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James Boyers
James Boyers
 
Email James M. Boyers
Phone: 317.860.5366 vcard
Contact
Jim.Boyers@WoodenMcLaughlin.com
(317) 860-5366 (Direct)

211 North Pennsylvania Street
One Indiana Square, Suite 1800
Indianapolis, IN 46204
Legal Secretary
Rhonda Britt
Rhonda.Britt@WoodenMcLaughlin.com
Education
Hanover College, B.A., English 1994
Indiana University School of Law – Bloomington, J.D. 1998
Personal
Born in Indianapolis, Indiana, 1972
Alzheimer’s Association of central Indiana, Board of Directors, Indianapolis Memory Walk Steering Committee Member and Memory Walk Team Captain
Member, Board of Conduct, International Fraternity of Phi Gamma Delta,
Chairman, Board of Chapter Advisors, Tau Chapter, Phi Gamma Delta, Hanover College
Resides in Carmel, Indiana with wife, son, and daughter
Hobbies
Running, biking, and reading
Coaching in the Carmel Dads' Club
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James M. Boyers
Partner

Jim's trial and appellate practice focuses on commercial litigation.

His cases have involved:

  • Products Liability
  • Insurance Coverage
  • Toxic Torts
  • Secured Lender Rights & Liabilities
  • Construction & Real Estate Disputes

Jim represents clients in complex matters, often involving multiple parties.  He handles matters with focus on efficiency for his clients and with a dedication to prompt and effective service.  Jim’s litigation experience has included both bench and jury trials.  His trial work has primarily involved first chair responsibility.  Jim also has resolved many cases through alternative dispute resolution including both mediation and arbitration.  Finally, he has experience handling appeals before both the Indiana Supreme Court and the Indiana Court of Appeals.

Jim has also devoted himself to publishing several articles on issues of Indiana law.  He has co-authored three academic articles. One article appeared in the Indiana Law Review, Vol. 34, No. 4, 2003. The other articles appeared in the Indiana Civil Litigation Review, Vol. I, No. 1, 2004 and Vol. II, No. 1, 2005.  He has also published articles in the Indiana Lawyer.

Representative Cases

Motion Practice – Jim obtained an order denying summary judgment of a Third Party Defendant that was attempting to avoid successor liability.  Jim’s opposition to the summary judgment expanded upon the existing Indiana law regarding “de facto” merger.  Jim drafted Motions for Partial Summary Judgment in a multi-million dollar commercial dispute that led to orders which substantially limited the potential scope of damages and liability theories available to the plaintiff and led to the resolution of the case.

The Indiana Supreme Court.  Jim led a joint defense group effort to obtain direct transfer to the Supreme Court from the trial court and was heavily involved in briefing Defendants’ position in Allied Signal v. Ott, 785 N.E.2d 1068 (Ind. 2003) in which Indiana Supreme Court upheld the constitutionality of the Indiana Product Liability Act Statute of Repose as applied in asbestos cases.  Doug King and Jim also handled the Ott matter on remand and before the Court of Appeals.  In Ott v. AlliedSignal Inc., 827 N.E.2d 1144 (Ind. Ct. App. 2005), the Indiana Court of Appeals adopted the Defendants’ position that the Indiana Product Liability Act State of Repose was constitutional as applied to the plaintiff in that case.

Reducing Potential Liability by Strengthening the Non-Party Defense.  Drafted joint brief of defendants/appellants by which the Indiana Court of Appeals recognized that Bankrupt entities are proper non-parties for purposes of fault allocation under the Comparable Fault Act.  Bondex International, Inc. v. Ott, 774 N.E.2d 82 (Ind.Ct.App. 2002).  The opinion reversed a trial court decision which had precluded defendants from identifying certain bankrupt entities as non-parties for purposes of fault allocation.  The defense has proven to be very valuable to defendants in asbestos cases where a large number of asbestos product manufacturers filed for protection under the Bankruptcy Code.

Piercing the Corporate Veil.  Jim served as first chair in a bench trial where his client obtained a judgment piercing the corporate veil of an Indiana Limited Liability Company which resulted in a six figure recovery for his clients.  Jim also served as lead attorney on the appeal which resulted in an unpublished opinion which affirmed the judgment.

Construction Disputes.  Resolved six figure dispute on a major regional construction project through pre-trial mediation.  Jim represented the General Contractor against the owner in direct negotiations and in mediation.

