Kelley J. Johnson
Partner Kelley Johnson has a diverse litigation practice. She is an experienced jury trial lawyer and has handled cases in medical malpractice business litigation, and appellate law. Kelley’s expertise in medical malpractice litigation includes representing over 280 clients in litigation against former ENT physician Mark S. Weinberger. (link to sinus surgery page). These claims involved patient abandonment, informed consent, unnecessary surgery, and negligence.
Kelley also represents clients ranging from small businesses and corporations to individuals in their business and commercial litigation matters. She has litigated claims involving violations of non-compete agreements, employee discrimination, and breach of contract and fiduciary duty. Kelley’s work also includes litigation of insurance coverage disputes involving wrongful denial of payment, which is also called insurance bad faith.
Kelley has an active appellate law practice and has tried cases in the Indiana Court of Appeals and the Indiana Supreme Court. She has written briefs in the United States Court of Appeals for the Seventh Circuit and the Michigan Court of Appeals.
J.D., Indiana University School of Law - Indianapolis, 2005
BS, Apparel Design and Technology, Purdue University, West Lafayette, Indiana, 1992
AAS, Fashion Design, Fashion Institute of Technology, New York City, 1991
Jurisdictions Admitted to PracticeIndiana, 2005
U.S. Court of Appeals, 7th Circuit, 2007
U.S. District Court, Northern District of Indiana, 2005
U.S. District Court, Southern District of Indiana, 2005
Professional & Bar Association Memberships
American Bar Association
Member Since: 2005
Indiana State Bar Association
Member Since: 2005
Indianapolis Bar Association
Member Since: 2001
- First Vice President, 2011
- President-Elect, 2012
- President, 2013
- Member Annual Dinner and Auction Committee - 2007 to present
- Chair Annual Dinner and Auction Committee, 2010-2011
Sagamore American Inn of Court
Associate Member, 2008-2009
Indianapolis American Inn of Court
Member Since: 2012
Barrister Since 2012
Indiana Trial Lawyers Association
Member Since: 2012
Business and Commercial Litigation
Kelley is directly responsible for managing each litigation file, including communication with the client, opposing counsel, and local counsel, if available. Kelley is intricately involved in the discovery process and has taken and defended several depositions. Kelley has also prepared numerous motions and briefs and has argued dispositive hearings both in and out-of-state. In addition, Kelley has served as local counsel for national companies. Kelley's business and commercial litigation practice includes the following recent experiences:
- Represented employers seeking preliminary and permanent injunctions against former employees violating non-competition agreements.
- Represented professional athlete seeking preliminary and permanent injunction against school using his name without authorization.
- Represented national manufacturer in the defense of products liability cases.
- Represented employers defending discrimination and retaliation claims from former employees.
- Represented an insurance company in several cases throughout United States in the defense of claims for breach of contract, negligence, and fiduciary duty.
- Represented chiropractors in the defense of alleged claim for breach of contract. Settled case with money paid to defendant clients.
- Represented physician in the defense of revocation of privileges hearing in front of medical executive committee of hospital.
- Represented physician in the defense of alleged breach of recruitment agreement.
- Represented homeowner against builder for construction defect that caused sloping of floor.
- Served as local counsel for national manufacturer in products liability cases.
Kelley maintains an active appellate practice assisting on briefs in the Indiana Court of Appeals and Indiana Supreme Court. She has also assisted on briefs in the 7th Circuit and Michigan Court of Appeals. Kelley's appellate practice includes the following recent experiences:
- Keesling v. Beegle, 858 N.E.2d 980 (Ind. Ct. App. 2007), opinion affirmed in part, vacated in part by Keesling v. Beegle, 880 N.E.2d 1201 (Ind. 2008) - represented investor plaintiffs in securities fraud and RICO action against sales representatives and recruiters who sold plaintiffs payphones in a ponzi scheme.
- Charter One Mortgage Corp. v. Condra, 847 N.E.2d 207 (Ind. Ct. App. 2006), opinion vacated by Charter One Mortgage Corp. v. Condra, 865 N.E.2d 602 (Ind. 2007) - represented plaintiff in class action against operating subsidiary of national bank alleging that fee charged for preparation of deed and mortgage violated state law.
- Williams v. Tharp and Papa John's U.S.A., Inc., 889 N.E.2d 870 (Ind. Ct. App. 2008), opinion vacated by Williams v. Tharp and Papa John's U.S.A., Inc., 914 N.E.2d 756 (Ind. 2009) - represented plaintiffs in action against pizza restaurant and its employee for defamation, false imprisonment, negligence, and intentional infliction of emotional distress after police officers detained customers in handcuffs after false report that one of the customers had pulled a gun in restaurant.
Prior results do not guarantee future outcomes. Case results vary dramatically depending on specific facts and circumstances.
Featured Pro Bono Activities
- Represented individual in death benefits claim against insurance company after insurance company refused to pay claim after suicide.
- Vickers v. Stoops - Represented prisoner in excessive force civil rights claim against anonymous police department after police department allegedly allowed K-9 dog to bite plaintiff after plaintiff was subdued.
- Civil Legal Assistance Program Pro Bono Committee, 2009
- Indianapolis Bar Association Ask A Lawyer program
- Indianapolis Bar Association Legal Line program.
Awards & Honors
Leadership in Law "Up & Coming" Lawyer, Indiana Lawyer Newspaper- 2009
Bar Leader Series Class VI Graduate, Indianapolis Bar Association, 2008-2009
- Volunteer Wish Grantor, Make-A-Wish Foundation
- Reader of Liturgical Word at St. Alphonsus Church, Zionsville, Indiana