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Indiana Premises Liability Attorney document sample
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www.b a ke r da n i e l s. c o m
Kevin M. Toner
PARTNER
kevin.toner@bakerd.com
CONTACT
300 N. Meridian Street
Suite 2700
Indianapolis, Indiana, 46204
T: 317.237.1200
F: 317.237.1000
PRACTICES
• E-Discovery & Record Retention
• Litigation
PROFESSIONAL EXPERIENCE
Kevin Toner is a trial lawyer with broad first-chair experience defending complex civil litigation.
He has tried and arbitrated cases in Indiana, Illinois, Ohio, California, Connecticut and London.
Kevin frequently litigates toxic tort, products liability, insurance coverage, construction,
contract and other commercial disputes. He also defends premises owners in asbestos
personal injury cases and currently manages Baker & Daniels clients’ defense of hundreds of
asbestos cases pending in trial and appellate courts
In his more than 20 years litigating at Baker & Daniels, Kevin has defended class actions,
federal and state securities cases, accounting fraud, environmental, software and antitrust
litigation. For plaintiffs, he has pursued construction defect, ERISA, contract, computer
software and deceptive trade practices cases.
For both corporate and individual policyholders, Kevin has litigated and arbitrated the full
spectrum of first-party and third-party of insurance coverage disputes. He regularly counsels
Baker & Daniels' clients in insurance matters. Kevin has performed and supervised insurance
coverage audit teams for policyholders, including audits for major insurance companies own
coverage assessments.
Kevin has conducted and managed internal corporate investigations involving regulatory
compliance and sales practices in the pharmaceutical industry, employee theft, trade secrets
and other sensitive investigations. He also regularly counsels clients and speaks to industry
groups about their document and electronic information retention practices.
MOST RECENT ENGAGEMENTS
• Chinese fiberglass products jury trial – San Jose, California
• $15 million “key man” life insurance claim – Indianapolis
• Products liability claim against Pennsylvania steel broker
Kevin M. Toner | Attorney Bio | Page 1
www.b a ke r da n i e l s. c o m
• Defend asbestos premises liability claims against electric utility
• Deceptive sales practices class action
• Defend CERCLA and underground storage tank act claims
OTHER ACCOMPLISHMENTS AND REPORTED CASES
• Arbitrated commercial liability insurance coverage dispute in London, England, against Bermuda
insurer
• Challenged Center for Disease Control and HCFA for violations of Federal Advisory Committee Act
• Spearheaded 510(k) applications through FDA for audio integrated training and safety syringe
devices
• PSI Energy Indiana, Inc. v. Roberts (Ind. 2005) – asbestos premises liability
• Town of Ogden Dunes v. Bethlehem Steel Corp., 966 F. Supp. 850 (N.D. Ind. 1998) – Lake
Michigan beach erosion
• American States Ins. Co. v. Kiger, 662 N.E. 2d 945 (Ind. 1996) – commercial insurance coverage
for environmental liabilities
• Stransky v. Cummins Engine Co., Inc., 51 F.3d 1329 (7th Cir. 1995) – securities fraud class action
• Stamatio v. Hurco Companies, Inc., 892 F. Supp. 1190 (S.D. Ind. 1995) – securities fraud class
action
• Supporters to Oppose Pollution, Inc. v. The Heritage Group, 760 F. Supp. 1338 (N.D. Ind. 1991),
aff’d, 973 F.2d 1320 (7th Cir. 1992) – RCRA citizens suits
• Perry v. Eastman Kodak Company, 962 F.2d 10 (7th Cir.), cert. Denied, 506 U.S. 974 (1992) –
securities fraud class action
• Coca-Cola Bottling Co. of Portland, Ind., Inc. v. Citizens Bank of Portland, 583 N.E. 2d 184 (Ind.
App. 1991) – bond trustee liability
• Kaken Pharmaceutical Co., Ltd. v. Eli Lilly and Company, 737 F. Supp. 510 (S.D. Ind. 1989) –
contract and patent dispute concerning research samples
HONORS
• Benchmark Litigation
• Litigation Counsel of America Trial Lawyer Honor Society — Fellow
• Indianapolis Bar Foundation — Distinguished Fellow
• Indiana Super Lawyers — Civil Litigation Defense
• Harvard Environmental Law Review — Assistant Editor
• Phi Beta Kappa
PROFESSIONAL ASSOCIATIONS
• Defense Research Institute
• Defense Trial Counsel of Indiana — Business Litigation Steering Committee, Insurance Coverage,
Products Liability
Kevin M. Toner | Attorney Bio | Page 2
www.b a ke r da n i e l s. c o m
• Seventh Circuit Bar Association
• Indianapolis Bar Association
RECENT PRESENTATIONS AND PUBLICATIONS
• E-Discovery – DTCI Annual Meeting
• Products Liability Litigation Primer – DTCI Business Litigation Seminar
• Law of the Internet – National Business Institute
• E-mail and Document Retention – ISBA, Utilities Law Section
• Commercial Law of the Internet – Indianapolis Bar Association
• Commercial Litigation for Paralegals – Indianapolis Paralegals Association
PODCAST
• "E-Discovery Tips by Experts: First-Time E-Discovery Clients," with Monica Latin, Kevin Toner and
Greg Krabacher, ESI Bytes, August 6, 2009
EDUCATION
• Harvard Law School, J.D., 1986
• Indiana University - Bloomington, A.B., summa cum laude, 1983
BAR ADMISSIONS
• Indiana, 1986
• Arizona, 2000
COURT ADMISSIONS
• U.S. District Court for the Northern District of Indiana, 1986
• U.S. District Court for the Southern District of Indiana, 1986
• U.S. Court of Appeals for the Seventh Circuit, 1991
• U.S. District Court for the District of Arizona, 2000
Kevin M. Toner | Attorney Bio | Page 3
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