Nick is a trial lawyer who concentrates his practice in product liability and commercial litigation. He is national lead trial counsel for several manufacturers, and defends agricultural, construction, industrial and mining equipment, aircraft, automobiles, hand and power tools, and other consumer products. He represents clients in lawsuits in state and federal courts throughout the United States and has tried cases to successful defense verdicts in Alabama, Indiana, Iowa, Kentucky, South Dakota and Wisconsin. Nick has also argued appeals at the Indiana Court of Appeals, Indiana Supreme Court, Arkansas Court of Appeals, and Sixth Circuit Court of Appeals.
Nick is honored to have recently been approved as qualified to become a Fellow of the American College of Trial Lawyers. He is scheduled to be inducted as a Fellow at the Fall, 2020 meeting. Fellowship in the College is by invitation only and is limited to one percent of lawyers in each state, as determined by judges and peers.
Nick is active in DRI – The Voice of the Defense Bar, where he has held several leadership positions, including Chair of the Product Liability Committee, which is DRI’s largest substantive law committee and has over 3,300 members. Nick has also held several Frost Brown Todd leadership positions, including Chair of the Product Liability Practice Group. Nick is currently in his third term on the Firm’s Compensation Committee.
When Nick is not practicing law, he enjoys weight-lifting, hiking national parks with his wife of twenty-eight years, Tracy, and cheering for the Notre Dame Fighting Irish. He also actually enjoys yard work, and he loves using power tools.
Lemler v. CNH Industrial America LLC – Won summary judgement on the economic loss doctrine, and successfully briefed and argued at the Indiana Court of Appeals, resulting in only the third court in the country finding that a combine header is not “other property” for purposes of the Economic Loss Doctrine. Read the Lemler opinion here, and see the oral argument here.
Smith v. Joy Mining Technologies – Successfully defended Joy in federal court in London Kentucky in a product liability case involving a below the knee leg amputation. The jury returned a unanimous verdict of no liability on both design defect and failure to warn claims. Successfully argued appeal at the 6th Circuit Court of Appeals, which unanimously affirmed the district court’s ruling in Joy’s favor. Read more about the decision here.
Otieno v. Rolls Royce Corporation, et. al Represented helicopter engine manufacturer in a wrongful death case at trial court, Indiana Court of Appeals, and Indiana Supreme Court. Writing for the first time on the issue of forum non conveniens, the Supreme Court affirmed the trial court’s order of dismissal in favor of the defendants.
Roebuck v. CNH America LLC Lead Trial and Appellate counsel in product liability wrongful death case in Alabama State Court that resulted in defense verdict and unanimous ruling for CNH by the Alabama Supreme Court.
Barnard v. Saturn Defended General Motors at the trial court and Court of Appeals, wherein the Indiana Court of Appeals affirmed summary judgment for GM, and for the first time, recognized the application of comparative fault in product liability enhanced injury case.
Indiana University Maurer School of Law, J.D., 1991, cum laude
University of Notre Dame, B.A., 1988, double major, Accounting and Philosophy
State of Indiana
United States District Court for the Southern District of Indiana
United States District Court for the Northern District of Indiana
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Ninth Circuit
American College of Trial Lawyers – approved as qualified to become a Fellow of the American College of Trial Lawyers, and scheduled to be inducted as a Fellow at the Fall, 2020 meeting.
BTI Client Service All-Star, Product Liability, 2016, 2018
DRI 2012 Product Liability Conference Chair
Chambers USA, Commercial Litigation, 2013-2018
Defense Lawyer of the Year, Defense Trial Counsel of Indiana, 2010
Selected for inclusion in Indiana Super Lawyers® 2011-2018
AV® Rated, Martindale-Hubbell®
The Best Lawyers in America©, 2010-2019
DRI The Voice of the Defense Bar – Past Chair of Defense Research Institute’s Product Liability Committee; previous positions include Membership Committee; Agricultural, Construction, Mining and Industrial Equipment (ACMIE) Specialized Litigation Group Chair, ACMIE Newsletter Editor
Defense Trial Counsel of Indiana
Indianapolis Bar Association (IBA), IBA Bar Leader Series Steering Committee Member
Indianapolis Bar Foundation, Distinguished Fellow; Vice President of the Board of Directors
Holy Trinity Greek Orthodox Church, Past Parish Council Treasurer, Vice President and President, Member of Building Steering Committee, Sunday school teacher
Spring Knoll Property Owner’s Association, past Board Member and President
Homeless Legal Services Project, Volunteer
Kid’s Voice, Volunteer Guardian ad Litem
Merciful Help Center Food Bank Volunteer
“Lessons from Lincoln: What Every Practicing Lawyer can Learn from Abraham Lincoln,” DRI Product Liability Conference, National Harbor, Maryland, and Trial.com Litigation Management Seminar, New York, New York
“Top 10 ACMIE Cases,” DRI Product Liability Conference, New Orleans, Louisiana
“Discovery and the In-House Expert: Are Two Hats Better Than One?,” DRI Product Liability Seminar, Las Vegas, Nevada
Lorman Educational Services, Expert Witness Seminar, Indianapolis, Indiana
“Getting the ATLA Package: Discovery of Litigation Clearinghouse Materials,” DRI Product Liability Seminar, Las Vegas, Nevada
“Cargo Loss Claims in the U.S.,” The Harmonie Group, Transportation & Trucking Seminar, Toronto, Canada and Chicago, Illinois
“Discovery of Documents Obtained from Litigation Clearinghouses: It’s Not Work Product Anymore,” For the Defense
“GCs Name Favorite Product Liability Attorneys,” Law360, 2016. Read the full article here.