Kevin W. Betz

Kevin W. Betz has tried more than 20 jury trials, bench trials or arbitrations in his more than 25 years of trial work. He has won jury verdicts in individual rights cases of more than $300,000 in Marion County and $600,000 in Shelby County as well as a $3.1 million verdict in the federal district court for the Southern District of Indiana. See Doescher v. Raess, 883 N.E.2d 790 (Ind.2008); Morgan v. Shelby County, 835 N.E.2d 234 (Ind. Ct. App. 2005); Burton, et al. v. General Motors Corp., No. 95-1054 (S.D. Ind. Aug. 15, 2008). These were each considered groundbreaking verdicts in unique cases with novel claims. Besides other successful federal court trials, Kevin has also tried cases to juries in Delaware, Hamilton, Hendricks, and Johnson counties in Indiana.

In 2010 Kevin earned certification from the National Board of Trial Advocacy and is now recognized as a Board Certified Trial Attorney based on his skills and experience. In addition, in May of 2012 he also earned certification from the National Board of Trial Advocacy in Civil Pretrial Practice. He has been a master lawyer in the Sagamore American Inns of Court since 1998 (now emeritus); a member of the National Employment Lawyers Association; and a founding board member of the Indiana Hemophilia & Thrombosis Center, one of the largest such centers in the country providing more than $1.5 million in free medical services to Hoosiers every year; and is an appointed member of the Indiana Supreme Court’s Committee on Character and Fitness to practice law in Indiana since 1998. As well, the International Network of Boutique Law Firms (INBLF) selected his firm as its Indiana individual rights representative.

To begin his career, Kevin served for two years as a law clerk for the Chief Justice of the Indiana Supreme Court, Randall T. Shepard, and then practiced for five years in the litigation department at Krieg DeVault. As an appointment by the governor, he next served as the Chief Counsel for the Indiana Department of Environmental Management during the Evan Bayh and the Frank O’Bannon administrations, overseeing more than 20 attorneys and the litigation and enforcement divisions for an entire state agency. Betz + Blevins now has five attorneys and two paralegals and since 1997 has had a successful trial and litigation practice primarily on behalf of individuals and small businesses. He has also been selected on multiple occasions as a Super Lawyer in Indiana.

Notable clients include:

  • The Indiana Hemophilia & Thrombosis Center
  • The Indiana Board of Law Examiners (an agency of the Indiana Supreme Court)
  • MiraVista Diagnostics LLC
  • Verizon Wireless

In 1993, Kevin created and was President of The Lawyers Bar Review, a biannual six-week preparatory course for bar candidates seeking to pass the Indiana Bar Exam. A national bar review purchased The Lawyers Bar Review in 1998. Besides serving as editor of the materials covering 26 areas of Indiana and federal law, Kevin lectured in the areas of contracts and techniques and tactics for bar exam testing. He is also regularly selected as a lecturer for Indiana and national continuing legal education programs, including a conference regarding discrimination and bullying at Yale University in 2012.

Mr. Betz was also the creator and lead author from 1990-2002 of a law review article that analyzes the Indiana Supreme Court’s docket, dispositions, and voting. It is published annually in the Indiana Law Review, see, e.g., An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting, 35 Indiana Law Review 1117 (2002).

Mr. Betz’s undergraduate degrees are from Indiana University in journalism and political science in 1982. He also earned a master’s degree from Northwestern University in 1984. During law school, he was a law clerk from 1986 to 1988 for The Honorable Marc R. Kellams, a state trial court judge in Monroe County, Indiana.

