David A. Gunter, Attorney

Significant Representations:

Defended university in multimillion dollar claim and lawsuit brought by general contractor alleging compensable delays and owner interference.

Defended national association in toxic tort cases alleging that exposure to mercury had caused autism and neurological injuries to Plaintiffs.

Fillmore, LLC v. Fillmore Machine & Tool Company, 783 N.E.2d 1169 (Ind. Ct. App. 2003).  Obtained judgment in excess of $275,000 in a lawsuit for conversion that was affirmed on appeal. Client was a small corporation that had entered into a business venture with a much larger customer.

Lombardo v. Lombardo, 192 F.Supp.2d 885 (N.D. Ind. 2002).  Successfully sued former husband of client for illegally wiretapping her telephone prior to commencement of divorce proceedings.  

Defended major chemical company in lawsuit filed in Kentucky alleging injuries to Plaintiffs from the ingestion of water from a spring that had been contaminated by perchorethylene.

Successfully sued and obtained six-figure settlement for tree nursery whose stock had been damaged by drifting herbicides that had been misapplied on a neighboring property by a commercial applicator.

Defended large chemical and pharmaceutical companies in CERCLA (Superfund) cases filed in Michigan, Kentucky, New Jersey, Georgia, and Rhode Island.

Successfully sued major waste hauler on behalf of chemical company to enforce a 30 year old indemnity agreement that had been entered into by a predecessor of the waste hauler.  This favorable ruling after a bench trial to a federal judge in Kentucky led to a multimillion dollar settlement in favor of client.

Successfully sued and negotiated with insurance carriers to obtain coverage for environmental claims under comprehensive general liability (CGL) policies on behalf of manufacturers. 

Successfully sued partners of client in connection with the break-up of a real estate joint venture established to develop and market a timeshare resort in Freeport, Bahamas. Following a one month jury trial in Fort Myers, Florida, client was awarded a judgment in excess of $1.6 million.