Marc T. Quigley

Marc Quigley’s practice is devoted to a wide range of commercial litigation matters. A significant part of his practice is devoted to the defense of national manufacturers in product liability cases. Mr. Quigley also dedicates a substantial amount of his work to representing financial institutions in a variety of matters including lender liability, negotiable instrument law, forgery and conversion. Mr. Quigley frequently litigates cases involving issues of negligence, breach of contract, misappropriation of trade secrets, breach of fiduciary duty, fraud, conversion, covenants not to compete, shareholder disputes, preliminary injunctions and administrative law disputes.

Many of Mr. Quigley’s cases relate to the manufacturing, automotive, construction, real estate, and health care industries. Mr. Quigley has handled numerous commercial eviction matters. Mr. Quigley represents clients both in federal and state courts. He has first chair trial experience and has been involved in several multi-million dollar litigation cases which were presented to arbitration panels. Mr. Quigley was a member of the defense team of a multi-district litigation (MDL) transferred to Indianapolis, which involved numerous class action claims and over eight hundred personal injury and wrongful death claims brought by plaintiffs from around the country.  Mr. Quigley has handled several appeals before the Indiana Supreme Court, Indiana Court of Appeals and the Seventh Circuit Court of Appeals and has presented oral argument to the Indiana Supreme Court. Prior to entering the practice of law, Mr. Quigley served as a computer analyst with the largest consulting firm in the United States where he specialized in Change Management Consulting.

Representative Experience

• Indiana counsel for several national manufacturers of products including tires, roofing materials, heavy duty chassis, and automobiles. Representation has included successful defense of product liability, negligence, breach of warranty, Magnuson Moss and lemon law claims.
• Lead counsel in cases for national banks involving claims of check forgery, conversion and breach of duties. Secured dispositive motions on Uniform Commercial Code claims. Successfully represented banks on appeal before the Indiana Court of Appeals and Indiana Supreme Court.
• Lead counsel in numerous litigation matters involving closely-held businesses. Mr. Quigley’s experience has included the successful representation of companies, majority shareholders and minority shareholders.
• Lead counsel for state agency in multiple cases brought by disappointed bidders who were not awarded state contracts. Involved preliminary injunction proceedings and motion practice on complex issues of administrative law, Medicaid law, governmental discretion in contracting, and availability of private rights of action under various state and federal statutes. Prevailed on motions to dismiss with prejudice in each case.
• Lead counsel in numerous arbitrations across the country involving claims of breach of contract, breach of warranty, and breach of fiduciary duty.
• Lead counsel in multi-million dollar restrictive covenant real estate dispute.
• Lead counsel in obtaining and defending temporary restraining orders and preliminary injunctions on disclosure of trade secrets and covenant not to compete claims.
• Drafted warranties for multiple product lines for national manufacturer of aeronautical products.
• Served as local counsel on multiple matters in state and federal courts for out of state clients and counsel.

Counsel of record include the following:

• Bridgestone Americas Holding, Inc., et al. v. Mayberry, 878 N.E.2d 189 (Ind. 2007) (Indiana Supreme Court established new law for the protection of trade secrets from disclosure during the discovery process)
• Auto-Owners Ins. Co. v. Bank One, 852 N.E.2d 604, 612 (Ind. Ct. App. 2006), aff’d, 879 N.E.2d 1086 (Ind. 2008) (established new law regarding Uniform Commercial Code and negotiable instruments)
• Bank One, Nat. Ass'n v. Surber, 899 N.E.2d 693 (Ind. Ct. App. 2009)
• Molina Healthcare of Indiana, Inc. v. Henderson, 2006 WL 3518269 (S.D. Ind. Dec. 4, 2006)
• Cedar Run Ltd., Inc. v. Meijer Stores Ltd. Partnership, 2005 WL 1606926 (S.D. Ind. July 6, 2005) (No. 1:04-CV-519-LJM-WTL)
• Bank One, N.A. v. Streeter, 2005 WL 1653936, 58 UCC Rep.Serv.2d 1 (N.D. Ind. July 7, 2005) (No. 2:04-CV-139)

Education

• Indiana University School of Law - Bloomington, Indiana (J.D., cum laude, 1998) Sherman Minton Moot Court Board
• Indiana University, Bloomington, Indiana (B.A., Highest Distinction, 1993)

Bar Admissions

• Indiana, 1998
• U.S. District Court for the Northern District of Indiana, 1998
• U.S. District Court for the Southern District of Indiana, 1998

Professional Associations

• The Villages, 2009 – Present (Board of Directors, Executive Committee)
• Prevent Child Abuse Indiana, 2005 – 2008 (Board of Directors, Executive Committee)
• American Bar Association (Member)
• Indiana Bar Association (Member)
• Indianapolis Bar Association (Member)
• Protective Order Pro Bono Project of Greater Indianapolis, Inc. (Volunteer)

Awards and Recognitions

• Indiana Super Lawyers Rising Stars, 2009-2011

Seminars and Presentations

• "Litigating Banking Law Issues", Banking Law and Regulation (ICLEF), 2010
• "Commercial Lease Issues in Financially Challenging Times", BOMA Indianapolis Annual Seminar Series, 2010
• Various lectures on employment law matters, including the Indiana Wage Act, the Fair Labor Standards Act, and Title VII
• Multiple lectures on commercial evictions and landlord's rights
• Multiple lectures on mechanic's liens

Publications

• "Lender Liability Litigation and Tips to Avoid Being Sued", Hoosier Banker, September 2010
• Author of the Product Liability Desk Reference, Indiana Chapter, Aspen Publishing
• Author of the Business Torts Desk Reference, Indiana Chapter, Aspen Publishing