Complex Insurance Actions.  Jim regularly represents insurers in coverage actions related to environmental contamination which involve many years and layers of insurance coverage.

Selected to Represent the Defense Bar.  The Defense Trial Counsel of Indiana has retained Jim to represent it as an amicus curiae participant in three separate appeals, two of which resulted in opinions which furthered the defense bar’s interpretation of the Indiana Product Liability Act Statute of Repose.

Defending Class Actions.  Jim serves as local counsel for a large telecommunications corporation in a Multi-District Litigation matter pending in the United States District Court for the Southern District of Indiana which has involved the resolution of class action lawsuits in over forty states.

Resolving Residential Construction Claims.  Jim represented homeowners as co-first chair in a bench trial against their homebuilder.  After a two day bench trial, the Court entered a judgment for the homeowners based on a breach of the implied warranty of habitability for nearly seventy-five percent of what they paid for the house.

Defending Borrower Claims.  Resolved multiple cases for Mortgage Servicers and Investors in which borrowers alleged violations of Truth for Lending Act, Fair Debt Collection Act, and Real Estate Settlement Procedures Act and contractual claims. 

 

James M. Boyers - Partner

Practice Areas
  • Creditors' Rights & Liabilities
  • Environmental Insurance Coverage & Defense
  • General Litigation & Dispute Resolution
  • Medical Device Defense
  • Real Estate & Construction Disputes
Industries Served
  • Medical Devices
  • Real Estate Construction & Development
Professional Profile

Jim's trial and appellate practice focuses on commercial litigation.

His cases have involved:

  • Products Liability
  • Insurance Coverage
  • Toxic Torts
  • Secured Lender Rights & Liabilities
  • Construction & Real Estate Disputes

Jim represents clients in complex matters, often involving multiple parties.  He handles matters with focus on efficiency for his clients and with a dedication to prompt and effective service.  Jim’s litigation experience has included both bench and jury trials.  His trial work has primarily involved first chair responsibility.  Jim also has resolved many cases through alternative dispute resolution including both mediation and arbitration.  Finally, he has experience handling appeals before both the Indiana Supreme Court and the Indiana Court of Appeals.

Jim has also devoted himself to publishing several articles on issues of Indiana law.  He has co-authored three academic articles. One article appeared in the Indiana Law Review, Vol. 34, No. 4, 2003. The other articles appeared in the Indiana Civil Litigation Review, Vol. I, No. 1, 2004 and Vol. II, No. 1, 2005.  He has also published articles in the Indiana Lawyer.

Bar and Court Admissions
  • Admitted to the Indiana Bar and U.S. District Courts for the Southern and Northern Districts of Indiana and the Seventh Circuit Court of Appeals
Education
  • Hanover College, B.A., English 1994
  • Indiana University School of Law – Bloomington, J.D. 1998
Professional Associations & Achievements
  • Served as Chairman of the Product Liability Section of the Defense Trial Counsel of Indiana in 2004.
  • American and Indiana State Bar Associations
  • The Defense Trial Counsel of Indiana named Jim as its Outstanding Section Leader in 2004 for his efforts in leading its Product Liability Section. Under Jim's leadership that year the Product Liability Section hosted a Breakfast Seminar, developed a two hour presentation for the Annual Meeting, and identified and provided authors for two articles in the Indiana Civil Litigation Review and in the Indiana Lawyer.
  • Defense Trial Counsel of Indiana
  • Defense Research Institute
  • Named an Indiana Super Lawyers Rising Star in 2011

Representative Cases

Motion Practice – Jim obtained an order denying summary judgment of a Third Party Defendant that was attempting to avoid successor liability.  Jim’s opposition to the summary judgment expanded upon the existing Indiana law regarding “de facto” merger.  Jim drafted Motions for Partial Summary Judgment in a multi-million dollar commercial dispute that led to orders which substantially limited the potential scope of damages and liability theories available to the plaintiff and led to the resolution of the case.