Education and Clerkships

  • B.A., Journalism – Indiana University – Bloomington, IN, 1982
  • B.A., Political Science – Indiana University – Bloomington, IN, 1982
  • M.A., Journalism – Northwestern University – Evanston, IL, 1984
  • J.D., Indiana University Maurer School of Law – Bloomington, IN, 1988
  • Clerkship with Judge Marc R. Kellams, 1986 – 1988
  • Clerkship with Indiana Supreme Court Chief Justice Randall T. Shepard, 1988 – 1990

Bar Admissions

  • All Indiana state courts, 1988
  • U.S. District Court, Northern District of Indiana, 1988
  • U.S. District Court, Southern District of Indiana, 1988
  • U.S. District Court of Appeals for the Seventh Circuit, 1988
  • U.S. Court of Appeals for the Federal Circuit, 2000
  • U.S. Supreme Court, 1995

Professional Associations, Memberships, Certifications

  • Kevin Betz is a Board Certified Trial Attorney based on his skills and experience. Board certified civil trial lawyers represent private parties who typically are suing or being sued for money damages. These lawyers are qualified to try cases before juries and judges in state and federal courts. They are also competent in resolving disputes before lawsuits are filed, handling mediations and arbitrations.
  • Indiana Hemophilia and Thrombosis Center founding board member, 1997
  • American Bar Association
  • Federal Bar Association
  • Indiana State Bar Association
  • Indianapolis Bar Association
  • Sagamore American Inns of Court
  • Board Certified Trial Attorney – National Board of Trial Advocacy
  • Board Certified in Civil Pretrial Practice Advocacy- National Board of Civil Pretrial Practice Advocacy
  • Certificate of Business Administration – ISBA Business School For Lawyers at Butler University
  • National Employment Lawyers Association
  • National Employment Lawyers Association – Indiana Chapter
  • International Network of Boutique Law Firms – Indiana Section
  • Indiana Trial Lawyers Association
  • Certification in the Leading and Managing People Executive Education Program at The Wharton School at the University of Pennsylvania

Representative Cases

Employment Law
Anderson v. U.S.F. Logistics (IMC) Inc. 274 F.3d 470 (7th Cir. Ind. 2001)—Advocated in favor of employee to permit “Have A Blessed Day” as a religious practice.

Budden v. Board of School Com’rs of City of Indianapolis (IPS)698 N.E.2d 1157 (Ind. 1998)—Class action on behalf of IPS teachers who had their retirement funds stolen and established a new case law regarding class actions under Indiana’s Tort Claim Notice Statute- settled for $600,000.

CLC Services, Inc. v. Reedy & Peters, LLC Johnson Circuit Court Cause No. 41C01-0307-PL-00032; Johnson Superior Court Cause No. 41D03-0306-PL-00027—Successfully advocated on behalf of employees resisting a covenant not to compete.

Curry v. State of Indiana Cause No. 41C01-0307-PL-00032—Successfully advocated on behalf of a state employee to obtain full retirement benefits.

Doescher v. Raess Cause No. 49D01-0206-PL001116—Prevailed at jury trial to obtain $325,000 verdict in workplace assault.

Fain v. Wayne County Auditor’s Office 388 F.3d 257 (7th Cir. 2004)—Prevailed on appeal establishing FMLA rights against county auditor and represented in federal jury trial.

Marvel v. Rehabilitation Hospital of Indiana Cause No. 99-C-0913-T/G—Represented eight occupational therapists in action for severance payments based on ERISA.

Schober v. SMC Pneumatics, Inc. 2000 WL 1231557 (S.D. Ind., Aug. 21 2000); 2000 WL1911684 (S.D. Ind., Dec. 04 2000); and 2000 WL 34027051 (S.D. Ind., Dec. 15 2000)—Jury trial verdict in favor of client under FMLA. First FMLA jury trial in U.S. Southern District of Indiana.

Sitar v. Indiana Department of Transportation 344 F.3d 720 (7th Cir. 2003)—Prevailed on appeal and settled retaliation case for $125,000.

Tarapore v. McNamara LLC 2004 WL 1629513 (S.D. Ind.), Slip copy, Feb 13 2004—Represented client in national origin case and prevailed at summary judgment. Confidential Settlement.

Thomas E. Carter v. U.S. Army Cause No. IP01-C-05750H/L—Successful ADA/Rehabilitation Act representation and settlement for over $100,000.

U.S. Medical Systems, LLC v. Ken Julian Cause No. 32D03-0310-CC-175—Defended individual in wage dispute.

