Joshua D. Hague

Partner
Office: Carmel
jhague@kdlegal.com
p: 317-238-6275
f: 317-636-1507

Josh Hague’s legal practice is focused in the areas of commercial and general litigation with an emphasis on estate and trust litigation. Mr. Hague has extensive experience representing clients in all stages of litigation before trial and appellate courts across the country. He has significant experience representing financial institutions, and other fiduciaries, in claims relating to asset management, trust administration, breach of fiduciary duty, fraud, and financial institution liability.

In addition, Mr. Hague has experience in a wide range of employment litigation matters, including negligence, internal investigations, breach of contract, misappropriation of trade secrets, breach of fiduciary duty, fraud, conversion, shareholder disputes, receiverships, preliminary injunctions and administrative law disputes. Mr. Hague is frequently called upon to represent clients in the enforcement of, or defense of, covenants not to compete. Mr. Hague was also 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.

Prior to joining Krieg DeVault in 2001, Mr. Hague served as a deputy prosecutor in Tippecanoe County. As a long-time member of the firm’s Diversity Committee, Professional Personnel Committee, and Talent Acquisition Committee, Mr. Hague has been active in hiring and associate management for the firm. Mr. Hague regularly represents the firm at law schools and job fairs, and participates in forums for law students regarding the interviewing and hiring process.

Experience

Representative Experience

Counsel Of Record In The Following

Capehart v. Capehart, 771 N.E.2d 657 (Ind. Ct. App. 2002)
In re Guardianship of Stant, 50 N.E.3d 149 (Ind. Ct. App. 2016)
In re Moeder, 978 N.E.2d 754 (Ind. Ct. App. 2012) (unpublished disposition)
Winona Powder Coating Inc., v. Spark Energy Gas, LP, 42 N.E.3d 1036 (Ind. Ct. App. 2015)
Old National Bancorp., v. Hanover College, 15 N.E.3d 574 (Ind. 2014)
Gray v. Mays Management, Inc., 903 N.E. 2d 940 (Ind. Ct. App. 2013), trans denied

Professional Associations

Member, Indiana State Bar Association
Member, Indianapolis Bar Association
Participant, Indianapolis Bar Association Leadership Series
Member, Defense Research Institute
Member, Sagamore American Inn of Court
Volunteer and Spokesman, American Heart Association
Volunteer and Committee Member, St. Vincent’s Foundation
Board Member and Secretary, Brooke's Place

Awards & Recognitions

Indiana Super Lawyers Rising Stars, 2012

Seminars & Presentations

Co-Presenter, "The Seat is Yours," Indianapolis Bar Association, July 26, 2022
Gestures of Apology, Sympathy and Even Fault in Hopes of Preventing a Lawsuit, presented to the Indiana Medical Group Management Association on 5-15-09

Credentials

Education

J.D., Indiana University Maurer School of Law, Bloomington, Indiana, 1998
B.A., Indiana University, Bloomington, Indiana, 1994

Bar & Court 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

Practices & Industries

Practices

Industries

Beyond the Office

Golf

Tennis

Travel

Insights

Financial Services

Partner and Firm Executive Committee Member Brian M. Heaton Elected to Serve as President of the Board of Directors of the Association for Corporate Growth Indiana

May 23, 2024

Thought Leadership

Are We in a Banking Crisis? What the Silicon Valley and Signature Banks’ Failure Tell Us About the Future of Financial Institutions (Podcast)

April 13, 2023

Litigation

Owners / GCs / Subs / Suppliers / Lessors – Check Your Contracts. Court of Appeals Decision Highlights Challenges when Dispute Resolution Process Varies

August 25, 2022

Firm News and Events

13 Krieg DeVault Attorneys Recognized by 2023 Best Lawyers®; 7 Named to the 2023 Best Lawyers in America® Listing; 1 Receives “Lawyer of the Year” Designation; 6 Receive “Ones to Watch” Designation

August 18, 2022

Health Care

Private Equity Investment in Medical Practices Series: Buying or Selling a Medical Practice - STEP 1 - The Nondisclosure Agreement

March 8, 2022

Firm News and Events

Supreme Court Confirms that to Violate the TCPA your Automatic Telephone System Must Use a Random or Sequential Generator

April 7, 2021

Secured Lender

Krieg DeVault's Kay Dee Baird Elected Chair of the Indianapolis Bar Association's Commercial Law & Bankruptcy Section for 2021

January 1, 2021

Secured Lender

The Importance of Paying Attention to Notices Received in Bankruptcy Cases: Creditor Misses Proof of Claim Bar Date and Loses Claim for $2 Million

November 13, 2020

Secured Lender

CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule

September 15, 2020

Health Care

Indiana Moratorium on Residential Property Evictions and Mortgage Foreclosures Will Continue Through the End of July 2020

July 5, 2020

Financial Services

Don't Be Complacent, Be Compliant - CMS and OIG Online Sources Continue to Provide Important Compliance and COVID-19 Updates

June 4, 2020

Health Care

When It Rains, It Pours - Nursing Facilities to Face Imminent Survey Activity, Enhanced Enforcement Actions, and Staff Testing Requirements as a Result of COVID-19

