litigation Areas

Hoover Hull Turner offers alternative dispute resolution services for litigants who are not firm clients. In this role we apply our skills as experienced legal analysts and trial lawyers to reach the result supported by both the facts and the law. Our goal is to provide a fair and unbiased process at reasonable cost for both sides.

Hoover Hull Turner’s appellate practice has been rated as “Tier 1” in the Indianapolis area by U.S. News’s “Best Law Firms” rankings. Our appellate work is a natural outgrowth of our trial practice, and we apply the same strategy at both levels: make the complex understandable, and focus on the most persuasive arguments. Our lawyers have briefed and argued cases presenting important questions of first impression in the areas of commercial law, constitutional law, professional liability, and insurance law. In addition to handling appeals arising from our trial work, we are routinely hired specifically to handle an appeal or to author briefs for amicus parties.

Hoover Hull Turner represents business clients in all types of ownership, securities, and corporate fiduciary matters. We litigate claims by and against officers, directors, shareholders, members and managers of companies. We help clients resolve business ownership issues through injunction hearings and trials, as well as through negotiated buyouts and settlements. We also assist corporations and special litigation committees conduct internal investigations. Some of our lawyers’ recent experience includes:

• Representing the majority shareholders of a Bloomington business in a corporate control dispute against minority shareholders
• Representing the president and minority shareholder of a company in a trial of fiduciary duty and breach of contract claims
• Representing investors in a 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
• Defended managing members of an LLC against claims by current and former minority members
• Represented 50% owner of LLC in negotiations with other member for company’s redemption of our client’s shares
• Represented owners, advisors, brokers and brokerage companies in defense of private securities law claims, as well as claims and investigations by the Indiana Securities Division
• Conducted internal investigation and made recommendations to special litigation committee charged with determining whether to assert claims against former officers and directors

Hoover Hull Turner’s primary focus is commercial litigation, and our practice has been rated as “Tier 1” in the Indianapolis area by U.S. News’s “Best Law Firms” rankings. Our lawyers represent parties in all types of business disputes, including:

• breach of contract
• business torts (breach of fiduciary duty, fraud, defamation, tortious interference)
• business ownership disputes
• employment and ERISA litigation
• intellectual property disputes
• manufacturing and supply chain litigation
• professional liability claims
• real estate and construction litigation
• securities litigation
• unfair competition and trade secret disputes

Our commercial litigation clients range from Fortune 500 companies to small businesses, as well as legal and medical professionals. We provide personalized service, and encourage our clients to take an active role in determining the best strategy to obtain their objectives—whether that means taking the case to trial and defending the result on appeal, or seeking alternatives to court such as pre-suit negotiation, mediation, or private arbitration. In everything we do, our clients’ best interests come first.

In addition, Hoover Hull Turner’s securities and finance practices have been rated as “Tier 1” in the Indianapolis area by U.S. News’s “Best Law Firms” rankings.

Hoover Hull Turner advises and defends clients in areas of employment law and employee benefits issues. Our focus is, first, on preventing claims against our clients by counseling them on compliance with federal and state and laws such as:

• Family Medical Leave Act (FMLA)
• Americans with Disabilities Act (ADA)
• Title VII of the Civil Rights Act
• Age Discrimination in Employment Act (ADEA)
• Fair Labor Standards Act (FLSA)
• Indiana’s Civil Rights Law and Wage Claim and Wage Payment Acts

We defend our clients, in court and before administrative agencies, in disputes arising under these laws. We also represent fiduciaries, employers, third-party administrators, insurers, participants and beneficiaries in employee benefit disputes, including pension and retirement, health and disability, ESOP, and ERISA litigation. Hoover Hull Turner’s ERISA litigation practice has been rated as “Tier 1” in the Indianapolis area by U.S. News’s “Best Law Firms” rankings.

Some of our lawyers’ recent experience includes:

• Representing clients before the EEOC and in federal court
• Representing employer before the Seventh Circuit Court of Appeals in defense of summary judgment against employee’s claims
• Negotiating early settlement of claims through private mediation, court-ordered settlement conferences, and agency ADR processes
• Representing individuals in ERISA pension plan litigation
• Obtaining state-court judgment for client and defending judgment before the Indiana Court of Appeals
• Drafting and revising employee handbooks, policies, separation agreements, and restrictive covenants
• Conducting internal investigations of discrimination and harassment complaints
• Consulting on HR matters, including handling of employee leave, disciplinary action, and termination
• Conducting anti-harassment training and wage/hour training

Hoover Hull Turner regularly litigates matters involving local, state, and federal government, as well as utility regulation. Our municipal litigation practice has been rated as “Tier 1” in the Indianapolis area by U.S. News’s “Best Law Firm” rankings. Some of our lawyers’ recent experience includes:

• Represented municipality in challenge to annexation ordinance
• Represented alternative-fuel fleet logistics provider in action concerning public contracting regulations
• Defended Department of Child Services against claim for injunction seeking to preclude implementation of agency rules
• Represented City of Fort Wayne in dispute arising from City’s lease of electric utility
• Represented City of New Haven on appeal, defending implementation of water utility rates
• Represented sitting U.S. Senator before state and local election boards against residency challenge
• Represented public utility on appeal of IURC decision approving projects modifying coal-powered generating stations

Hoover Hull Turner’s health care clients include hospitals, physicians, nurses, practice groups, clinics, and assisted living and long term care facilities. We appear for clients in matters involving the Indiana Department of Insurance, Indiana Medical Licensing Board, Indiana Board of Pharmacy, Indiana Attorney General, and United States Department of Justice. We have defended numerous malpractice claims through trial, always working closely with providers and their insurers to obtain results in the providers’ best interests. We also counsel professionals facing disciplinary or other actions that could jeopardize their licenses or credentials.