Debbie A. Peirick vs. Indiana University-Purdue University Indianapolis Athletics Department; Indiana University-Purdue University Indianapolis Cause No.: 1:03-cv-1965 LJM-WTL—Prevailed at summary judgment stage in sex discrimination case against IUPUI.

Jay Bates v. Indiana Department of Correction Cause No. 49D02-0202-CT-207—Successfully represented plaintiff in first known FMLA case against State of Indiana. Settlement for over $40,000.

Professional Licensing & Discipline
Ross v. Indiana State Board of Nursing 790 N.E.2d 110 (Ind. App. 2003)—Prevailed in action representing nurse and recovered judgment of $80,000.

State Board of Examiners v. Anonymous Bar Applicant Supreme Court No. 94S00-03-1-BL-44—Represented State Board against Applicant to State Bar.

Donald Martz et al. v Robert O. Vegler et al. Cause No.: 49D03-0212-CT-02151—Representing individuals and corporate entity in multi-million dollar legal malpractice claim.

Civil Rights & Constitutional Law
Anderson v. U.S.F. Logistics (IMC) Inc. 274 F.3d 470 (7th Cir. Ind. 2001)

Curry v. State of Indiana Cause No. 41C01-0307-PL-00032

Marvel v. Rehabilitation Hospital of Indiana Cause No. 99-C-0913-T/G

Ross v. Indiana State Board of Nursing 790 N.E.2d 110 (Ind. App. 2003)

Tarapore v. McNamara LLC 2004 WL 1629513 (S.D. Ind.), Slip copy, Feb 13 2004

Thomas E. Carter v. U.S. Army Cause No. IP01-C-05750H/L

Appellate Law
Anderson v. U.S.F. Logistics (IMC) Inc. 274 F.3d 470 (7th Cir. Ind. 2001)

Budden v. Board of School Com’rs of City of Indianapolis (IPS) 698 N.E.2d 1157 (Ind. 1998)

Fain v. Wayne County Auditor’s Office 388 F.3d 257 (7th Cir. 2004)

Midtown Chiropractic v. Illinois Farmers Insurance Company 812 N.E. 2d 851 (Ind. Ct. App. 2004)—Co-counsel for appellate issues regarding Court of Appeals opinion and petition to Indiana Supreme Court as well as oral argument to Indiana Supreme Court.

Sitar v. Indiana Department of Transportation 344 F.3d 720 (7th Cir. 2003)

The Indianapolis Star v. Trustees of Indiana University, 787 N.E.2d 893 (Ind. App. 2003)—Successfully represented on appeal of novel issues under the Indiana Access to Public Records Act.

Wittenberg Lutheran Village v. Lake Co. Property Tax Assessment Bd. of Appeals 782 N.E.b2d 483 (Ind Tax Ct. 2003)—Assisted for appellate issues in petition and oral argument to Indiana Supreme Court.

Business & Commercial Law
CLC Services, Inc. v. Reedy & Peters, LLC Johnson Circuit Court Cause No. 41C01-0307-PL-00032; Johnson Superior Court Cause No. 41D03-0306-PL-00027

Kenneth E. Dixon v. GIA, Incorporated, et al.Cause No. 49D12-0201-CT-00004—Represented individual under purchase agreement of insurance business – Confidential settlement.

John E. Scott v. Consolidated Insurance Services, Inc., Carlisle Insurance Agency Inc., Gregory P. Gennett, Rexford Early, David D. Schaffer Cause No.: 49D10-0501-PL003559—Represented individual in employment agreement and independent contractor agreement regarding his book of business rights- Confidential settlement.

Class Actions
Budden v. Board of School Com’rs of City of Indianapolis (IPS) 698 N.E.2d 1157 (Ind. 1998)

Secrest, et al. v. Newark Corporation, et al. Cause No. 1:04-cv-0828-JDT-TAB filed in the United States District Court for the Southern District of Indiana, Indianapolis Division – Successful ERISA class action.

