Linda J. Cooley

Linda Cooley joined Krieg DeVault LLP in 1994 and divides her practice between Litigation and Labor and Employment Law. Ms. Cooley’s practice focuses upon business and commercial litigation, employment law, and appellate law. She represents clients in state and federal courts, including the Seventh Circuit Court of Appeals and the United States Supreme Court, and before various federal, state, and local administrative bodies. Ms. Cooley has prosecuted and defended clients before arbitration panels of the National Association of Securities Dealers.

Ms. Cooley's representative litigation experiences include prosecuting and defending breach of contract claims; defense of lender liability suits including bank participations and banking statutory and regulatory violations; MEPPA liability; shareholder derivative actions; and products liability defense. As an experienced appellate counsel, Ms. Cooley also manages litigation with an eye towards developing a record useful in seeking dispositive rulings, marshalling evidence for trial, and setting the stage for successful appeals. Ms. Cooley also guides clients through alternate dispute resolution and mediation procedures.

Ms. Cooley’s experience in employment law includes litigating cases in federal and state courts on issues including Title VII, ADA, ADEA, FMLA, FLSA, OSHA, Sarbanes-Oxley, and Restrictive Covenants, defending clients before city and county EEOC agencies, and advising companies on developing personnel policies and handbooks, terminating employees, and FMLA issues. Ms. Cooley also successfully resolved a recent class action suit based on alleged FLSA and state law wage violations.

Prior to joining Krieg DeVault LLP, Ms. Cooley was a law clerk to the Honorable Patrick D. Sullivan, Indiana Court of Appeals. She also was the Director of Fine Arts and an instrumental music teacher for Marion Community Schools. Ms. Cooley is the Chair of Krieg DeVault's Labor and Employment Law Practice Group and has been the Chair of the firm's Diversity Committee since 2002.

Representative Experience

• Defeated a multi-million dollar multi-employer pension liability claim and obtained affirmance of the dismissal before the Seventh Circuit Court of Appeals 
• First chair defense of multi-million dollar suit in bank participation case, achieving settlement prior to trial
• Successfully defended shareholder derivative suit filed under Ind. Code 23-1-32
• Defeated claims of bank negligence and statutory check processing violations by successful summary judgment
• Represented broker-dealers and affiliated associates before arbitration panels of the National Association of Securities Dealers
• Efficiently and successfully represented multiple employers in state and federal courts with commercial litigation and employment-related lawsuits, including resolution of FLSA class actions
• Secured dismissals or settlements on behalf of employers in numerous EEOC charges and complaints brought before state and local human relations commissions
• Successfully defended a retaliation in employment claim filed under the Sarbanes-Oxley Act 
• Primary author of Brief of Amicus Curiae in the case of Kelley v. Tanoos filed with the Indiana Supreme Court addressing school interaction with law enforcement on school safety issues
• Counsel of record in Torres v. Indiana Family and Social Services Administration, 905 N.E.2d 24 (Ind. Ct. App. 2009), a case of first impression upholding the issuance of a Workplace Violence Restraining Order on behalf of an employer 

Education

• Indiana University Robert H. McKinney School of Law in Indianapolis, Indiana (J.D., cum laude, 1992)
  • Indiana Law Review (1991-1992)
  • Order of the Barristers (1992)
  • Moot Court Society (1992)
• Ball State University, Muncie, Indiana (M.A. in Educational Administration, 1980)
• Taylor University, Upland, Indiana (B.S. in Education, 1974)

Bar Admissions

• Indiana Supreme Court, 1992
• U.S. District Court for the Northern District of Indiana, 1992
• U.S. District Court for the Southern District of Indiana, 1992
• U.S. Supreme Court, 2001

Professional Associations

• American Bar Association, 1994 - Present (Member)
• Indiana State Bar Association, 1994 - Present (Member)
• Indianapolis Bar Association, 1994 - Present (Member)
• Indiana Chamber of Commerce, 2010 - Present (Member - Employment Law Policy committee)
• Indiana Legal Foundation, 2011 - Present (Member - Legal Advisory committee)
• Mental Health Association, 1996 - Present (Pro Bono Guardianships)
• Girls Incorporated of Indianapolis, 1999 – 2005
• College Mentors for Kids, 2000 (Pro Bono H.R. Assistance)
• Breast Health Awareness League, 1994 - 1997 (Pro Bono Assistance with non-profit incorporation)

Awards and Recognitions

• Indiana Super Lawyers, 2004, 2009-2012
• Indiana State Bar Association, Litigation Section- Civility Award

Seminars and Presentations

• Lender Liability:  Theories of Liability, Case Law and Litigation Considerations
• Social Media in The Workplace - Blessing or Curse?
• Sexual and Racial Harassment and Gender Equity
• FMLA Basics and Supervisor Liability
• Drafting, Revising and Litigating Your Client’s Employee Handbook
• The New Patient Privacy Challenge: Where Breach Notification, HIPAA & HR Meet
• Mental Health and the Law – Duty to Warn