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OVERVIEW

John R. Maley
Partner

Indianapolis, Columbus

11 South Meridian Street
Indianapolis, IN 46204-3535
41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P 317-231-7464

F 317-231-7433

OVERVIEW

John R. Maley
Partner

Indianapolis, Columbus

11 South Meridian Street
Indianapolis, IN 46204-3535
41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P 317-231-7464

F 317-231-7433

A trusted adviser and passionate advocate, John Maley is skilled in advocating before trial and appellate judges, juries and mediators who rely upon his assessment of the case at hand. Whether on attack or defense, John’s understanding of diverse industries and the sophisticated legal issues that permeate complex disputes is at the core of his success as a litigator and trial attorney.

OVERVIEW

John R. Maley Partner

Indianapolis

Columbus

11 South Meridian Street
Indianapolis, IN 46204-3535
41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P : 317-231-7464

A trusted adviser and passionate advocate, John Maley is skilled in advocating before trial and appellate judges, juries and mediators who rely upon his assessment of the case at hand. Whether on attack or defense, John’s understanding of diverse industries and the sophisticated legal issues that permeate complex disputes is at the core of his success as a litigator and trial attorney.

John regularly represents publicly traded and private companies in regional and national litigation, trials and on appeal, and advises and represents leading universities in higher education issues and dispute resolution. He also frequently serves as special litigation counsel to the state of Indiana and advises local governments.

He has deep trial experience in multiple jurisdictions, including as a pro bono deputy prosecutor and as court-appointed trial counsel.

John has served as lead counsel in appeals in the U.S. Supreme Court, Indiana Supreme Court, Indiana Court of Appeals, Ohio Court of Appeals, Ohio Supreme Court, Michigan Court of Appeals, Arizona Court of Appeals and Arizona Supreme Court, and in Pennsylvania appellate courts. He also has handled appeals in several federal courts of appeals, including in the Third, Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh circuits. John has successfully concluded multiple complex trials and appeals, including prosecuting and defending cases with nine-figure damages and appearing in more than 25 jurisdictions as lead counsel.

John has published numerous articles on federal practice and is the author of the Appellate Handbook for Indiana Lawyers. He lectures frequently on federal civil practice, noncompete and employment matters.

John is married to Vivian Maley, CEO of the Joseph Maley Foundation, named in honor of their son, Joseph, who passed in 2008; they have four other boys. 

Professional and Community Involvement

Chair, Southern District of Indiana Local Rules Committee (25 years)

Past president, Indianapolis Bar Association

Past president, Indianapolis Bar Foundation

Co-chair and lecturer, Indiana Bar Review

Member, Northern District of Indiana Local Rules Committee (20 years)

Past chair, Marion County Local Rules Committee

Past president, Indianapolis Chapter, Federal Bar Association

Past president, Indiana University Law School Alumni Association

Past chair, Indiana State Bar Association's Appellate Practice Section

Chair, Barnes & Thornburg Library and Technology Committee

Chair, Barnes & Thornburg Pro Bono Committee

President, Whitewater Valley Pro Bono Commission

Board member, USA Track & Field (USATF) Indiana

Member, Black Robe Running Club

Assistant coach, Brebeuf Jesuit cross country and track

Honors

Fellow, American College of Trial Lawyers

Fellow, Indiana Bar Foundation

Fellow, Indianapolis Bar Foundation

Indiana Super Lawyers, 2004-2019

The Best Lawyers in America, 2007-2019; Lawyer of the Year, 2009, 2012-2015, 2018 and 2019

