Summary

Rick concentrates his practice in the area of commercial litigation, with particular emphasis on creditors’ and debtors’ rights litigation, including workouts and prosecution and defense of commercial collection actions, commercial mortgage foreclosures, mechanic’s lien foreclosures, landlord/tenant litigation, construction litigation, receiverships (representing both receivers and secured creditors), bankruptcy litigation, including fraudulent conveyance and preference litigation, lender liability litigation, tax sale appeals, and litigation involving sales, negotiable instruments, banking, and secured transactions under the Uniform Commercial Code.

Over the past thirty-plus years, Rick has prosecuted and defended numerous foreclosure proceedings involving commercial properties of all kinds, including hotels, apartment complexes, office buildings, health care facilities, industrial properties (including a $100 million ethanol plant), condominium projects, agricultural properties, golf courses, gas stations, aircraft, and even the world's largest casino riverboat. 

In addition to prosecuting and defending mechanic’s lien foreclosures, Rick also represents owners, general contractors, subcontractors and suppliers in all aspects of construction law, from contract negotiation to enforcement of claims through both litigation and arbitration.

Rick also has substantial appellate experience, having presented oral arguments on several occasions before the Seventh Circuit Court of Appeals, the Indiana Supreme Court, and the Indiana Court of Appeals, including a case in which the Indiana Court of Appeals sua sponte invited the members of the Commercial and Bankruptcy Law Section of the Indianapolis Bar Association to attend the oral argument for continuing legal education credit. Reported decisions in appeals successfully handled by Rick in those courts, several of which involved issues of first impression under Indiana law, include:

  • Farmers Mut. Ins. Co. v. M Jewell, LLC, 992 N.E.2d 751 (Ind. Ct. App. 2013)
  • Home Federal Sav. Bank v. Ticor Title Ins. Co., 695 F.3d 725 (7th Cir. 2012)
  • Small v. Rogers, 938 N.E. 2d 18 (Ind. Ct. App. 2010)
  • Craig v. Ontario Corp., 543 F.3d 872 (7th Cir. 2008)
  • Irish v. Woods, 864 N.E.2d 1117 (Ind. Ct. App. 2007)
  • S & B Const., LLC v. Old Fort, LLC, 826 N.E.2d 32 (Ind. Ct. App. 2005)
  • Bartle v. Health Quest Realty VII, 768 N.E.2d 912 (Ind. Ct. App. 2002)
  • Aide vs. Chrysler Financial Corp., 699 N.E.2d 1177 (Ind. Ct. App. 1998)
  • Farmers Loan & Trust Co. v. Letsinger, 652 N.E.2d 63 (Ind. 1995)
  • Western Assur. Co., Inc. v. Star Financial Bank, 3 F.3d 1129 (7th Cir. 1993)
  • Rossman v. Dunson, 594 N.E.2d 789 (Ind. 1992)
  • Hvidston v. Eastridge, 591 N.E.2d 566 (Ind. Ct. App. 1992)

Rick is AV Peer Review Rated by Martindale-Hubbell, its highest level of peer recognition for legal ability and ethical standards, has been selected for inclusion in Indiana Super Lawyers for several years, and also is recognized by Best Lawyers in America® for commercial litigation.

Awards

All Service Areas

Education

  • Indiana University - Robert H. McKinney School of Law (1983)
  • Franklin College, B.A. (1980)

Admissions

  • Federal - 7th Circuit Court of Appeals
  • Federal - Northern District of Indiana
  • Federal - Southern District of Indiana
  • State - Indiana

Professional Affiliations

  • Indiana State Bar Association (Member, Trial Lawyers Section)
  • Indianapolis Bar Association (Member, Litigation, Commercial and Bankruptcy Sections)
  • Seventh Circuit Bar Association (Member)

Community Involvement

  • St. Richards Episcopal School (Board Member and Past Chair, Horizons Urban Student Enrichment Program Advisory Board; Past President, Board of Trustees)
  • St. Richards Episcopal School Foundation (Past Secretary; Founding Director)
  • Woodstock Club (Past President, Board of Directors)