Beaver, et al. v. Rick’s Café Boatyard Cause No. 1:04-cv-1409-DFH-TAB filed in the United States District Court for the Southern District of Indiana, Indianapolis Division – class action on behalf of hourly wage earners.

Environmental Law,
Represented the State of Indiana in consent decree negotiations with Westinghouse/General Electric, the U.S. Environmental Protection Agency, and the Bloomington Office of the Mayor involving PCB contamination in Bloomington.

Served as Chief Counsel at IDEM during final settlement of a major negotiation with a large corporate polluter in northwest Indiana – approximately $100 million in fines and penalties were agreed to by corporate polluter.

Personally represented IDEM in an action before the State Employee Appeals Commission, prevailing in defending the commissioner’s decision to terminate the employment of an Administrative Law Judge.

Betz + Blevins provides Verizon Wireless legal counsel in assessing contamination risks and liability potential regarding land acquisition decisions for Verizon’s tower sites.

Represented property owner in Indiana against two major oil companies in contamination case resulting in payment of over $550,000 to client.

Board Certified Civil Trial Lawyers & Trial Attorneys

The National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification was the first American Bar Association accredited attorney board certifying agency in the world. Founded in 1977, NBTA offers board certification for lawyers in Civil Trial Law, Criminal Trial Law, and Family Trial Law. NBLSC also offers board certification for lawyers in Social Security Disability Law. To qualify for one of these four certifications lawyers must have extensive experience in their specialty and meet rigorous objective quality standards.

Board certified civil trial lawyers represent private parties who typically are suing or being sued for money damages. These lawyers are qualified to try cases before juries and judges in state and federal courts. They are also competent in resolving disputes before lawsuits are filed, handling mediations and arbitrations.

Publications and Presentations

  • Invited speaker/participant at Yale University Rudd Center for Food Policy & Obesity to brainstorm and discuss litigation strategies to address weight-based bullying and discrimination toward obese youth and adults on December 3–4, 2012.
  • From 1990-2000, he was the lead author of the annually published Indiana Law Review article “An Examination of the Indiana Supreme Court Docket, Dispositions, and Voting.” He is the lead author for more than 10 such law reviews published by the Indiana University School of Law.
  • “Workplace bullies more than mean.” The Indianapolis Star: March 20, 2005. Kevin Betz mentioned in a Sunday Star Business section story as a follow-up to recent news covering his plaintiff’s suit concerning workplace bullying against a local hospital’s chief heart surgeon.
  • Invited participant at Yale Rudd Center for Food Policy & Obesity to brainstorm and discuss litigation strategies to address weight-based bullying and discrimination toward obese youth and adults on December 3–4, 2012.
  • “Hospital manager placed on leave.” The Indianapolis Star: March 19, 2005. Kevin Betz interviewed about another workplace bullying incident on the heels of his successful plaintiff’s representation in a trial case involving workplace bullying. Both incidents occurred within the same hospital facility.
  • “Competing interests.” The Indianapolis Star: March 19, 2001. Story on noncompetition clauses in employment contracts.
  • “NLRB ruling aids nonunion staff.” The Indianapolis Star: Aug. 3, 2000. Kevin consulted as an expert source on National Labor Relations Board ruling allowing nonunion workers to bring a witness to meetings that might lead to a disciplinary action.
  • “Remedies Available Under Title VII of the Civil Rights Act of 1964″ presented at the Indiana Civil Rights Commission’s Annual Continuing Legal Education Seminar, Indianapolis, Ind., 2004.
  • “Pre-Trial Preparation of Civil Rights Cases” presented at the Indiana Civil Rights Commission’s Annual Continuing Legal Education Seminar, Indianapolis, Ind., 2002.
  • “Indiana Judges on Indiana Evidence: The Tough Issues Argued” Kevin was selected to argue evidentiary issues from the plaintiff’s perspective at the Indiana Continuing Legal Education Forum on Dec. 8, 2005. For more information, visit iclef.org.

These prior cases in no way predict future success, but only show our past experience.