Scott S. Morrisson

Mr. Morrisson's main area of practice is civil litigation and litigation avoidance involving a wide range of civil litigation matters. Particular areas of focus include employment, insurance, business, corporate, commercial, trademark, and tort litigation. Mr. Morrisson's practice also focuses on arbitration and mediation. Mr. Morrisson has served as lead counsel on numerous jury trials, bench trials, preliminary injunction hearings, court hearings, and arbitrations in the state and federal courts of Indiana and throughout the country. Mr. Morrisson served as the Litigation Practice Group Chair for Krieg DeVault from 2007 to 2012.

Representative Experience

• Lead counsel for Indiana company sued in Oklahoma federal court obtaining the dismissal of claims for bad faith, fraud, misrepresentation, and RICO, affirmed on appeal by the Tenth Circuit Court of Appeals. Lundahl v. Pennsylvania Manufacturers Association Insurance Co., 440 Fed. Appx. 629, 2011 WL 4537733 (10th Cir. 2011).
• Lead counsel representing a Danish national company sued in Indiana state court for claims of breach of contract, breach of fiduciary duty, tortious interference, and misappropriation of trade secrets under Indiana and European law, among other claims, obtaining the dismissal of all such claims based on comity and jurisdictional reasons. Brightpoint, Inc. v. Pedersen, 930 N.E. 2d 34 (Ind. App. 2010).
• Lead counsel representing out-of-state corporate and individual plaintiffs against Indiana corporate defendants involving allegations of fraud, conversion, and breach of contract, resulting in a $1 million plus settlement following multiple mediation conferences without the filing of a lawsuit (2010).
• Co-lead counsel in trademark infringement case in Michigan federal court involving complex claims of trademark infringement, unfair competition, and false advertisement involving nationally known products, culminating in a confidential resolution following significant nationwide discovery, considerable motion practice, and the granting of a preliminary injunction in favor of client (2009).
• Lead counsel to trial and/or through preliminary injunction phase in numerous covenant not to compete, trade secret, non-solicitation, and related issue cases for plaintiffs and defendants with successful results through the Indiana Court of Appeals, including the frequently cited decision of Titus v. Rheitone, Inc., 758 N.E.2d 85 (Ind. App. 2001).
• Lead counsel obtaining preliminary injunction for Indiana accounting firm against departing employees and business involving claims of conversion, theft, breach of fiduciary duty, breach of contract, and related claims (2010).
• Lead counsel in Indiana federal court lawsuit obtaining the recovery of over $3 million for the sellers of a business involving claims of breach of contract, breach of warranty, fraud, and fraud in the inducement of the contract (2008).
• Lead counsel to resolution of numerous related state and federal Indiana lawsuits on behalf of a national title insurer stemming from the largest commercial bankruptcy and fraud by an Indiana home builder in Indiana state history, involving multiple legal theories and title issues with millions of dollars at issue. Successful defense includes First Internet Bank of Indiana v. Lawyers Title Insurance Co., 2009 U.S. Dist. Lexis 59673 (S. D. Ind. July 13, 2009).
• Lead counsel to numerous employers in multiple industries in federal and state courts in Indiana and throughout the country culminating in settlement, summary judgment, or trial, of Title VII discrimination, wrongful discharge, retaliation, Americans with Disabilities Act, Age Discrimination in Employment Act Commission, wage, bullying, and multiple other employment claims, for example, Smith v Lafayette Bank & Trust, 2010 WL 3894167 (N.D. Ind. 2010).
• Lead counsel defending three Indiana state court lawsuits for breach of family trusts, wrongful termination, and dissenter's rights litigation following the sale of a closely-held Indiana chartered bank with millions of dollars at issue, ultimately resolved by negotiated comprehensive settlement agreement (2006).
• Co-lead counsel in Massachusetts federal court jury trial of the nationally news reported breach of contract case of Shawn Kemp v. Reebok, Inc. (2001).
• Lead counsel for mall owner and developer in a two-week jury trial involving claims of parking lot and roadway design defects with stipulated personal injury damages of $4.6 million (2001).
• Co-lead counsel in Indiana state court lawsuit representing a beverage distributor involving state statutory analysis and constitutional arguments culminating in Little Beverage Co. v. DePrez, 777 N.E.2d 74 (Ind. App. 2003).
• Lead counsel in Indiana state court lawsuit for unpaid commissions, fraud, and breach of contract claims against Indiana corporate defendant, resulting in successful resolution one day short of trial (2005).
• Lead counsel in various Indiana state court eminent domain and condemnation cases, including to trial to jury, representing various commercial and private owners.
• Lead counsel in federal and state lawsuits regarding claims for long-term disability benefits for both plaintiffs and defendants concerning self-funded and group insurance plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) and related claims.
• Counsel in Indiana state court jury trial involving products liability and breach of warranty claims resulting in a $755,000 verdict affirmed on appeal in the frequently-cited decision of Harlan Sprague Dawley, Inc. v. S.E. Lab, Inc., 644 N.E.2d 615 (Ind. App. 1994).
• Mr. Morrisson handled earlier in his career and tried to a jury, court, arbitrated or settled hundreds of cases representing defendants defending personal injury claims, including product defect, automobile, premises liability, wrongful death, etc., through appeal such as Dee v. Becker, 636 N.E.2d 176 (Ind. App. 1994). Mr. Morrisson has also represented injured plantiffs with such claims, including recovery in an Indiana state court jury trial of $800,000.
• Lead or co-lead counsel in numerous arbitrations throughout Indiana and the United States involving claims of breach of contract, corporate valuation, life insurance, actuarial principles, reinsurance, employment, termination of distributorships, franchise law, personal injury, etc.
• Unique counsel in niche area representing insureds with residential and commercial fire loss claims against their insurance companies. Representation has included nationally-known celebrities.
• Frequently represents numerous individuals and employers in negotiating, drafting, and evaluating Employment Agreements and related agreements.