The Indiana Supreme Court.  Jim led a joint defense group effort to obtain direct transfer to the Supreme Court from the trial court and was heavily involved in briefing Defendants’ position in Allied Signal v. Ott, 785 N.E.2d 1068 (Ind. 2003) in which Indiana Supreme Court upheld the constitutionality of the Indiana Product Liability Act Statute of Repose as applied in asbestos cases.  Doug King and Jim also handled the Ott matter on remand and before the Court of Appeals.  In Ott v. AlliedSignal Inc., 827 N.E.2d 1144 (Ind. Ct. App. 2005), the Indiana Court of Appeals adopted the Defendants’ position that the Indiana Product Liability Act State of Repose was constitutional as applied to the plaintiff in that case.

Reducing Potential Liability by Strengthening the Non-Party Defense.  Drafted joint brief of defendants/appellants by which the Indiana Court of Appeals recognized that Bankrupt entities are proper non-parties for purposes of fault allocation under the Comparable Fault Act.  Bondex International, Inc. v. Ott, 774 N.E.2d 82 (Ind.Ct.App. 2002).  The opinion reversed a trial court decision which had precluded defendants from identifying certain bankrupt entities as non-parties for purposes of fault allocation.  The defense has proven to be very valuable to defendants in asbestos cases where a large number of asbestos product manufacturers filed for protection under the Bankruptcy Code.

Piercing the Corporate Veil.  Jim served as first chair in a bench trial where his client obtained a judgment piercing the corporate veil of an Indiana Limited Liability Company which resulted in a six figure recovery for his clients.  Jim also served as lead attorney on the appeal which resulted in an unpublished opinion which affirmed the judgment.

Construction Disputes.  Resolved six figure dispute on a major regional construction project through pre-trial mediation.  Jim represented the General Contractor against the owner in direct negotiations and in mediation.

Complex Insurance Actions.  Jim regularly represents insurers in coverage actions related to environmental contamination which involve many years and layers of insurance coverage.

Selected to Represent the Defense Bar.  The Defense Trial Counsel of Indiana has retained Jim to represent it as an amicus curiae participant in three separate appeals, two of which resulted in opinions which furthered the defense bar’s interpretation of the Indiana Product Liability Act Statute of Repose.

Defending Class Actions.  Jim serves as local counsel for a large telecommunications corporation in a Multi-District Litigation matter pending in the United States District Court for the Southern District of Indiana which has involved the resolution of class action lawsuits in over forty states.

Resolving Residential Construction Claims.  Jim represented homeowners as co-first chair in a bench trial against their homebuilder.  After a two day bench trial, the Court entered a judgment for the homeowners based on a breach of the implied warranty of habitability for nearly seventy-five percent of what they paid for the house.

Defending Borrower Claims.  Resolved multiple cases for Mortgage Servicers and Investors in which borrowers alleged violations of Truth for Lending Act, Fair Debt Collection Act, and Real Estate Settlement Procedures Act and contractual claims. 

 

Personal
  • Born in Indianapolis, Indiana, 1972
  • Alzheimer’s Association of central Indiana, Board of Directors, Indianapolis Memory Walk Steering Committee Member and Memory Walk Team Captain
  • Member, Board of Conduct, International Fraternity of Phi Gamma Delta,
  • Chairman, Board of Chapter Advisors, Tau Chapter, Phi Gamma Delta, Hanover College
  • Resides in Carmel, Indiana with wife, son, and daughter
Hobbies
  • Running, biking, and reading
  • Coaching in the Carmel Dads' Club

Practice Areas
Creditors' Rights & Liabilities
Environmental Insurance Coverage & Defense
General Litigation & Dispute Resolution
Medical Device Defense
Real Estate & Construction Disputes
Industries Served
Medical Devices
Real Estate Construction & Development
Bar & Court Admissions
Admitted to the Indiana Bar and U.S. District Courts for the Southern and Northern Districts of Indiana and the Seventh Circuit Court of Appeals
Professional Associations & Achievements
Served as Chairman of the Product Liability Section of the Defense Trial Counsel of Indiana in 2004.
American and Indiana State Bar Associations
The Defense Trial Counsel of Indiana named Jim as its Outstanding Section Leader in 2004 for his efforts in leading its Product Liability Section. Under Jim's leadership that year the Product Liability Section hosted a Breakfast Seminar, developed a two hour presentation for the Annual Meeting, and identified and provided authors for two articles in the Indiana Civil Litigation Review and in the Indiana Lawyer.
Defense Trial Counsel of Indiana
Defense Research Institute
Named an Indiana Super Lawyers Rising Star in 2011