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OVERVIEW

Karoline E. Jackson
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7492

F 317-231-7433

OVERVIEW

Karoline E. Jackson
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7492

F 317-231-7433

Karoline E. Jackson is a partner in the Litigation Department of Barnes & Thornburg and serves as the firm's General Counsel. Karoline represents businesses and individuals in a variety of civil litigation matters in both state and federal courts throughout the United States. She concentrates her practice in the areas of complex commercial litigation, real estate litigation and securities litigation.

OVERVIEW

Karoline E. Jackson Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P : 317-231-7492

Karoline E. Jackson is a partner in the Litigation Department of Barnes & Thornburg and serves as the firm's General Counsel. Karoline represents businesses and individuals in a variety of civil litigation matters in both state and federal courts throughout the United States. She concentrates her practice in the areas of complex commercial litigation, real estate litigation and securities litigation.

In 2016, Karoline was recognized on the Indiana Super Lawyers list for her work in business litigation, construction litigation: business, and securities litigation. She is also recognized on The Best Lawyers in America list for her work in commercial litigation.

Karoline represents real estate clients, including Real Estate Investment Trusts (REITs), real estate developers, contractors, architects, commercial landlords, property owners, investors and mortgage and title companies, in wide-ranging complex commercial, construction and real estate litigation, dispute resolution and business counseling. Karoline's experience includes litigating, arbitrating and advising real estate and real estate-related finance clients in class actions, construction disputes, real-estate disputes, low-income housing tax credit matters, development agreements, joint venture arrangements, operating agreements, lease agreements and tenant/landlord disputes.

Karoline also represents and counsels real estate brokerage, mortgage companies and other settlement service providers regarding the Real Estate Settlement and Procedures Act (RESPA), disputes with the Department of Housing Development and the Consumer Finance Protection Bureau, compliance matters, internal investigations, antitrust, consumer protection, fees and charges and copyright protection. In a recent victory, Karoline obtained summary judgment for a large real estate holding company in a certified class action seeking more than $600 million in damages for alleged illegal price-fixing under the Sherman Act, which order has been affirmed by the Sixth Circuit.

Her complex commercial and securities litigation practice covers a wide range of areas, including contractual disputes, residential mortgage backed securities, corporate governance, regulatory compliance, securities fraud, and class action and multi-district litigation. Karoline also represents broker-dealers and other businesses in arbitration and regulatory forums, including FINRA and the American Arbitration Association.

She is admitted to practice in Indiana and Illinois and before the U.S. District Courts for the Northern and Southern Districts of Indiana, the Northern and Southern Districts of Illinois, the Western District of Michigan, the District of Colorado, the U.S. Courts of Appeals for the Sixth, Seventh, Ninth, Tenth and Eleventh Circuits.

EXPERIENCE
  • A Barnes & Thornburg attorney represented an educational institution in a multiple plaintiff federal lawsuit, obtaining an order compelling arbitration of claims over a challenge that the arbitration clauses were not executed and unenforceable.
  • A Barnes & Thornburg attorney represents and counsels real estate brokerages and other settlement service providers regarding the Real Estate Settlement and Procedures Act (RESPA), disputes with the Department of Housing Development and the Consumer Finance Protection Bureau, compliance matters, internal investigations, antitrust, consumer protection, consumer fees and charges and copyright protection.
  • A Barnes & Thornburg attorney represents real estate clients, including Real Estate Investment Trusts (REIT), real estate developers, contractors, architects, commercial landlords, property owners and homebuilders, in wide-ranging complex commercial litigation, dispute resolution and counseling.  The attorney’s experience includes litigating, arbitrating and advising real estate clients in construction disputes, real-estate related disputes, development agreements, joint venture arrangements, operating agreements, lease agreements and tenant/landlord disputes.