Education

• Indiana University Robert H. McKinney School of Law in Indianapolis, Indiana (J.D., cum laude, 1987)
• Hanover College, Hanover, Indiana (B.A., With Distinction, 1984)

Bar Admissions

• Indiana, 1987
• U.S. District Court for the Northern District of Indiana, 2003
• U.S. District Court for the Southern District of Indiana, 1987
• U.S. Court of Appeals 7th Circuit, 1990

Professional Associations

• Indianapolis Bar Association (Member); Young Lawyers Division Chairman (1990)
• Indiana State Bar Association (Member)
• American Bar Association (Member)
• Defense Research Institute (Member)
• Seventh Circuit Bar Association (Member)
• Indiana Certified Mediator, 1992 - present
• Carmel Dads' Club, Inc. (Current Board Member)
• Carmel Baseball Backers, Inc. (President, 2010-2011)
• Carmel Young Life (Current Board Member)
• Autism Education and Training Center, Inc. (Current Board Member)
• Carmel Lutheran Church, Pro Bono Counsel
• Woodland Country Club (Member)
• Active in various other school, sport, and civic charitable organizations

Awards and Recognitions

• Distinguished Fellow, Indianapolis Bar Foundation, 2002 - Present
• Indiana Super Lawyers, 2009-2012
• AV Preeminent Rated Attorney (Martindale Hubbell)
• Indiana appointed Surrogate Attorney

Seminars and Presentations

• Adjunct Professor at Valparaiso School of Law, Covenant Not to Compete law (2001 to present)
• “Civil Settlement and Litigation Negotiation Strategies,” 2011
• “How to Handle and Represent a Client in a Residential or Commercial Fire Loss Claim,” 2011
• “Civil Arbitration,” 2007
• “Tricks of the Trade: Advanced Methods to Win or Lose a Covenant Not to Compete Case,” 2006
• “Drafting, Revising and Litigating Your Client's Employee Handbook,” 2005
• “How to Handle a Fire Loss Claim,” 2003
• “Indiana Personnel Law Update, Sexual Harassment,” 2003
• “Business Litigation in Indiana,” 2002
• “Indiana Advanced Litigation Skills for Paralegals,” 2001
• “Bad Faith Litigation in Indiana,” 2001
• “Mediation, Arbitration, and Negotiation Skills for Attorneys,” 1997
• “Top Ten Tips, State Court Motion Practice,” Indianapolis Bar Association, 1995 - 2000
• Butler University, Business Law, Adjunct Professor, 1990

Publications

• “Consider Binding Arbitration to Resolve Your Next Dispute,” Res Gestae, Vol. 40, No. 11, 1997