Irwin is the managing partner of Cohen & Malad, LLP and has practiced with the firm since 1978. While his practice is concentrated in the areas of class actions , mass torts and commercial litigation, Irwin was one of the lead counsel in the Indianapolis Ramada Inn/United States Air Force crash litigation and the Greenwood air crash disaster, among other prominent cases. He has been counsel in a wide array of class actions including securities fraud, insurance and consumer protection throughout the United States, and has actively litigated in major drug and medical device cases.
Irwin was lead counsel in two class action cases against the Indiana Bureau of Motor Vehicles for overcharging millions of Indiana citizens. The first case involved illegal overcharges for certain driver’s licenses which settled for $30 million. The subsequent case against the BMV involved overcharges not covered by the initial case. That case was tried and Irwin was lead trial counsel. After trial, the BMV settled the case for $59 million. Irwin was also class counsel in a case, settled for $15 million, against the Indiana Department of Children’s Services for failing to pay legally required subsidies to parents who adopted children from foster care.
Irwin was also Co-Lead Counsel in two major antitrust cases against the concrete industry. In central Indiana, the litigation resulted in a certified class and $59 million in settlements. In Iowa, the litigation successfully settled for $18 million. He was also selected by the Indiana Department of Insurance to represent it in claims against those responsible for the demise of the Indiana Construction Industry Trust. Through settlements and trial, the litigation collected over $24 million, exceeding the $18 million of actual claims. The case included a $17.99 million jury verdict, affirmed on appeal, in a legal malpractice action against the Trust’s lawyers and a $16.5 million settlement of the bad faith claim against the lawyers’ insurance carrier.
In 1996, Irwin was counsel in the first class action case against Swiss Banks on behalf of Holocaust survivors. He and other lawyers from Cohen and Malad, LLP took a hands-on role in both the factual investigation of archived materials stored in the U.S. National Archives and the legal work before the Court. In 1997, the Swiss Bank litigation was consolidated before a U.S. District Court judge, who appointed an executive committee composed of 10 lawyers from around the nation to manage the litigation. Irwin was one of the ten chosen. On this committee, he continued to play a significant role in the litigation, researching many of the unusual legal issues presented by this unique litigation and preparing briefs submitted to the Court. Irwin also played a significant role in the lengthy negotiations that culminated in the $1.25 billion settlement presented to the Court. Through his expertise in class action litigation, and the settlement of such complex cases, he also has been able to provide valuable insights into the unprecedented task of notifying Holocaust survivors around the world of this historic settlement.
Irwin also participated in numerous other Holocaust-related cases against German banks and corporations that stole the assets and labor of Holocaust victims. Cases against German banks successfully sought to recover the assets of Holocaust victims confiscated by the Nazis; cases against leading German industrial enterprises – many of which are household names today – successfully sought to recover the value of the slave labor those companies extracted from the bodies of concentration camp inmates.
In addition to these cases, Mr. Levin also prosecuted a class action lawsuit filed against Bayer AG brought by an Indiana resident who was subjected to medical experiments at the hands of the infamous Josef Mengele involving chemicals supplied by Bayer and other German pharmaceutical companies.
Irwin provides information regarding Holocaust-related litigation in this video.
Irwin has been named one of the Top 10 Super Lawyers in Indiana in 9 of the past 11 years, including the last 5 years.
Marion County Circuit Court, Judge Pro Tempore, 1979
Marion County Circuit Court, Master Commissioner, 1978
- Class Action
- Mass Torts
- Pharmaceutical Drug & Medical Device
- Commercial Litigation
Education and Awards
J.D., Indiana University School of Law, Indianapolis, 1978
B.A., Political Science, Indiana University, Indianapolis, 1974
- Honors: Cum laude
HONORS & AWARDS
Indiana Super Lawyers, Thomson Reuters 2004-2021; voted Top 10 ranking 2008-2012 & 2014, 2016-2021; voted Top 50 ranking 2013 & 2015
Hoosier Freedom Award, Indiana Trial Lawyers Association, 1998
Consumer Advocate of the Year Award, Indiana Trial Lawyers Association, 2013
Chambers USA: Class Action Litigation, Band 1
Indiana Local Litigation Star, Benchmark Plaintiffs– 2013 – 2015, Class Action Litigation
Distinguished Alumni Award, Indiana University School of Law, 2002
Best Lawyers, Woodward/White Inc., — Mass Tort Litigation / Class Action, Plaintiffs 2015- 2019
Best Lawyers, Woodward/White Inc., — 2016 Lawyer of the Year, Class Action Litigation- Plaintiffs
Class Action Litigation Attorney of the Year Indiana— Corporate INTL Magazine, 2015
PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS
Jewish Federation of North America, National Co-Chair- Joshua Society
Board of Directors of the Greater Indianapolis Progress Committee
Federal Bar Association
Seventh Circuit Bar Association
Indiana Commercial Court Working Group
Indiana State Bar Association
Indianapolis Bar Association
Indiana Trial Lawyers Association
American Association for Justice
- 1996 – 1998 Indianapolis Chairman
Jewish Federation of Greater Indianapolis
- 1996 – 2000, Board Member
- 2006 – present, Vice President
American Israel Public Affairs Committee
- Indiana Chair, AIPAC National Council
- Indiana, 1978
- United States District Court for the Southern District of Indiana, 1978
- United States District Court for the Northern District of Indiana, 2001
- United States Court of Appeals for the Seventh Circuit, 1981
Representative Cases and Lectures
LECTURES & SEMINARS TAUGHT
Multiple seminars and presentations on:
- Complex Litigation
- Class Action Litigation
- Commercial Litigation
- In re: Iowa Ready-Mix Concrete Antitrust Litigation (N.D. Iowa 2011)
- In re: Ready-Mix Concrete Antitrust Litigation (S.D. Ind. 2009)
- Dennerline v Atterholt, 886 N.E.2d 582 (Ind. App. 2008)
- Allgood v. Meridian Sec. Ins. Co., 812 N.E.2d 1065 (Ind. App. 2004)
- Time-Warner Entertainment Co., L.P. v. Whiteman (Ind. 2004)
- Associated Medical Networks, Ltd. v. Lewis (Ind. App. 2003)
- Core Funding Group, LLC v. Young (Ind. App. 2003)
- In re: Austrian, German Holocaust Litigation (C.A.2 N.Y., 2001)
- In re: Nazi Era Cases Against German Defendants Litigation (D.N.J. 2000)
- Winter v. Assicurazioni (S.D.N.Y. 2000)
- In re: Holocaust Victim Assets Litigation (E.D.N.Y. 2000)
- Shelton v. Wick, 715 N.E.2d 890 (Ind. App. 1999)
- Burger-Fischer v. DeGussa Ag., 65 F.Supp. 2d 248 (D.N.J. 1999)
- Stransky v. Cummins Engine Co., Inc. (Fed. Sec. L.Rep., P.98, 668), 51 F.3d 1329, 63 USLW 2656 (C.A.7 1995)
- American Cyanamid v. Stephen, 623 N.E.2d 1065 (Ind. App. 1993)
- Gregory v. Home Insurance Co., 876 F.2d 602, Rico Bus. Disp. Guide 7231 (C.A.7 1989)
Prior results do not guarantee future outcomes. Case results vary dramatically depending on specific facts and circumstances.