    An example of the attorney’s experience includes representing a commercial real estate company and obtaining preliminary injunction preventing tenants from ceasing operations at a shopping center. Glendale Centre, LLC v. The Limited, Inc. et al., Cause No. 49D11-0206-PL-000994 (Marion Superior Court, Indiana).
  • A Barnes & Thornburg attorney served as co-counsel representing an issuer of residential mortgage back securities against federal and state securities laws claims and achieved a favorable pre-trial resolution of claims. Federal Home Loan Bank of Indianapolis v. Banc of America Mortgage Securities, Inc., et al., Case No. 49D05-1010-PL-045071 (Marion Superior Court, Indiana).
  • Barnes & Thornburg attorneys defended a real estate brokerage firm against a $50 million fraud and RICO lawsuit and a companion suit instituted by a court-appointed receiver. This pair of lawsuits arose out of an alleged mortgage fraud scheme associated with high-end properties in Southern California. Obtained dismissal of the RICO claims and achieved favorable pre-trial resolution of remaining claims in both lawsuits.
  • Barnes & Thornburg attorneys prosecuted a $25 million breach of contract claim on behalf of an auto finance company who acquired and securitized automobile retail installment loan contracts. The lawsuit sought damages as a result of the defendants’ failures to properly service the securitized loans as required by the parties’ contracts. Our client prevailed achieving a favorable settlement prior to trial.
  • Barnes & Thornburg attorneys represented a large residential real estate brokerage firm in a certified class action seeking over $600 million in damages for alleged illegal price-fixing under the Sherman Act. Plaintiffs alleged that real estate brokers conspired to fix the price of broker commissions in violation of Section One of the Sherman Act. The District Court granted our client’s Motion for Summary Judgment dismissing Plaintiffs' claims with prejudice on the grounds that Plaintiffs had not come forward with evidence sufficient to go to a jury on the existence of a conspiracy or sufficient to rule out legal market behavior. The Sixth Circuit Court of Appeals affirmed.
  • Barnes & Thornburg attorneys represented a national home builder in multi-form litigation arising from a joint venture to develop a $1.2 billion residential community in southern Las Vegas, including suits filed in arbitration among the joint venture members and suits filed in federal court and federal bankruptcy court by the lenders. In arbitration, one of the joint venture members sought specific performance of obligations totaling more than $300 million and asked, in the alternative, for more than $300 million in damages. After two weeks of arbitration, the arbitration panel rejected the claim for specific performance and rejected nearly all of the damages claim. The lenders’ claims were ultimately resolved favorably.
  • Barnes & Thornburg attorneys represented a national residential real estate brokerage firm in a class action seeking $15 million in damages for alleged RESPA violations related to purported receipt of unlawful kickbacks in the real estate settlement process. Achieved favorable pre-trial resolution of claims.
  • Barnes & Thornburg attorneys represented a national residential real estate brokerage firm in a consent action in connection with a larger class action matter involving claims of $15 million in damages for alleged Real Estate Settlement Procedures Act (RESPA) violations related to purported receipt of unlawful kickbacks in the real estate settlement process. The matter was successfully settled.
  • Barnes & Thornburg attorneys represented a publicly traded REIT in the Business Court in Raleigh, North Carolina. The court entered an order in favor of firm client dismissing an approximate $7 million claim against our client alleging tortious interference with prospective economic advantage. The REIT and a neighboring landowner had entered into an agreement regarding the sharing of costs to construct a roadway project adjacent to their respective properties. The neighboring landowner and its principals alleged that our client tortiously interfered with their prospective joint venture with a third party by breaching the roadway development contract. Our client’s argument addressed an unsettled issue under North Carolina law as to whether the REIT had "induced" the third party to abandon the proposed joint venture. The court agreed with our client, holding that the element of having "induced" an interference requires more specific proof than simple causation, as the claimants had argued. In so holding, the court stated that the claimants' position "would make every contracting party potentially liable for the types of damages available for intentional torts . . . whenever the failure to fulfill a contract for any reason caused" the loss of a prospective business opportunity. The ruling could be precedent-setting in many states given the absence of clear precedent on what must be pleaded and proven to establish an interference.
  • Barnes & Thornburg attorneys serve as Indiana counsel in defense of a leading automotive manufacturer involved in multi-district litigation resulting from consumer class actions alleging incidents of unintended acceleration. Complaints include allegations of breach of implied warranty, breach of express warranty, unjust enrichment, constructive fraud, negligence, and product liability.
  • Represented officer of a national telecommunications company, in SEC investigation and against multi-million dollar federal and state securities fraud, RICO and related fraud-based civil claims in lawsuits filed in multiple state and federal jurisdiction across the country, including Colorado, Florida and Illinois. Obtained complete dismissal with prejudice and award of attorney fees from in federal lawsuit, which was affirmed on appeal, based on the statute of limitations and failure to state a claim; obtained dismissal of federal securities claims in two other federal lawsuits based on the Private Securities Litigation Reform Act; obtained voluntary dismissal in state action after motion to dismiss for lack of personal jurisdiction; and otherwise obtained favorable pre-trial resolutions on remaining claims and cases.

    Shriners Hospitals for Children v. Qwest Communs. Int’l, Inc., 2005 U.S. Dist. LEXIS 40044 (D. Colo. Sept. 23, 2005); Teachers Ret. Sys. of La. v. Qwest Communs. Int’l, Inc., 2005 U.S. Dist. LEXIS 44756 (D. Colo. Sept. 23, 2005); Rogers v. Nacchio, 241 Fed. Appx. 602 (11th Cir. 2007); State Universities Retirement System, et al. v. Qwest Comms, Inc., Cause No. 03-CH-508(Circuit Court of Cook County, Illinois).
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