June 3, 2020

Secured Lender

Indiana Supreme Court Extends Partial Protection of CARES Act Recovery Rebates

May 31, 2020

Health Care

Protect Yourself from Anti-Kickback Statute Liability When Donating PPE

May 18, 2020

Financial Services

CFPB Provides Flexibility to Financial Institutions When Dealing with Billing Errors, Payment Rules and Deposit Accounts Terms Related to the COVID-19 Pandemic

May 17, 2020

Health Care

A Message from Krieg DeVault LLP's Creditors' Rights and Bankruptcy Practice Group on Our Response to the Coronavirus COVID-19 Pandemic

March 23, 2020

Financial Services

DEA Removes In-Person Examination Requirement for Prescribing Controlled Substances Amid COVID-19 Public Health Emergency

March 18, 2020

Health Care

Seventh Circuit Confirms that the Bankruptcy Code Expressly Subordinates a Seller's Reclamation Claim to the Prior Rights of a Secured Creditor

February 19, 2020

Secured Lender

Indiana Supreme Court Rejects Imposition of “Rule of Reasonableness” on the Statutes of Limitations Applicable to a Lender's Pursuit of a Defaulted Mortgage Installment Promissory Note

February 19, 2020

Health Care

OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers

April 8, 2019

Thought Leadership

Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws

January 22, 2019

Health Care

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 2018

Thought Leadership

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 2018

Thought Leadership

HHS OIG Recommends Greater Efforts by Medicaid Managed Care Organizations in Identifying and Addressing Medicaid Fraud and Abuse

August 7, 2018

Thought Leadership

Indiana DFI Enforcement Action Against Auto Dealer Underscores the Importance of Ensuring Indirect Lending Partners Understand Consumer Credit Laws

May 8, 2018

Thought Leadership

The Department of Defense Issues an "Interpretative Rule" to the Military Lending Act - Auto and Personal Property Lenders Faced With Regulatory Uncertainty

January 9, 2018

Thought Leadership

Representative Experience

Successfully represented trust company serving as trustee of a mother’s revocable living trust in securing a modification of the terms of the trust agreement to allow the trustee to use the trust funds for the maintenance of the mother’s disabled son; mother’s daughter challenged the trust company’s request and the probate court’s decision to allow the modification based on a finding of unforeseen events as would allow trust reformation; ruling in the trust company’s favor was affirmed on appeal.
Successfully represented trust company in federal court securing complete payment of funds owed by company to its employee stock ownership plan. Representation included negotiations with the Department of Labor.
Successfully appealed trial court’s refusal to order mother’s power of attorney to give son an accounting of his mother’s finances as required under the Probate Code.
Represented personal representative and trustee of various trusts in administration of an estate containing excess of twenty closely held business interests, including skilled nursing facilities and related real estate entities. Representation included defense of separate causes of action involving claims against the estate filed by beneficiaries, estate and gift tax issues, and negotiations with the Internal Revenue Service.
Representation of the trustees of two large trusts containing interest in closely held businesses valued in excess of $200 million with respect to allegations of breach of trust, breach of fiduciary duty, trust interpretation, and negotiations with the Internal Revenue Service.
Successfully represented trust company serving as trustee of a mother’s revocable living trust in securing a modification of the terms of the trust agreement to allow the trustee to use the trust funds for the maintenance of the mother’s disabled son; mother’s daughter challenged the trust company’s request and the probate court’s decision to allow the modification based on a finding of unforeseen events as would allow trust reformation; ruling in the trust company’s favor was affirmed on appeal.
Representation of child of an incapacitated adult whose assets were being managed by another child under a Durable Power of Attorney. Successfully appealed trial court’s refusal to order mother’s power of attorney to give son an accounting of his mother’s finances as required under recently modified probate code provisions.
Lead counsel for aviation contractor in multi-million dollar breach of contract lawsuit
Lead counsel for large regional business machine and service company
Lead litigation counsel for regional hospital system
Co-counsel in sale of $13 million business machine company
Counseled medium and large companies in preparing and defending non-competition agreements

Counsel Of Record In The Following

Capehart v. Capehart, 771 N.E.2d 657 (Ind. Ct. App. 2002)
In re Guardianship of Stant, 50 N.E.3d 149 (Ind. Ct. App. 2016)
In re Moeder, 978 N.E.2d 754 (Ind. Ct. App. 2012) (unpublished disposition)
Winona Powder Coating Inc., v. Spark Energy Gas, LP, 42 N.E.3d 1036 (Ind. Ct. App. 2015)
Old National Bancorp., v. Hanover College, 15 N.E.3d 574 (Ind. 2014)
Gray v. Mays Management, Inc., 903 N.E. 2d 940 (Ind. Ct. App. 2013), trans denied

Professional Associations

Member, Indiana State Bar Association
Member, Indianapolis Bar Association
Participant, Indianapolis Bar Association Leadership Series
Member, Defense Research Institute
Member, Sagamore American Inn of Court
Volunteer and Spokesman, American Heart Association
Volunteer and Committee Member, St. Vincent’s Foundation
Board Member and Secretary, Brooke's Place

Awards & Recognitions

Indiana Super Lawyers Rising Stars, 2012

Seminars & Presentations

Co-Presenter, "The Seat is Yours," Indianapolis Bar Association, July 26, 2022
Gestures of Apology, Sympathy and Even Fault in Hopes of Preventing a Lawsuit, presented to the Indiana Medical Group Management Association on 5-15-09