Kevin Betz - Trial & Litigations

Representative Clients

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 & Associates 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.

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