Frederick D. Emhardt Who We Are
 

Frederick D. Emhardt, Partner Back to Attorney List
   

Fred Emhardt has more than two decades of trial experience representing plaintiffs and defendants in a range of complex litigation matters, including policyholder insurance coverage disputes, contract disputes, products liability claims, and environmental matters.  A number of published opinions reflect Fred’s skill as an advocate.  They include two important cases construing the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), statute -- Bernstein, et al. v. Bankert, et al., 702 F.3d 964 (7th Cir. 2012), cert denied, 134 S. Ct. 1024 (2014) and  Rumpke of Indiana, Inc. v. Cummins Engine Co., Inc., 107 F.3d, 1235 (7th Cir. 1997).  Fred recently tried Bitler Inv. Venture II, LLC, et al. v. Marathon Petroleum L.P., et al., 741 F.3d 832 (7th Cir. 2013), and on appeal established double damage verdicts for waste under Michigan law in favor of landowners aggrieved by abandonment of former gasoline station properties by a major oil company.  In Allstate Ins. Co. v. Dana Corp., 759 N.E.2d 1049 (Ind. 2001), a leading coverage case on allocation for environmental claims and other issues, Fred obtained a case dispositive summary judgment ruling a week before trial, which was then appealed and used to establish principles of the “all sums” as opposed to “pro rata” allocation of damages in environmental claims.  In all these cases, the courts decided issues of first impression in favor of our clients.


Fred also assists health care providers in insurance and business litigation matters.  He was lead counsel in Indiana Spine Group, P.C. v. Pilot Travel Centers, LLC, 931 N.E.2d 435 (Ind. 2011).  This case, which affirmed multiple decisions of the Indiana Court of Appeals, established a 10 year statute of limitation from date of service on health provider fee adjustment claims before the Indiana Worker’s Compensation Board, which had been applying a two year limit from the date of employee injury to all such claims.  Indiana’s General Assembly then enacted a specific statute of limitation for provider fee claims.    

 

Fred has also developed an estate planning practice. Fred has assisted a variety of clients with wills, trusts and other probate matters.

 

Fred received his B.A. (economics), magna cum laude, from Wabash College in 1982.  He received his J.D. from the University of Colorado in 1985.  He has been in private practice in Indianapolis since he graduated.  Fred joined the firm in 1993 and became a partner in 1997.  He has been the firm’s managing partner in 2001 and 2009.  Fred has an AV peer review rating by Martindale-Hubbell.  Fred was recently selected by his peers for inclusion in The Best Lawyers in America® 2013 and 2014 in the field(s) of insurance law and environmental litigation and in September 2015 was selected as Best Lawyers 2016 Insurance - Litigation "Lawyer of the Year" for the Indianapolis legal community.  

 

Fred and his wife, Cynthia, have four children aging from 25 to 15.  Fred has volunteered as a youth soccer and basketball coach and assists in various fundraising activities for disadvantaged youth.  He and his entire family are avid tennis players and he just started serving on the board of the Central Indiana Tennis Foundation. He has been a Mentor for Starfish Initiative of Indianapolis and a deacon at Second Presbyterian Church in Indianapolis.    



Practice Areas

  • Environmental
  • Insurance Coverage
  • Complex Litigation
  • Health Care

Significant Cases, Administrative Matters & Transactions

Bernstein, et al. v. Bankert, et al., 702 F.3d 964 (7th Cir. 2012), cert denied, 134 S. Ct. 1024 (2014)

Bitler Inv. Venture II, LLC, et al. v. Marathon Petroleum L.P., et al., 741 F.3d 832 (7th Cir. 2013)

Indiana Spine Group P.C. v. Pilot Travel Centers LLC, 959 N.E.2d 759 (Ind. 2011)

Allstate v. Dana Corp., 759 N.E.2d 1049 (Ind. 2001)

Rumpke of Ind., Inc. v. Cummins Engine Co., Inc., 107 F.3d, 1235 (7th Cir. 1997)

Hartford Accident. & Indem. Co. v. Dana Corp., 690 N.E.2d 285 (Ind. Ct. App. 1997)

Karn v. Ingersoll-Rand Co., 168 F.R.D. 633 (N.D. Ind. 1996)

Publications & Speaking Engagements

2013
Speaking Engagement
  Speaker, "Interpreting Coverage" and "Calculating and Proving Loss" Insurance Law 2013 (National Business Institute, February 28, 2013)
 
2012
Speaking Engagement
  Speaker, "Why Lincoln Was A Lawyer", Eman Schools in Fishers, Indiana, Indiana State Bar Association, Young Lawyers Section Outreach Program
 
