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OVERVIEW

Brian E. Casey
Partner

South Bend

700 1st Source Bank Center
100 North Michigan
South Bend, IN 46601-1632

P 574-237-1285

F 574-237-1125

OVERVIEW

Brian E. Casey
Partner

South Bend

700 1st Source Bank Center
100 North Michigan
South Bend, IN 46601-1632

P 574-237-1285

F 574-237-1125

​Brian Casey is a partner in the Litigation Department of Barnes & Thornburg's South Bend, Indiana, office. He concentrates his practice on business litigation, particularly securities and ERISA litigation, as well as appellate practice.

OVERVIEW

Brian E. Casey Partner

South Bend

700 1st Source Bank Center
100 North Michigan
South Bend, IN 46601-1632

P : 574-237-1285

​Brian Casey is a partner in the Litigation Department of Barnes & Thornburg's South Bend, Indiana, office. He concentrates his practice on business litigation, particularly securities and ERISA litigation, as well as appellate practice.

Brian has represented issuers, and their directors and officers in private securities fraud class actions, SEC and Department of Labor investigations and enforcement actions, as well as investigations by the Department of Justice and the Internal Revenue Service. He has represented ERISA plan sponsors, plan administrators, and plan fiduciaries in all types of ERISA litigation. He has represented members in disputes involving limited liability companies.

Prior to joining Barnes & Thornburg, Mr. Casey served as a law clerk to the Honorable Pamela Ann Rymer, judge of the U.S. Court of Appeals for the Ninth Circuit. He also worked as a litigator for a number of years in both Denver, Colorado, and Washington, D.C. He received his J.D. from Yale Law School in 1992 and his B.A., cum laude, from Rice University in 1989 with degrees in biology, English, and economics.

Brian is licensed to practice in the states of Indiana, Colorado, Maryland, and the District of Columbia. He has appeared on behalf of clients in federal and state courts throughout the country, including the United States Supreme Court, the U.S. Court of Appeals for the Fifth, Seventh, Ninth, Tenth, Eleventh and D.C. Circuits, as well as federal district courts and bankruptcy courts throughout the country. He has appeared before the Indiana Court of Appeals, and is a member of the Indiana State Bar Association, the Colorado Bar Association, the Maryland Bar Association and the D.C. Bar Association.

Brian is a frequent contributor to Barnes & Thornburg's Government Enforcement Exposed blog at www.btgovtenforcement.com

