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OVERVIEW

J. Curtis Greene
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-229-3136

F 317-231-7433

OVERVIEW

J. Curtis Greene
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-229-3136

F 317-231-7433

Commercial litigator, trial lawyer and skilled negotiator Curt Greene represents private and publicly traded companies nationwide in a variety of civil litigation and business transactional matters. Curt understands business management and operations from the inside out, and brings his first-hand experience and business acumen to his broad dispute resolution and business law practice.

OVERVIEW

J. Curtis Greene Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P : 317-229-3136

Commercial litigator, trial lawyer and skilled negotiator Curt Greene represents private and publicly traded companies nationwide in a variety of civil litigation and business transactional matters. Curt understands business management and operations from the inside out, and brings his first-hand experience and business acumen to his broad dispute resolution and business law practice.

Curt joined the firm after nearly a decade of both public and private sector service in various operational and executive business management roles, including an array of leadership positions within operations, human resources and financial management. Curt knows how businesses work and the pressures they face. Clients and colleagues alike value that Curt can efficiently analyze operational and financial records and identify the strengths and weakness of the companies he represents.

Curt has represented businesses of virtually all sizes in regional and nationwide litigation matters in state and federal court involving substantial service contracts, commercial sales contracts, business asset and property disputes, and personal injury claims. His in-depth understanding of substantive legal disciplines ranges from contract law, uniform commercial code application, corporate governance and property law to business torts, personal injury, business finance law and others. He also represents businesses and shareholders in derivative and direct suits involving breach of fiduciary duty, self-dealing, conflicts of interest, corporate waste and usurping corporate opportunity.

Notably, Curt is also skilled in product liability defense. He serves as a core member of multiple regional and national litigation teams that represent major manufacturers and market leaders nationally in design and manufacturing defect, wrongful death, breach of warranty and injury suits involving products.

In addition, Curt is an experienced negotiator, serving on contract negotiation teams for major firm clients. Recently, Curt closed an $80 million contract for the state of Indiana. He also handles contract negotiation and drafting for a major contract pharmaceutical manufacturer. Because Curt views contract negotiation from the vantage point and tactical stance of a seasoned litigator, he is able to incorporate safeguards into the agreement that shield his client from future problems.

Moreover, Curt maintains a substantial construction law and litigation practice. Having worked as an executive in a construction company prior to the law, he has experience turning around failing operations, managing customer relations and maximizing profitability. Curt is well-versed in the details of the industry and the challenges construction companies face. Curt represents real estate developers, property owners, general contractors, subcontractors, and suppliers in contract and subcontract drafting and review, breach of contract claims, construction defect litigation, indemnity issues, bid protests, mechanic’s liens and related litigation, stop notices, public works prevailing wage issues, and labor compliance matters.

Curt played baseball for Ball State University and was named All-Conference and Academic All-American.

Professional and Community Involvement

Board member, past executive committee member and past chair, Defense Trial Counsel of Indiana (DTCI) Business Litigation Section

Graduate, Indianapolis Bar Association Bar Leader Series

Member, Associated Builders and Contractors

Member, American Bar Association Construction Forum

Member, American Bar Association

Member, Indiana State Bar Association

Member, Indianapolis Bar Associations

Former board member, Indiana Bar Foundation

Former member, Marion County Local Rules Committee

Active in the community on multiple boards and for community organizations

EXPERIENCE

State of Indiana v. IBM - Served as first chair trial counsel representing the state of Indiana in a $1.4 billion contract dispute against IBM. The six-week trial included more than 90 witnesses, more than 7,500 trial exhibits, and more than 125 hours of trial testimony. The trial capped two years of intense, expedited and contentious litigation that included more than 115 depositions, the disclosure of 13 experts, 12 motions for summary judgment, numerous discovery and evidentiary disputes, and complex electronic discovery of more than 15 million pages of documents. The state was ultimately awarded nearly $80 million in damages.

Simon Property Group v. Arch Ins. Co. - Served on the trial team that represented Simon Property Group in a trial victory totaling more than $200 million. Simon sued 16 insurers over insurance coverage for extensive flood loss that occurred at the Opry Mills mall in Nashville, Tennessee. The five-week trial capped several years of intense litigation that included more than 150 depositions, extensive expert discovery, and extensive motions practice. Curt was instrumental in the development and presentation of damages evidence to establish the judgment.

Lomax v. TASER International, Inc. - Secured Summary Judgment on behalf of TASER International, Inc. in a substantial wrongful death, product liability suit, including excluding multiple key experts and challenging product liability allegations. The decision was affirmed in the 9th Circuit Court of Appeals.