2010
Speaking Engagement
  Speaker, "Deposition Skills, Winning Before Trial." 
 
2009
Speaking Engagement
  Speaker, "Insurance Coverage Law," National Business Institute
 
2008
Speaking Engagement
  Speaker, "Deposition Skills, Winning Before Trial: The 10 Keys to Winning Depositions," Indiana Continuing Legal Education Forum
 
2007
Speaking Engagement
  Speaker, "Deposition Skills, Winning Before Trial: The 10 Keys to Winning Depositions," Indiana Continuing Legal Education Forum
 
2007
Speaking Engagement
  Speaker, "Insurance Coverage Litigation," National Business Institute
 
1995
Publication
  Co-Author and Speaker, "Major Land Use Laws In Indiana," National Business Institute
 
1993
Speaking Engagement
  Speaker, "Superfund and the New De-Micromis Class," Environmental Law for the General Practitioner
 

Associations & Memberships

Member, Indianapolis Bar Association, Environmental Law and Litigation Sections

Member, Indiana State Bar Association, Environmental Law and Litigation Sections

Member, Seventh Circuit Bar Association

Honors

2016   Listed in Best Lawyers in America®
 
2016   Listed in Best Lawyers in America®
 
2015   Named as Best Lawyers® 2016 Indianapolis Litigation - Insurance "Lawyer of the Year" 
 
2015   Listed in Best Lawyers in America®
 
2013   Listed in Best Lawyers in America®
 
2012   Listed in Best Lawyers in America®
 
1985   Recipient of University of Colorado’s American Jurisprudence Award in Commercial Law
 
1982   Recipient of Wabash College’s Indianapolis Alumni Club Award for Outstanding Scholar/Athlete
 

Employment History

1993- present  Partner, Plews Shadley Racher & Braun LLP (Managing Partner 2001, 2009) 

1985-1992  Associate, Miller, Faires, Hebert, Woddell & Baker, P.C., Indianapolis

Volunteer Activities

Youth soccer and basketball coach, First Baptist Athletics, Indianapolis, Indiana

Commissioner, Tennis, 2001 World Police and Fire Games, Indianapolis, Indiana

Member, Board of Directors, Park Tudor Alumni Association, 1991-1995

Member, Penrod Society, 1992-present

Assistant Commissioner, Soccer, 1987 Pan Am Games, Indianapolis, Indiana

Summerlakes Property Owners Association (Board Member 2007-2010, President 2009, 2010)

Starfish Initiative, Mentor, 2010

Second Presbyterian Church, Men's Steak Dinner, Chairman 2010 and 2011; Deacon 2012

Client Alerts

August 17, 2016   Twelve PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 31, 2015   Frederick D. Emhardt Named As Best Lawyers 2016 Indianapolis Litigation - Insurance "Lawyer of the Year"
By Plews Shadley Racher & Braun LLP
 
August 27, 2015   Frederick D. Emhardt is Registered Civil Mediator in Indiana
By Plews Shadley Racher & Braun LLP
 
August 18, 2015   Thirteen PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 18, 2014   Plews Shadley Racher & Braun attorneys named Best Lawyers in America
By Plews Shadley Racher & Braun LLP
 

Practice Areas

  • Environmental
  • Insurance Coverage
  • Complex Litigation
  • Health Care

Significant Cases, Administrative Matters & Transactions

Bernstein, et al. v. Bankert, et al., 702 F.3d 964 (7th Cir. 2012), cert denied, 134 S. Ct. 1024 (2014)

Bitler Inv. Venture II, LLC, et al. v. Marathon Petroleum L.P., et al., 741 F.3d 832 (7th Cir. 2013)

Indiana Spine Group P.C. v. Pilot Travel Centers LLC, 959 N.E.2d 759 (Ind. 2011)

Allstate v. Dana Corp., 759 N.E.2d 1049 (Ind. 2001)

Rumpke of Ind., Inc. v. Cummins Engine Co., Inc., 107 F.3d, 1235 (7th Cir. 1997)

Hartford Accident. & Indem. Co. v. Dana Corp., 690 N.E.2d 285 (Ind. Ct. App. 1997)

Karn v. Ingersoll-Rand Co., 168 F.R.D. 633 (N.D. Ind. 1996)


Publications & Speaking Engagements

2013
Speaking Engagement
  Speaker, "Interpreting Coverage" and "Calculating and Proving Loss" Insurance Law 2013 (National Business Institute, February 28, 2013)
 
