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Joseph Fullenkamp
OVERVIEW

Joseph R. Fullenkamp

Of Counsel (Retired)

Joe Fullenkamp represented businesses and individuals in the resolution of commercial disputes, product liability defense, construction litigation, transportation contracts and litigation, and insurance coverage matters. Joe’s experience spanned virtually all phases of litigation, including discovery, pre-trial motions and trial, and appellate counsel in courts throughout the United States.

OVERVIEW

Joe Fullenkamp represented businesses and individuals in the resolution of commercial disputes, product liability defense, construction litigation, transportation contracts and litigation, and insurance coverage matters. Joe’s experience spanned virtually all phases of litigation, including discovery, pre-trial motions and trial, and appellate counsel in courts throughout the United States.

For more than three decades, Joe litigated product liability lawsuits. He served on national product liability teams representing Fortune 500 companies and other businesses in litigation throughout the country. His clients included manufacturers and distributors of home appliances, kitchen appliances and utensils, manufacturing equipment and consumer goods.

Joe also represented owners, designers, general contractors and subcontractors in construction disputes and litigation. He handled matters involving manufacturing facilities, solar projects, hotels, dormitories, parking ramps, hospitals, healthcare facilities, and concrete. His experience included advising, negotiating and litigating the range of issues that can arise before, during and after actual construction. In addition, he litigated virtually all aspects of transportation law and also negotiates carrier and broker contracts. He also handled litigation disputes between healthcare entities and insurance coverage disputes regarding medical malpractice, professional liability and commercial general liability claims.

Joe focused on identifying the central issues of a claim that will affect the end result. He worked to understand each client’s non-legal goals early on, because those often determine the outcome of the dispute. After decades of practice, Joe remained committed to delivering honed skill in predicting possible case outcomes and adjusting his arguments and negotiation tactics accordingly. Judges, mediators and opposing counsel were known to comment on Joe’s calm demeanor, patience and preparation.

Professional and Community Involvement

Member, Board of Governors, Indiana State Bar Association

Registered Indiana Civil Mediator

Board secretary, St. Joseph County Bar Foundation

Board member, Volunteer Lawyer’s Network

District representative, Indiana State Bar Association Section of Litigation

Member and past president, Robert A. Grant Inn of Court

Former chair, St. Joseph County Bar Association Judicial Survey Committee

Member and past president, St. Joseph County Bar Association

Coach, Indiana State High School Mock Trial Competition

Former board member, Big Brothers/Big Sisters of St. Joseph County, Inc.

