James H. Milstone

Biography

JAMES H. MILSTONEManaging PartnerIndianapolis, IN P: 317-814-8966F: 317.818.1390jhmilstone@kopkalaw.com James H. Milstone has been practicing law in Indiana with a primary focus on civil litigation. He has handled matters including product liability, trucking, construction, bankruptcy, environmental, employment, civil rights, insurance coverage, first-party coverage disputes, alleged bad faith, and general commercial litigations. Having handled over 30 trials, with demands as high as $50,000,000, Jim's strong trial skills have resulted in obtaining on average settlements 25% less than demand for his clients. He has also handled numerous appeals in both the state and federal court systems, litigating in the Seventh Circuit Court of Appeals as well as the Indiana Court of Appeals and Supreme Court. He has considerable experience with bankruptcy and creditors’ rights litigation. He defends claims under the Fair Debt Collection Act and the Fair Credit Reporting Act, and has defended class action litigation. Jim has also been serving as the town attorney for the Town of Lakeville, Indiana since 2009.Jim has also served as a mediator and arbitrator in several cases including bankruptcy, tort litigation, insurance coverage and mortgage foreclosures. He has served as a federal arbitrator for the Federal Emergency Management Agency (FEMA). Jim has been an advocate at more than 300 cases, including pre-filing and post-judgment mediations and has appeared in both state and federal court.After attending law school, he served as law clerk for the Honorable Robert L. Miller, Jr. of the United States District Court for the Northern District of Indiana.CASE HIGHLIGHTS Settled a case by mediation involving three high profile medical malpractice suits with exposure of up to a total of $4,000,000. The plaintiffs suffered radiation burns caused by misuse of hospital radiation equipment. The defendants were required to report to the Nuclear Regulatory Commission. Each of the three cases settled favorably. In another Indiana medical malpractice case the plaintiff alleged a violation of standard care after having a procedure done where radioactive seeds were implanted as a result of a health issue with the plaintiff’s prostate. The plaintiff alleged that the doctor performing the procedure did not verify that the order for the radioactive seeds was correct and implanted seeds of the wrong strength and quantity. The case was dismissed and no indemnity was paid. Successfully handled a 2 day jury trial that resulted in a verdict for each plaintiff, $891.26 for one plaintiff and $691.78 for the second plaintiff. The case involved an a car/van accident where our insured suffered a heart attack, lost vision, hearing, and control of her foot and felt her van bump the rear of a car. Plaintiffs’ counsel requested medicals plus $20,000 - $30,000 for each of the two plaintiffs. The court severely limited our liability evidence as we choose not to bring in a medical doctor or medical records relating to our insured’s condition. As to damages, we produced the investigating police offi cer, which came as a surprise to the plaintiff’s counsel. The officer testified that the plaintiff’s lied to him at the scene as to who was driving the vehicle and that in his experience the plaintiff did not need an ambulance. Jim suggested that there was no objective evidence of injury, and that since neither claimant ever took any medication for pain and suffering they should receive nothing. ADMISSIONSIndiana Supreme Court of the State of IndianaU.S. District Courts for the Northern and Southern Districts of IndianaU.S. Bankruptcy Court for the Northern and Southern District of IndianaU.S. Tax CourtU.S. Court of Appeals for the Seventh CircuitEDUCATIONValparaiso University School of Law, Valparaiso, Indiana, J.D.Marquette University, Milwaukee, Wisconsin, Baccalaureate Degree - Major: English and Minor: EconomicsPRESENTATIONS AND PUBLICATIONSSpeaker "Punitive Damages: How to Combat the Latest Nuances Plaintiffs Are Using to Make the Case”, American Conference Institute’s Defending and Managing Trucking Litigation Conference, Chicago, IL (2011). "Attacking Excessive Medical Treatment in Indiana After Sibbing", KPDE National Webinar (2010). "Trial Tactics", ABA Law Student Division (2010). "Successful Judgment Collections", National Business Institute, South Bend, Indiana (1999 & 2000). "Complying With the Fair Debt Collection Practices Act", National Business Institute, South Bend, Indiana (1998). "Problem Collections", National Business Institute, South Bend, Indiana (1992). "Foreclosure and Bankruptcy Seminar", National Business Institute, South Bend, Indiana (1991). ""Commercial Lending in Indiana", National Business Institute, South Bend, Indiana (2001). Speaker at ACI Trucking conferences Author "Contesting Medical Care in Litigation", DRI’s For The Defense (2010). "The Emergency Room Doctor Witness", DRI’s For The Defense (2009). "How a Federal Agency Can Violate Congressional Will and Get Away With It", Automatic Occupant Restraints and Federal Judicial Review 19 VAL. L. REV. 693 (1985).PUBLISHED OPINIONSIn re Elcona Homes Corporation., 863 F.2d 483, 57 U.S.L.W. 2318 (7th Cir. 1988).In re Federal Press Co., 117 B.R. 942 (Bankr. N.D. Ind. 1990).In re Belt, 1066 B.R. 553 (Bankr. N.D. Ind. 1989).In re General Microcomputer, Inc., 118 B.R. 96, 13 UCC Rep. Serv. 2d 162 (Bankr. N.D. Ind. 1989).Bowman Agri-Corp. V. First Farmers National Bank, 561 N.E.2d 1130.29 Wage & Hour Cas. (BNA) 934 (Ind. App. 1989), rev’d 562 No.E.3d 719 (Ind. 1990).United States v. McGill, 32 F.3d 1138 (7th Cir. 1994).Biggerstaff v. Clark, 999 F.2d 1153 (7th Cir. 1993).Consolidation Service, Inc. v. KeyBank National Ass’n, 29 F. Supp. 942 (N.D. Ind. 1998).Jones v. Royalton Food Services Equipment Co., 1998 U.S. Dist. LEXIS 1781 (N.D. Ind. Sept. 15, 1998).Azko Coatings v. Aigner Corp., 960 F. Supp. 1354 (N.D. Ind. 1996).In re Pruitt, 203 B.R. 134 (Bankr. N.D. Ind. 1996).First National Bank v. Gabonay, 545 N.E.2d 1130 (Ind. App. 1989), rev’d 562 N.E.2d 719 (Ind. 1990).Dietz v. Finlay Fine Jewelry Corp., 754 N.E.2d 958 (Ind. App. 1999)

Education

No information available.

Admissions/Licenses

• Bar Admissions: IN