Jeffrey D. Stemerick

Jeff focuses his practice on defending clients in complex business, construction, real estate, and environmental litigation at both the trial and appellate level. He has extensive experience providing the full range of litigation services in federal and state court, including pretrial discovery, summary judgment advocacy, trial advocacy, and appellate advocacy. He also has experience representing clients in administrative enforcement proceedings. Jeff is recognized as one of the “Ones to Watch” by Best Lawyers in America® for appellate and commercial litigation and as a rising star by Indiana Super Lawyers for appellate litigation.

Jeff has represented clients in both state and federal court in cases involving a variety of business issues, including real estate litigation, toxic tort litigation, mold litigation, class action litigation, construction disputes, products liability, insurance coverage disputes, misappropriation of trade secrets, breach of contract, business torts, landlord-tenant issues, defamation, and constitutional law. He also has experience with a variety of environmental statutory schemes, including Indiana’s Environmental Legal Action Statute, CERCLA, RCRA, the Clean Air Act, Clean Water Act, and underground storage tank laws.

Litigation

• Defended university in class action litigation brought by students over indoor mold growth in dormitories. Obtained reversal of class certification and entry of summary judgment on appeal in a reported decision.
• Prevailed as first chair trial lawyer representing construction companies during an eight-day bench trial in a large construction dispute.
• Defended prior landowner against claims brought by current landowner under Indiana’s Environmental Legal Action Statute. Case went to bench trial in Marion Superior Court. Argued and prevailed on a Trial Rule 41(B) motion to dismiss at the close of the plaintiff’s evidence. Successfully defended appeal, which resulted in published opinion.
• Briefed, argued, and prevailed on summary judgment motion for employer in Marion Superior Court on claims of defamation and other torts brought by former employee. Successfully defended appeal, which resulted in published opinion.
• Defended employer from disability discrimination claim brought by former employee in Minnesota state court. Obtained summary judgment and defended judgment on appeal.
• Defended developer in judicial review proceedings challenging zoning decisions brought by neighborhood remonstrator. Defended successful ruling in Indiana Court of Appeals. Transfer to the Indiana Supreme Court was denied.
• Briefed, argued, and prevailed on summary judgment motion on professional malpractice claims against engineering firm brought in Marion Superior Court.
• Defended engineering company in breach of contract and negligence claims stemming from a failed retaining wall.
• Defended engineering subcontractor from preconstruction claims related to negligent design.
• Represented manufacturer in declaratory judgment action in federal court seeking insurance coverage for alleged CERCLA liabilities.
• Represented manufacturer in multiple suits alleging property damage due to allegedly defective product.

Representative Decisions

• Indiana University v. Thomas, 167 N.E.3d 724,(Ind. Ct. App. 2021)
• Conn v. BIC Graphic USA Manufacturing Co., No. A18-2112, 2019 WL 4594673 (Minn. Ct. App. Sept. 23, 2019), review denied
• Payne v. Carmel Physician Surgery Center, LLC, No. 18A-CT-1391, 2019 WL 924841 (Ind. Ct. App. Feb. 26, 2019)
• Pflugh v. Indianapolis Historic Preservation Comm’n, 108 N.E.3d 904 (Ind. Ct. App. 2018), trans. denied
• 5200 Keystone Ltd. Realty, LLC v. Filmcraft Laboratories, Inc., 30 N.E.3d 5 (Ind. Ct. App. 2015)
• Ali v. Alliance Home Care, LLC, 53 N.E.3d 420 (Ind. Ct. App. 2016)
  

• Speaker, Indiana Environmental Conference, Environmental Audits, Self-Disclosure, and Environmental Inspections (2015)
• Author, Wisconsin District Court Paves the Way for Apportionment of Harm Under CERCLA in the Seventh Circuit, Environmental Law Insight (2015)
• Speaker, Indy Bar CLE, The Greenhouse Grinch:  EPA’s Proposed Greenhouse Gas Regulations Explained (2014)
• Author, Indiana Challenges EPA Carbon Rules, Environmental Law Insight (2014)
• Speaker, Find it Free and Fast on the Net:  Strategies for Legal Research on the Web, Government Internet Resources:  Federal, State, and Local (2014)
• Author, Court Prevents the EPA from Delaying Rules for Boilers and Incinerators, Environmental Law Insight (2012)
• Author, EPA Issues Final Utility MACT Rule, Environmental Law Insight (2012)
• Author, Summary of CO NAAQS Rule Published August 31, 2011, Environmental Law Insight (2011)
• Author, EPA Finalizes Cross-State Air Pollution Rule, Environmental Law Insight (2011)
• Author, New EPA Rule For Confidential Business Information Reported With Greenhouse Gas Data, Environmental Law Insight (2011)