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OVERVIEW

Kyle W. LeClere
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-6475

F 317-231-7433

OVERVIEW

Kyle W. LeClere
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-6475

F 317-231-7433

With a practice that is national in scope, Kyle LeClere defends major product liability and commercial litigation. He has represented well-known brands, often serving as the point person for the national defense and trial team responsible for extensive litigation portfolios involving products such as paints, inks and home appliances, and claims such as chemical exposure and design/manufacturing defects.

OVERVIEW

Kyle W. LeClere Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P : 317-231-6475

With a practice that is national in scope, Kyle LeClere defends major product liability and commercial litigation. He has represented well-known brands, often serving as the point person for the national defense and trial team responsible for extensive litigation portfolios involving products such as paints, inks and home appliances, and claims such as chemical exposure and design/manufacturing defects.

Kyle focuses on the resolution and litigation of commercial disputes, product liability defense and toxic tort actions. He represents Fortune 500 and other businesses and governmental entities in a variety of civil litigation matters involving personal injury and property damage claims, substantial service contracts and non-competition agreements.

Kyle’s experience extends to virtually all stages of the judicial process, having litigated cases both regionally and nationally from pre-lawsuit negotiations through trial. His trial experience extends from small claims matters to a $1.4 billion contract dispute.

Outside of the product liability and tort realm, Kyle also represents financial institutions, including banks, lenders and mortgage companies, in serious disputes involving The Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA), as well as borrower defaults, breach of contract, fraud and misrepresentation claims. In addition, Kyle represents dentists and doctors with privately owned practices, advising them on various small-business matters, including healthcare, transactional and employment issues.

While in law school, Kyle served as an intern for the Honorable Magistrate Judge Tim A. Baker of the U.S. District Court for the Southern District of Indiana.

Appreciated by clients and colleagues alike for his ability to manage extensive litigation portfolios with claims across the country, Kyle’s focus on designing streamlined strategies that benefit his client’s position, coupled with aggressive defense tactics, make him a resource at the firm for even the most challenging disputes.

Professional and Community Involvement

Member, Indiana State Bar Association

Member, Indianapolis Bar Association

Honors

Indiana Super Lawyers Rising Stars, 2014-2019

EXPERIENCE
  • Barnes & Thornburg attorneys defended The Valspar Corporation in a case brought by an over-the-road trucker who alleged he developed Reactive Airways Dysfunction Syndrome (RADS) when exposed to fumes from our client’s paint product, which leaked from 55-gallon drums plaintiff was hauling. The defendant proved that the steel drums had been reconditioned by a third-party, which had marked the drum according to its specification under the Department of Transportation’s (DOT) Hazardous Materials Regulations (HMR) implementing the federal Hazardous Materials Transportation Act (HMTA). Granting Valspar’s motion for summary judgment, the Court found, that the defendant was “entitled to rely on the reconditioner’s mark when it accepted the drum in question and is not ultimately liable for any potential defects attributable to the reconditioner.” The Court held that the HMTA preempted all of Plaintiff’s claims. This case could set a precedent for future cases as it addressed and affirmed the preemptive effect of a shipper’s federal right to rely on the DOT specification markings on an allegedly defective container supplied by a third party. Plaintiff has appealed to the U.S. Court of Appeals for the Seventh Circuit. The decision is reported at Noffsinger v. The Valspar Corp., 2014 WL 3705176 (N.D. Ill. July 24, 2014).
  • 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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