Cases

The following list represents a sample of the reported cases involving Lewis & Kappes attorneys:


Dewart v. Haab , 849 N.E.2d 693 (Ind. App. 2006) (represented owners of record; secured reversal of adverse possession judgment where claimants did not pay taxes on the property)

State ex rel. Indiana State Bar Association v. Diaz , 838 N.E.2d 433 (Ind. 2005) (represented Indiana State Bar Association; secured ruling against non-lawyer that engaged in unauthorized practice of law by providing services to immigration clients as a "notorio publico")

Scottish Rite of Indianapolis Foundation, Inc. v. Adams , 834 N.E.2d 1024 (Ind. App. 2005) (represented Scottish Rite Foundation; secured reversal of judgment allowing life tenant to compel sale of property over objection of owner of remainder interest)

Fraley v. Minger, 829 N.E.2d 476 (Ind. 2005) (represented owners of record; secured reversal of adverse possession judgment where claimants did not pay taxes on property, in decision that reformulated elements of adverse possession in Indiana and disapproved a line of cases that did not enforce tax payment requirement)

City of North Vernon v. Jennings Northwest Regional Utilities, 829 N.E.2d 1 (Ind. 2005) (represented Indiana Association of Cities and Towns and the Indiana Municipal Lawyers Association as amici in support of the City in a dispute over sewer utility territories between the City and the regional district; the Indiana Supreme Court overturned the trial court decision and ruled in favor of the City, noting with approval an argument by amici).

Northern Indiana Public Service Co. v. Office of Utility Consumer Counselor,
826 N.E.2d 112 (Ind. App. 2005) (represented Ispat Inland, Praxair, United States Steel and Cargill; secured affirmance of order denying utility's request to defer $3.5 million in annual costs for later collection through electric rates)

Lifestream Diagnostics, Inc. v. Polymer Technology Systems, Inc ., 109 Fed. Appx. 411 (Fed. Cir. 2004) (unpublished) (represented officer of alleged infringer; secured affirmance of construction of patent claims establishing non-infringement of patent on blood test strip technology)

United States Gypsum Co. v. Indiana Gas Co.,
350 F.3d 623 (7th Cir. 2003) (represented United States Gypsum; secured reversal of order dismissing antitrust claims against gas utility and its unregulated marketing affiliate)

Midwest Gas Services, Inc. v. Indiana Gas Co.,
317 F.3d 703 (7th Cir.), cert. denied, 540 U.S. 817 (2003) (represented Midwest Gas; secured partial reversal of order dismissing antitrust claims against gas utility)

Citizens Action Coalition v. Northern Indiana Public Service Co.,
796 N.E.2d 1264 (Ind. App. 2003), transfer denied, 812N.E2d 799 (Ind. 2004). (represented Central Soya, Ispat Inland and Unilever; secured affirmance of order approving settlement that provided $225 million in rate relief over a 49-month period)

Midwestern Gas Transmission Co. v. McCarty,
270 F.3d 536 (7th Cir. 2001), cert. denied, 535 U.S. 1053 (2002) (represented Scepter, Inc. as amicus curiae; established that state agency lacked authority to interfere with bypass of local gas utility through direct connection to interstate pipeline)

Candlelight Properties, LLC v. MHC Operating Limited Partnership,
750 N.E.2d 1 (Ind. App.), transfer dismissed, 761 N.E.2d 420 (Ind. 2001) (represented Candlelight; secured reversal of judgment upholding exercise of real estate option)

Indiana Gas Co. v. Office of Utility Consumer Counselor,
675 N.E.2d 739 (Ind. App.), transfer denied, 690 N.E.2d 1180 (Ind. 1997) (represented Central Soya, Haynes International, National Starch, Slater Steels and USX as amici curiae; secured affirmance of order denying rate recovery of costs associated with environmental clean-up of utility sites no longer used to provide service)

Mapleturn Utilities, Inc. v. Foxcliff South Associates, Inc.,
673 N.E.2d 5 (Ind. App. 1996) (represented Mapleturn; secured reversal of order granting summary judgment for developer demanding payments from consumer-owned utility, with instructions instead to grant summary judgment for utility)

Citizens Action Coalition v. PSI Energy, Inc.,
664 N.E.2d 401 (Ind. App. 1996) (represented Alcan, Cummins Engine, General Motors, Haynes International, Knauf Fiber Glass, A.E. Staley and Weston Paper; established right to recovery of legal expenses associated with proceedings that led to $150 million rate refund by electric utility)

Knox County Rural Electric Membership Corp. v. PSI Energy, Inc.,
663 N.E.2d 182 (Ind. App. 1996) (represented Black Beauty Coal Company; established right of consumer to distribute electricity throughout mining operation notwithstanding service territory boundaries of electric utilities)

General Motors Corp. v. Indianapolis Power & Light Co.,
654 N.E.2d 752 (Ind. App. 1995) (represented General Motors and Central Soya; struck down statute favoring utility's use of in-state resources as unconstitutional burden on interstate commerce)

Airco Industrial Gases v. Indiana Michigan Power Co.,
614 N.E.2d 951 (Ind. App. 1993) (represented Airco, Slater Steels and Liquid Carbonics; established right to customer refunds where electric utility filed tariff that deviated from terms of underlying rate order)

Indiana Utility Regulatory Commission v. Gary Joint Venture,
609 N.E.2d 7 (Ind. App. 1993) (represented Lane Bryant, The Limited, Lerner of New York, Victoria's Secret and Express; established authority of agency to regulate resale of electricity by mall owners to retail tenants)