Hoover Hull Turner has extensive experience representing and counseling a range of legal professionals and their firms regarding professional negligence claims, disciplinary actions, and other issues that could jeopardize their professional licenses. We regularly represent law firm clients in state and federal courts in the region. Some of our lawyers’ recent experience includes:

• Represented AmLaw 100 Law Firm in three-week jury trial in Indiana state court against claims arising out of sale of former client’s business
• Represented AmLaw 200 Law Firm in Kentucky state court against plaintiff who claimed firm was responsible for losses related to financing of his business
• Represented AmLaw 200 Law Firm in Kentucky federal court against plaintiff claiming firm owed it duties despite lack of an attorney-client relationship
• Represented law firm against malpractice claims by former client-inventor who claimed patent had been drafted too narrowly
• Represented law firm against former client over tax advice
• Defended attorneys before the Indiana Disciplinary Commission

Hoover Hull Turner regularly represents manufacturers and logistics providers in disputes with suppliers and customers. We litigate substantial cases concerning contract, fraud, warranty, estoppel, and intellectual property claims. Some of our lawyers’ recent experience includes:

• Represented aerospace supply chain logistics provider Pattonair USA in arbitrated dispute against customer
• Represented defense subcontractor in federal court trial of dispute with prime contractor over contract’s price term
• Represented trailer manufacturer Wabash National Corporation against claims in Georgia and Indiana, obtaining—and defending on appeal—summary judgment ruling of no liability
• Represented bus manufacturer in jury trial of contract claims against public transportation system.
• Represented ZF Sachs Automotive of America in federal court trial of contract and promissory estoppel claims by proposed supplier of component part
• Represented Lawler Manufacturing in dispute over terms of license agreement

Hoover Hull Turner enjoys a diverse motorsports law practice, having assisted teams, team owners, drivers, agents and sanctioning bodies in commercial disputes and transactions. We have helped clients resolve legal issues relating to various racing series, including the NASCAR Cup Series, the IndyCar Series, Pirelli World Challenge, and ladder series such as Indy Lights and ARCA.

Our substantial motorsports experience includes the following representations:

• Represented Champ Car World Series and its owners in numerous disputes with event promoters and creditors
• Represented CART race team and its owner in arbitrated dispute with rival team relating to a technology sharing agreement and ownership rights under LLC operating agreement
• Represented motorsports agency in dispute with former client relating to compensation rights
• Representation of professional race car drivers (including multiple winners of the Indianapolis 500® Mile Race) in negotiations with teams and sponsors regarding driving and sponsorship services, appearances, and intellectual property licensing
• Counseled clients regarding rights to obtain preliminary injunctive relief with respect to driving services
• Counseled race team and its owners regarding terms of agreements with drivers, sponsors, and racing services provider
• Assisted clients to achieve partial emancipation of minor children for the limited purpose of allowing them to participate in auto or motorcycle racing in Indiana

In addition to our legal work, our attorneys regularly attend and contribute to The Racing Attorney Conference (TRAC) held annually in Charlotte, North Carolina or Indianapolis, Indiana.

Hoover Hull Turner has litigated a wide range of real estate and construction disputes for our clients. Some of our lawyers’ recent experience includes:

• Represented commercial landlords in actions against retail tenants
• Represented civil engineer against claims arising from design of apartment development
• Represented municipality in dispute related to construction of new fire station
• Represented non-profit in dispute with general contractor over construction defects and delay damages
• Represented material suppliers on mechanic’s lien, owner liability, and bond claims
• Represented regional bank in action to foreclose on residential development
• Represented loan purchaser in action to quiet title on commercial property

Hoover Hull Turner frequently represents businesses in litigation against their competitors. Those cases often involve claims concerning covenants not to compete, the misappropriation of trade secrets, unfair competition, and intellectual property infringement. Some of our lawyers’ recent experience includes:

• Represented bank in dispute concerning former loan officer’s covenants not to compete and solicit customers
• Represented individual in arbitration concerning enforceability of non-compete agreement utilized by national accounting firm
• Represented Franklin College of Indiana in trademark infringement action against Franklin University
• Represented Hilliard Lyons against group of registrant brokers in claims concerning fiduciary duties and Indiana Trade Secrets Act
• Represented convenience store supplier in trade dress, copyright, and antitrust action against competitor