Chambers USA, 2009-2018

Benchmark Litigation, Indiana Litigation Stars

Who’s Who in American Law

Who’s Who in Indianapolis Law

EXPERIENCE
  • Affirmed favorable judgment after lengthy trial reversed three adverse cause-of-death rulings from a coroner erroneously implicating TASER in three drug-related deaths.
  • Affirmed summary judgment for TASER in wrongful death case.
  • Affirming summary judgment for manufacturer in failure to warn case. Rosa v. TASER, 2012 ___ F.3d ___, No. 09-17792 (9th Cir. 2012).
  • Affirming summary judgment for manufacturer in products liability/wrongful death action.
  • Assisted client in obtaining summary judgment in professor's 42 U.S.C.S. § 2000 e-2(a)(1) gender discrimination claim when professor failed to present prima facie case of reverse discrimination, and university showed that more qualified woman was hired to teach world history.
  • Barnes & Thornburg attorneys assisted Sanyo Laser Products, Inc., in obtaining a ruling that confirmed the existence of a claim for bad faith breach of the duty to defend under a liability policy and that a policyholder may be entitled to recover its attorney fees if it prevails on a bad faith claim. Sanyo Laser Prods., Inc. v. Royal Ins. Co. of Am., No. 1:03cv1151 (S.D. Ind., filed Aug. 7, 2003).
  • Barnes & Thornburg defended manufacturer of epoxy used on bridges against allegations of spoliation of evidence and breach of contract. In an appeal of both issues, the court affirmed grants of summary judgment in favor of our client.
  • Barnes & Thornburg LLP partner John Maley recently assisted client, TASER International, in a Missouri product liability case that was voluntarily dismissed without prejudice. It was the 52nd wrongful death or injury lawsuit that has been dismissed or where TASER obtained a favorable judgment. Maley is lead outside counsel for TASER, which is considered to be a market leader in advanced electronic control devices. Assisting Maley in the recent case were David Ballard of the Chicago office and Cathy Reed of the Indianapolis office.
  • 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.
  • Barnes & Thornburg represented 1st Source Bank as personal representative in a Supreme Court of Indiana case affirming the trial court’s decision that the decedent’s will was properly admitted to probate, which had been reversed by the Court of Appeals. The Supreme Court held that the method of will execution used in the case was valid. This is the leading Indiana case on the requirements for valid will execution. Estate of Dellinger v. 1st Source Bank, 793 N.E.2d 1041 (Ind. 2003).
  • Client-employer obtained summary judgment on a former employee's ADEA damages claim because the employee did not discharge her duty to mitigate damages; a full-time bartending job was not comparable to the former managerial job in terms of duties and earnings.

    Hazelene Hutton was employed by Sally Beauty Company, Inc. (Sally Beauty) until her termination in 2001. Hutton was 58 years old. Hutton subsequently brought a lawsuit against Sally Beauty arguing that she was terminated based on her age in violation of the Age Discrimination in Employment Act (ADEA). Sally Beauty moved for summary judgment based on damages, arguing that even if Hutton were able to prove age discrimination, she would not be entitled to damages due to her alleged failure to mitigate these damages.

    In support of its motion for summary judgment, Sally Beauty submitted a collection of classified ads from local newspapers demonstrating that comparable retail management job openings were available in the geographic region where Hutton lived. For example, there were openings for video store managers, store team leaders, an office manager for a winery, managers for a Hallmark store, merchandising managers and store managers for a clothing store.

    The Court observed that Hutton had not made any attempts to secure comparable employment. Additionally, Hutton introduced no evidence in support of a good faith effort to secure comparable employment. The Court observed that Hutton’s full-time bartending job was not comparable in terms of duties and responsibilities or in terms of earnings. Accordingly, the district court granted Sally Beauty’s motion for summary judgment.
  • Court granted client employer summary judgment on the employee's race discrimination claim because he failed to show that the employee's reason for terminating him, namely, due to a reduction in force, was pretextual.
  • Denying plaintiff's motion to file belated causation expert disclosure in products/wrongful death matter; case subsequently dismissed with prejudice.
  • Granted summary judgment for TASER in wrongful death case.
  • Obtained and affirmed summary judgment for employer in faculty case.
  • Obtained and affirmed summary judgment for employer in faculty claim.
  • Obtained and affirmed summary judgment for employer in gender bias suit.
  • Obtained and affirmed summary judgment for employer in TItle VII case.
  • Obtained injunction precluding departing financial advisors from competition.
  • Obtained reversal of adverse judgment against law firm.
  • Obtained summary judgment on behalf of client Action Authority, LLC and its owner on claims including conversion, civil conspiracy, computer tampering and theft, copyright infringement and inducement to infringe.
  • Represented client in obtaining summary judgment in ADA and FMLA matter.
  • Represented liquidation trustee in dispute over claims filed by claimants holding perfected statutory mechanics' liens against debtor's steel mill facility. The district court held that our client’s objections were untimely, but the Seventh Circuit reversed and held in favor of client.
  • Represented the Town of Plainfield in defense of breach of contract action. Plaintiff, a land developer, sought several million dollars in damages regarding provision of sewer service to their subdivision. Prevailed with defense verdict after six day jury trial.
  • Represented university in appeal of workforce board's decision that professor was entitled to employment benefits; court reversed lower court's decision.
  • 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.
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