Walker v. TASER International, Inc. - Successfully excluded multiple key expert witnesses in securing summary judgment and a complete victory for TASER in a wrongful death product liability defense.

Campbell Hausfeld/Scott Fetzer Co. v. Johnson - Led the litigation team in this case where, as a matter of first impression, the Indiana Supreme Court unanimously held that misuse of a product is a complete defense to any product liability claim and that plaintiff misused the product at issue as a matter of law; affirming summary judgment in favor of defendant manufacturer.

Negotiated or litigated more than $2 billion in contracts.

EXPERIENCE
  • The State of Indiana, a Barnes & Thornburg client, will now be able to seek up to $177 million in damages against IBM for breaches of a $1.6 billion services agreement to help enhance the state’s public welfare system.

    The Indiana Court of Appeals reversed a lower court ruling on Feb. 13, saying that IBM fell short of what it promised. In her majority opinion, Chief Judge Nancy H. Vaidik wrote: “In the most basic aspect of the contract – providing timely services to the poor – IBM failed.”

    The Court also affirmed that no deferred fees ($43 million) were owed to IBM and reversed two separate awards of prejudgment interest and fees to IBM of more than $13 million; awards on equipment fees and assignment fees for IBM were affirmed, to be offset by the State’s damages.

    The case now goes back to Marion County Superior Court to determine the State’s damages.

    Barnes & Thornburg partners Peter Rusthoven and John Maley headed a litigation team that included Curt Greene, Meredith White, Kyle LeClere, Roxanne Larrison and multiple others throughout several offices.
  • A Barnes & Thornburg team led by partners Andrew Detherage and Charles Edwards representing Simon Property Group, a global leader in retail real estate ownership, management and development, won a $204 million jury verdict after a six-week trial in Nashville, Tenn. The trial related to flood losses that occurred in May 2010 at the Opry Mills mall in Nashville. The verdict included both covered losses and consequential damages in excess of the coverage limits. The jury also awarded additional consequential damages in an amount to be determined by the trial judge.

    The trial involved 17 insurers who refused to pay for losses above the first $50 million layer of coverage. The verdict follows a favorable summary judgment ruling in March 2015 in which the court ruled that up to $200 million in coverage was available for the loss. The case had been pending for five years and involved more than 130 depositions, including more than 20 experts, along with dozens of motions for partial summary judgment and motions in limine, and a successful effort to defeat a motion to compel appraisal.

    Assisting Detherage and Edwards were Christian Jones, Dennis Stolle, Joseph Chapelle, Curt Greene, Lindsey Dates, Rachel Lerman, Andrea Warren, Kara Cleary, and Brooke Aurs.
  • Barnes & Thornburg partners Kathleen Anderson and John Maley assisted TASER International in a product liability case in Akron, Ohio, seeking to overturn three separate adverse coroner rulings in which TASER was blamed for the deaths. Assisting Kathleen and John in the case were attorneys Curt Greene and Damon Leichty, along with paralegal Cathy Reed. After the four-day trial, the judge ruled in TASER's favor, ordering the medical examiners to delete TASER as causal or contributory from each death certificate. The court concurred with the firm’s position that “there is simply no medical, scientific, or electrical evidence to support the conclusions' made by the medical examiners in these cases.” The court also announced that TASER has "proven their claims for changing the reports of autopsy and death certificates on the three individuals by more than a preponderance of the evidence' as well as 'providing overwhelming credible medical and scientific evidence to support their positions.’” The ruling has widespread impact for TASER, both in current litigation in other cases across the country, as well as in influencing other medical examiners in the U.S.
INSIGHTS & EVENTS
Presentations

Curt has presented and/or moderated multiple seminars on business and litigation issues. Topics he has presented and/or organized/moderated include:

  • Business valuation in litigation – “Business Valuation Litigation and Utilizing Expert Witnesses”
  • Locating, developing, managing and defending expert witnesses – “Controlling the Experts”
  • Tips and techniques for using technology and managing complex cases – “Techniques and Strategies in Unraveling and Presenting the Complex Business Case”
  • Environmental issues impacting business litigation – “Even Litigators Go Green – Environmental Issues Affecting Business Litigation”
  • Realties and impact on the defense bar on litigation funding – "Litigation Financing: The Convergence of Law, Finance, and the Capital Market"
  • Strategy for selecting, presenting, defending and challenging experts, taught annually at IU Maurer School of Law – “Introduction to Experts in Litigation” 
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