2012
Speaking Engagement
  Speaker, "Why Lincoln Was A Lawyer", Eman Schools in Fishers, Indiana, Indiana State Bar Association, Young Lawyers Section Outreach Program
 
2010
Speaking Engagement
  Speaker, "Deposition Skills, Winning Before Trial." 
 
2009
Speaking Engagement
  Speaker, "Insurance Coverage Law," National Business Institute
 
2008
Speaking Engagement
  Speaker, "Deposition Skills, Winning Before Trial: The 10 Keys to Winning Depositions," Indiana Continuing Legal Education Forum
 
2007
Speaking Engagement
  Speaker, "Deposition Skills, Winning Before Trial: The 10 Keys to Winning Depositions," Indiana Continuing Legal Education Forum
 
2007
Speaking Engagement
  Speaker, "Insurance Coverage Litigation," National Business Institute
 
1995
Publication
  Co-Author and Speaker, "Major Land Use Laws In Indiana," National Business Institute
 
1993
Speaking Engagement
  Speaker, "Superfund and the New De-Micromis Class," Environmental Law for the General Practitioner
 

Associations & Memberships

Member, Indianapolis Bar Association, Environmental Law and Litigation Sections

Member, Indiana State Bar Association, Environmental Law and Litigation Sections

Member, Seventh Circuit Bar Association


Honors

2016   Listed in Best Lawyers in America®
 
2016   Listed in Best Lawyers in America®
 
2015   Named as Best Lawyers® 2016 Indianapolis Litigation - Insurance "Lawyer of the Year" 
 
2015   Listed in Best Lawyers in America®
 
2013   Listed in Best Lawyers in America®
 
2012   Listed in Best Lawyers in America®
 
1985   Recipient of University of Colorado’s American Jurisprudence Award in Commercial Law
 
1982   Recipient of Wabash College’s Indianapolis Alumni Club Award for Outstanding Scholar/Athlete
 

Employment History

1993- present  Partner, Plews Shadley Racher & Braun LLP (Managing Partner 2001, 2009) 

1985-1992  Associate, Miller, Faires, Hebert, Woddell & Baker, P.C., Indianapolis


Volunteer Activities

Youth soccer and basketball coach, First Baptist Athletics, Indianapolis, Indiana

Commissioner, Tennis, 2001 World Police and Fire Games, Indianapolis, Indiana

Member, Board of Directors, Park Tudor Alumni Association, 1991-1995

Member, Penrod Society, 1992-present

Assistant Commissioner, Soccer, 1987 Pan Am Games, Indianapolis, Indiana

Summerlakes Property Owners Association (Board Member 2007-2010, President 2009, 2010)

Starfish Initiative, Mentor, 2010

Second Presbyterian Church, Men's Steak Dinner, Chairman 2010 and 2011; Deacon 2012


Client Alerts

August 17, 2016   Twelve PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 31, 2015   Frederick D. Emhardt Named As Best Lawyers 2016 Indianapolis Litigation - Insurance "Lawyer of the Year"
By Plews Shadley Racher & Braun LLP
 
August 27, 2015   Frederick D. Emhardt is Registered Civil Mediator in Indiana
By Plews Shadley Racher & Braun LLP
 
August 18, 2015   Thirteen PSRB Attorneys Selected for Inclusion in The Best Lawyers in America 2016
By Plews Shadley Racher & Braun LLP
 
August 18, 2014   Plews Shadley Racher & Braun attorneys named Best Lawyers in America
By Plews Shadley Racher & Braun LLP
 
August 15, 2013   PSRB Attorneys Included in The Best Lawyers in America®
By Plews Shadley Racher & Braun LLP
 
January 8, 2013   7th Circuit Reinstates CERCLA/ELA Claim Against Owners of Boone County Landfill and Their Insurers
By Frederick D. Emhardt
 
January 7, 2013   PSRB Wins Important Summary Judgment on Critical Coverage Issues
By Plews Shadley Racher & Braun LLP
 
March 24, 2011   PSRB Sponsors Holliday Park Trial Run for 7th Straight Year
By Plews Shadley Racher & Braun LLP
 
September 16, 2010   US News & World Report Annual Ranking of Best Law Firms: Firm's Environmental and Insurance Practice Areas Ranked Tier 1
By Plews Shadley Racher & Braun LLP
 
August 12, 2010   Indiana Court of Appeals Reverses Worker's Compensation Board Ruling
By Frederick D. Emhardt
 
April 9, 2010   Federal Court Denies Summary Judgment for Insurer
By Jonathan P. Emenhiser and Frederick D. Emhardt
 
 
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