Former board member and president, Habitat for Humanity, St. Joseph County

Vice president, Saint Joseph High School Lacrosse Board

Former school board member, Saint Joseph Grade School

Honors

Martindale-Hubbell AV Preeminent

The Best Lawyers in America, 2008-2024

The Indiana Lawyer Distinguished Barrister, 2013

Fellow, Indiana Bar Foundation

EXPERIENCE

  • Barnes & Thornburg attorney represented client in mandamus action concerning consolidation of competing class action lawsuits.
  • Barnes & Thornburg attorneys defended client in competing class actions brought on behalf of landowners adjoining railroad rights-of-way abandoned by Penn Central. The ten years of litigation led to several appeals to the Indiana Court of Appeals, an appeal to the Indiana Supreme Court, and a writ of mandamus to the Indiana Supreme Court. Ultimately, a class action settlement was reached in which the client, a defendant, received payment from the co-defendant.
  • Barnes & Thornburg attorneys defended client in purported class action on behalf of New York and New Jersey residents, alleging violations of the Fair Debt Collection Practices Act. Plaintiff ultimately dismissed the class action allegations, and the individual claims by Plaintiff were resolved.
  • Barnes & Thornburg attorneys defended client, national developer and owner of apartment complexes, in American Disabilities Act (ADA) lawsuit brought by United States Department of Justice regarding access to units.
  • Barnes & Thornburg attorneys defended Plaintiff’s class action brought against RV delivery company, on behalf of drivers, under wage act. The Court denied Plaintiff’s motion for class certification.
  • Barnes & Thornburg attorneys obtained summary judgment for the client in a product liability case, in which Plaintiff steel mill alleged that a shaft manufactured by the client broke and caused more than $11 million in damages. The trial court granted summary judgment in favor of the client under the economic loss doctrine. The Indiana Court of Appeals affirmed. 734 N.E.2d 584 (Ind.Ct.App. 2000).
  • Barnes & Thornburg attorneys obtained summary judgment in favor of seller of candle making kit in a product liability case in which the plaintiff sustained burns from a flash fire while making candles.
  • Barnes & Thornburg attorneys obtained voluntary dismissal of class action allegations, and pursued successful summary judgment motion on merits of Equal Credit Opportunity Act claims on behalf of bank client.
  • Barnes & Thornburg attorneys represented a Fortune 500 appliance manufacturer and obtained summary judgment in favor of client in product liability lawsuit for damages caused by fire, including alleged burns, lung damage, mental suffering, and property damage.
  • Barnes & Thornburg attorneys represented Airport Authority in action to determine “just compensation” for Airport’s acquisition of property in eminent domain proceeding. The adjoining landowner sought $6.8 million in damages. The Michigan Case Evaluation Panel placed a value of $2.24 million on the case which the parties accepted.
  • Barnes & Thornburg attorneys represented an auto manufacturer in a contract dispute with a trademark marketer. Beanstalk Group, Inc. v. AM General Corp., No. 01-2164 (7th Cir. 2001).
  • Barnes & Thornburg attorneys represented landlord/university in copy center/tenant’s appeal of partial dismissal of action pertaining to lease dispute. Tenant alleged that lease provided it with the right to unilaterally elect unlimited 5 year extensions of the lease. Appellate Court affirmed the trial court's grant of summary judgment in our client’s favor. Copy Servs. v. Univ. of Notre Dame Du Lac, No. 71A03-0606-CV-271 (Ind. Ct. App. 2007).
  • Barnes & Thornburg attorneys were retained by client to assist insurance defense counsel in purported class action brought on behalf of Florida residents alleging violations of the respective Federal and Florida Fair Debt Collection Practices Acts. Plaintiff ultimately abandoned the class action claims and resolved the individual claims.
  • Barnes & Thornburg represented client, Airport Authority/landlord, in suit with tenant for breach of lease. The tenant sought more than $1.1 million in damages, including lost profits, while the client sought $300,000+ in unpaid rents. After a bench trial, the judge entered a judgment for client for the entire amount of the rent, and against tenant on its claims for damages and lost profits.
  • Newspaper client retained Barnes & Thornburg to assist insurance defense counsel in suit brought by Plaintiff seriously injured in an auto accident when newspaper carrier crossed the center line. We obtained summary judgment for the newspaper on the ground that the carrier was an independent contractor. The Indiana Court of Appeals affirmed the grant of summary judgment in an unpublicized opinion.
  • On behalf of client, Barnes & Thornburg attorneys obtained summary judgment in lawsuit brought by trade show exhibit consultant for tortious interference with a contract, tortious interference with a business relationship and defamation.
  • On behalf of firm client, Barnes & Thornburg attorneys defeated attempts by shopping plaza landlord to evict sublessor box store from space after original tenant failed to pay all amounts due under original lease.
  • On behalf of Fortune 500 appliance manufacture client, Barnes & Thornburg attorneys obtained summary judgment in a product liability action for appliance named in a lawsuit in which four people died and six were injured when a home exploded from a propane leak.
  • Represented Notre Dame in Copy Service's appeal of partial dismissal of action pertaining to lease dispute; court affirmed lower court's ruling.
  • The 7th Circuit affirmed summary judgment granted for America's Servicing Company, an affiliate of Wells Fargo Bank. The case involved alleged "pyramiding" of late fees on a home loan after the Plaintiff failed to make his required monthly payments. The 7th Circuit affirmed the granting of summary judgment on Plaintiff's RESPA, breach of contract and Indiana Home Loan Practices Act claims.

    Of note for clients is the discussion of the Indiana Lender Liability Act and its prohibition of oral modifications of written loan agreements. This concludes litigation that included a putative national class action for all borrowers serviced by ASC that were charged late fees. Plaintiff's motion for class certification was denied, and the 7th Circuit ruling affirms summary judgment on the Plaintiff's individual claims. Collins v. America's Servicing Co., 652 F.3d 711 (7th Cir. 2011).
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