jhmJAMES H. MILSTONE
Managing Partner
Indianapolis, IN

P: 317.818.1360
F: 317.818.1390
jhmilstone@kopkalaw.com

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James H. Milstone has been practicing law in Indiana since 1989 with a primary focus on civil litigation. He has handled matters including product liability, trucking, construction, bankruptcy, environmental, employment, civil rights, insurance coverage, first-party coverage disputes, alleged bad faith, and general commercial litigation. He has also been serving as the town attorney for the Town of Lakeville, Indiana since 2009. Jim also has handled numerous appeals in both the state and federal court systems, litigating in the Seventh Circuit Court of Appeals as well as the Indiana Court of Appeals and Supreme Court. He has considerable experience with bankruptcy and creditors’ rights litigation. He defends claims under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, and has defended class action litigation.

In 2016, Jim was awarded the Martindale-Hubbard® Top Rated Lawyer in Construction Law for Ethical Standards and Legal Ability. Jim has also served as a mediator and arbitrator in several cases including bankruptcy, tort litigation, insurance coverage and mortgage foreclosures. He has served as a federal arbitrator for the Federal Emergency Management Agency (FEMA). Jim has been an advocate at more than 300 cases, including pre-filing and post-judgment mediations and has appeared in both state and federal court.

TRIAL AND CASE HIGHLIGHTS

  • Handled 30+ Trials
  • Average settlement 25% less than demand
  • Demands as high as $4,000,000
  • Saves hundreds of thousands of dollars for clients by getting the right people to the scene and negotiating quickly

APPELLATE OPINIONS

  • Dietz v. Finlay Fine Jewelry Corp., 754 N.E.2d 958 (Ind. Ct. App. 2001)
  • Consolidation Service, Inc. v. KeyBank National Ass’n, 29 F. Supp. 942 (N.D. Ind. 1998)
  • Jones v. Royalton Food Services Equipment Co., 1998 U.S. Dist. LEXIS 1781 (N.D. Ind. Sept. 15, 1998)
  • In re Pruitt, 203 B.R. 134 (Bankr. N.D. Ind. 1996).
  • Azko Coatings v. Aigner Corp., 960 F. Supp. 1354 (N.D. Ind. 1996)
  • United States v. McGill, 32 F.3d 1138 (7th Cir. 1994)
  • Biggerstaff v. Clark, 999 F.2d 1153 (7th Cir. 1993).
  • In re Federal Press Co., 117 B.R. 942 (Bankr. N.D. Ind. 1990)
  • First National Bank v. Gabonay, 562 N.E.2d 719 (Ind. 1990)
  • In re Belt, 1066 B.R. 553 (Bankr. N.D. Ind. 1989)
  • In re General Microcomputer, Inc., 118 B.R. 96, 13 UCC Rep. Serv. 2d 162 (Bankr. N.D. Ind. 1989).
  • In re Elcona Homes Corporation., 863 F.2d 483, 57 U.S.L.W. 2318 (7th Cir. 1988).

MEMBERSHIPS
American Bar Association (Alternative Dispute Committee)
American Bankruptcy Institute
Defense Research Institute
Elkhart City Bar Association
Indiana State Bar Association
7th Circuit Bar Association
Indiana Motor Truck Association (Board of Directors)

ADMISSIONS
Indiana
Supreme Court of the State of Indiana
U.S. Seventh Circuit Court of Appeals
U.S. District Courts for the Northern and Southern District of Indiana
U.S. Bankruptcy Courts for the Northern and Southern Districts of Indiana
U.S. Tax Court

EDUCATION
Valparaiso University School of Law, J.D.
Marquette University, B.A.

PRESENTATIONS

  • Punitive Damages: How to Combat the Latest Nuances Plaintiffs Are Using to Make the Case, American Conference Institute?s Defending and Managing Trucking Litigation Conference, Chicago, IL (2011).
  • Attacking Excessive Medical Treatment in Indiana After Sibbing, KPD National Webinar (2010).
  • Trial Tactics, ABA Law Student Division (2010).
  • Radio Guest: WTRC 1340AM, At Your Service, Elkhart, Indiana
  • Commercial Lending in Indiana, National Business Institute, South Bend, Indiana (2001)
  • Successful Judgment Collections, National Business Institute, South Bend, Indiana (1999 + 2000)
  • Complying With the Fair Debt Collection Practices Act, National Business Institute, South Bend, Indiana (1998)
  • Problem Collections, National Business Institute, South Bend, Indiana (1992)
  • Foreclosure and Bankruptcy Seminar”, National Business Institute, South Bend, Indiana (1991)

PUBLICATIONS