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Indiana Premises Liability Attorney

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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




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                                          • 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




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                                          • 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




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