Joseph C. Chapelle

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. An Indianapolis association of condominium owners achieved a favorable settlement in a case involving construction defect claims against the original constructor and the developer and others involved in the construction. The association spent millions of dollars to renovate and remediate the original construction of the building, which among other issues, was constructed without proper weatherproofing. Barnes & Thornburg attorneys obtained reversal of order, dismissing case for lack of personal jurisdiction in a commercial dispute regarding unlawful debts from a bank account by two casinos. Barnes & Thornburg attorneys represented the Indiana Department of Transportation (INDOT) in a case prevailing against Monroe County, Indiana. The county enacted a "noise ordinance" aimed at an INDOT contractor working on the I-69 extension through Monroe County. The ordinance could have halted night work and resulted in approximately $10 million in additional costs to the state due to completion delays. After a hearing lasting several hours, the client secured a preliminary injunction against enforcement of the ordinance before Judge David Dreyer in Marion Superior Court. Following the court's decision, the Monroe County Commissioners amended their ordinance to exempt state agencies and their contractors, essentially mooting the INDOT lawsuit. Defended a county government against charges of violating the Religious Land Use and Institutionalized Persons Act. Defended a small business against a non-competition agreement in federal district court, handling a one-day bench trial resulting in dissolution of temporary restraining order and payment of damages to the client. Defended client in three-week trial involving tortious interference with contract, resulting in favorable settlement. Handled a number of matters for clients before the United States Consumer Products Safety Commission. Represented the State of Indiana Alcohol Tobacco Commission in challenge to its authority to regulate illegal gaming of a license. This lawsuit dealt with a dispute over an asset purchase agreement between Maryland parties relating to a Maryland race track. As a lawsuit in Maryland was approaching trial, Centaur Rosecraft filed a lawsuit in Indiana, and obtained a preliminary injunction from the Indiana trial court forbidding the parties to take action in the Maryland lawsuit. Representing Cloverleaf Enterprises, Barnes & Thornburg appealed the preliminary injunction. The Indiana Court of Appeals reversed, and Centaur Rosecroft then abandoned the lawsuit. The appellate opinion is the leading case in Indiana on the standard for enjoining parties from litigating in another state. Cloverleaf Enters. v. Centaur Rosecroft, LLC, 815 N.E.2d 513 (Ind. Ct. App. 2004).