EXPERIENCE
  • Barnes & Thornburg attorneys handled claims on behalf of the owner of an aircraft involved in a crash in which the pilot and four passengers were killed. All four passenger wrongful death cases were resolved within 12 weeks of the accident – thus sparing the families further trauma. The team then conducted an independent investigation into the cause of the accident, including full-scale reconstruction. The attorneys also appealed the National Transportation Safety Board (NTSB) fault determination through the U.S. Supreme Court and lobbied both administrative agencies and Congress for improved safety regulations.
  • Barnes & Thornburg attorneys obtained summary judgment on an ERISA wrongful denial of benefits claim brought by a former employee against a welfare benefits plan. Following a successful result in the district court, the plan obtained a successful result through the Seventh Circuit mediation process. Kehoe v. 1st Source Healthcare Benefits Plan, 2008 U.S. Dist. LEXIS 102193 (N.D. Ind. Dec. 16, 2008).
  • Barnes & Thornburg attorneys represent American Medical Association and the Medical Association of Georgia in district court and the Eleventh Circuit as intervenors/amici in lawsuit challenging Georgia’s prompt payment law based on ERISA preemption grounds. The clients supported the Georgia Attorney General’s position that the law is not preempted. America’s Health Insurance Plans v. Hudgens, 915 F. Supp. 2d 1340 (N.D. Ga. 2012).
  • Barnes & Thornburg attorneys represented a pension plan and plan sponsor against a wrongful denial of benefits claim, several breach of fiduciary duty claims, and a withheld documents claim. The plan and plan sponsor was successful in dismissing a breach of fiduciary duty claim and the documents claim. Thereafter, the parties reached a negotiated resolution satisfactory to the client. Lewalski v. Sanlo Mfg. Co., 2009 U.S. Dist. LEXIS 40915 (N.D. Ind. May 14, 2009).
  • Barnes & Thornburg attorneys represented a pension plan and various plan fiduciaries in a case arising from a dispute regarding a plan beneficiary's benefits between the beneficiary's second wife and the children from his first marriage. Following the pension plan's benefits decision, the second wife sued the plan and its fiduciaries for breach of fiduciary duty and wrongful denial of benefits. In the district court, Defendants obtained a dismissal of the breach of fiduciary duty claim and the summary judgment on the wrongful denial of benefits claim. On appeal, the Seventh Circuit Court of Appeals affirmed the district court's decision. Burns v. Orthotek, Inc. Employees’ Pension Plan & Trust, 657 F.3d 571 (7th Cir. 2011), 695 F. Supp. 2d 859 (N.D. Ind. 2010), 2009 U.S. Dist. LEXIS 19936 (N.D. Ind. March 11, 2009).
  • Barnes & Thornburg attorneys represented a plan administrator and third-party administrator against a wrongful denial of benefits claim. Defendants obtained a dismissal and summary judgment based on the court's conclusion that the defendants correctly found that an intentional self-inflicted injury exclusion applied even if the insured did not intend to injure himself. Landis v. Healthcare Resources Group, 2003 U.S. Dist. LEXIS 12025 (W.D. Mich. 2003).
  • Barnes & Thornburg attorneys represented Antech Diagnostics in its successful result in the U.S. Court of Appeals for the Fourth Circuit. The firm was retained after the client had summary judgment entered against it in the District of Maryland. The Fourth Circuit reversed the District Court’s decision and concluded that awarding lost future profits under a contract Antech used nationwide with hundreds of veterinary hospitals was not unconscionable under California law. The decision is the first decided by an appellate court construing the contract.
  • Barnes & Thornburg attorneys represented chief accounting officer in multinational company against allegations of accounting and securities fraud brought by the Department of Justice and the Securities and Exchange Commission.
  • Barnes & Thornburg attorneys represented client in defense against fraudulent conveyance and conversion claims involving $350 million asset sale. The trial court dismissed the claims against client and the other defendants. Following the dismissal, the Plaintiff appealed and the Court of Appeals affirmed the trial court’s decision. Angelopoulos v. Angelopoulos, 2013 Ind. App. LEXIS 538 (Ind. Ct. App. Oct. 29, 2013).
  • Barnes & Thornburg attorneys represented client in successfully defending securities fraud class action and obtained dismissal of all claims. Spears v. Metropolitan Life Ins. Co., 2009 U.S. Dist. LEXIS 67686 (N.D. Ind. 2009).
  • Plaintiffs were investors who allegedly suffered a multi-million dollar loss in their investment in a high-technology limited partnership. They sought class certification alleging fraud and breach of contract claims on behalf of similarly-situated investors. The district court dismissed plaintiffs’ fraud claim against Goldman in 2012. In 2013, the court granted summary judgment on plaintiffs’ contract claim. Kruse et al. v. Goldman Sachs & Co. et al., 897 F. Supp.2d 769 (N.D. Ind. Sept. 19, 2012); 2013 U.S. Dist. LEXIS 47918 (N.D. Ind. Apr. 2, 2013); Case No. 1:10-cv-00323 (Northern District of Indiana).
  • The 7th Circuit affirmed summary judgment granted for America's Servicing Company, an affiliate of Wells Fargo Bank. The case involved alleged "pyramiding" of late fees on a home loan after the Plaintiff failed to make his required monthly payments. The 7th Circuit affirmed the granting of summary judgment on Plaintiff's RESPA, breach of contract and Indiana Home Loan Practices Act claims.

    Of note for clients is the discussion of the Indiana Lender Liability Act and its prohibition of oral modifications of written loan agreements. This concludes litigation that included a putative national class action for all borrowers serviced by ASC that were charged late fees. Plaintiff's motion for class certification was denied, and the 7th Circuit ruling affirms summary judgment on the Plaintiff's individual claims. Collins v. America's Servicing Co., 652 F.3d 711 (7th Cir. 2011).
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