James O. Giffin Associate

Representative Cases

Insurance Defense:

Successfully defended insurer in nine-figure environmental coverage action brought by utility companies, in which Indiana Appellate Courts determined that there was no insurance coverage for the utilities’ defense and indemnity costs, when such costs were incurred because of the utility companies’ failure to comply with the Clean Air Act. Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 785 N.E.2d 586 (Ind. Ct. App. 2003), trans. denied; 865 N.E.2d 571 (Ind. 2007), reh’g denied; 873 N.E.2d 105 (Ind. Ct. App.  2007), trans. denied; 915 N.E.2d 524 (Ind. Ct. App. 2009), reh’g denied, trans. denied.

Civil Litigation:

Presented oral argument to the Indiana Supreme Court on behalf of a golf course owner sued by a person struck and injured by a golf ball during a golf tournament. The Indiana Supreme Court affirmed summary judgment in favor of the golf course owner and held that if the conduct of a sports participant is within the range of ordinary behavior for the activity at issue, it is reasonable as a matter of law and does not constitute a breach of duty. Pfenning v. Lineman, 929 N.E.2d 797 (Ind. 2011); Pfenning v. Lineman, 922 N.E.2d 45 (Ind. Ct. App. 2010).

Medical Malpractice Defense:

Obtained numerous Medical Review Panel opinions favorable to hospital and nursing home clients, frequently resulting in the dismissal of civil claims against clients or providing the basis for summary judgment in their favor. 

Legal Malpractice Defense:

Obtained summary judgment in favor of attorney and law firm alleged to have committed actual and constructive fraud, civil conversion, legal malpractice, and to have violated the Business Opportunity Act.

Successfully defended attorney alleged to have erred in the preparation of wills and trusts for wealthy landholding clients. The underlying claims among the estates, personal representatives, and alleged heirs settled without contribution on behalf of attorney and without the assertion of subsequent claims against attorney.

Obtained dismissal of civil claims for malicious prosecution and fraud asserted against attorney and law firm by former party-opponent.

Obtained dismissals of claims asserted against law firm in the United States District Court and United States Bankruptcy Court for alleged violations of Fair Debt Collection Practices Act and automatic stay pursuant to United States Bankruptcy Code.

Construction:

Successfully defended manufacturer of trusses alleged to have failed, causing the collapse of a building under construction, injuring three workers and permanently impairing a fourth worker.  Claims against manufacturer were dismissed before trial.

Obtained summary judgment in favor of a construction company alleged to have caused an auto accident by owning and failing to supervise a project located adjacent to the scene of the accident.

Obtained summary judgment in favor of subcontractor and against contractor and its surety on subcontractor’s payment claim.

Defended subcontractor on highway construction project against driver who was severely injured after accessing a roadway under construction and traveling over a bridge that had been recently removed.  Obtained summary judgment in favor of subcontractor.

Manufacturing:

Defended manufacturer of bailing machine against a product liability action in which Plaintiff was injured while attempting to remove a paper blockage. District Court granted summary judgment in favor of manufacturer.

Associations

• American Bar Association
• Indiana State Bar Association
• Indianapolis Bar Association
• Defense Trial Counsel of Indiana

Education

• Indiana University Robert H. McKinney School of Law, JD (2004)
• Indiana State University, Bachelor of Science in English, Philosophy Minor (2000)

Bar Admission

• Indiana (2004)
• United States District Court for the Southern District of Indiana (2004)
• United States District Court for the Northern District of Indiana (2004)