Ronald J. Waicukauski

Principal Member

Overview

Ronald Waicukauski is a principal member and an active trial lawyer at the Indianapolis-based plaintiffs’ litigation firm, Price Waicukauski Joven & Catlin, LLC. His practice focuses on plaintiffs’ complex litigation including matters involving business disputes, property rights, professional malpractice, and class actions.

He has tried more than seventy jury cases to verdict as lead counsel in both state and federal courts. He has also argued numerous appellate cases in the Indiana Court of Appeals, the Indiana Supreme Court, and the U.S. Court of Appeals for the Seventh Circuit.

Ron formerly served as a JAG and Captain in the U.S. Marine Corps and as the elected Prosecuting Attorney in Monroe County, Indiana. He graduated with a B.S in Communication, cum laude, from Northwestern University in 1970, a J.D. from Harvard University in 1973, and a LL.M. degree, summa cum laude, from George Washington University in 1976.

He has taught trial and appellate advocacy at the Indiana University Schools of Law in Bloomington and Indianapolis, and served on the faculty of the National Institute of Trial Advocacy and the Defense Counsel Trial Academy.

Since 2004, Ron has been a regular speaker at the Indianapolis Law Club on recent developments in Indiana law. In addition, Ron has made numerous CLE presentations at meetings of the American Bar Association, the Indiana State Bar Association, and many other legal organizations.

Education

  • J.D., Harvard University
  • LL.M. summa cum laude, George Washington University
  • B.S., cum laude, Northwestern University

Bar Admissions

  • Indiana, 1973
  • U.S. Court of Appeals 7th Circuit, 1977
  • U.S. District Court Northern District of Indiana
  • U.S. District Court Southern District of Indiana, 1977
  • U.S. Supreme Court

Awards & Distinctions:

Publications

  • Alternatives to the Billable Hour, Primerus Paradigm (Winter 2011)
  • The Twelve Secrets of Persuasive Argument (2009 ABA), Co-Author
  • The Winning Argument (2001 ABA), Co-Author
  • Classical Rhetoric and the Modern Trial Lawyer, Litigation (Winter 2010), Co-Author
  • Ethos and the Art of Argument, Litigation (Fall 1999), Co-Author
  • Learning the Craft, Litigation (Spring 1998)
  • Law and Amateur Sports (Ind. Univ. Press 1982), Editor and Contributing Author

Community

Ron has served as Chair of the Continuing Legal Education Board of the International Association of Defense Counsel, as President of the Indianapolis American Inn of Court, as Co-chair of the Training the Advocate Committee, Litigation Section, American Bar Association and as Chair of the Pre-Suit Mediation Task Force of the Indiana State Bar Association. He formerly was a lawyer and Captain in the U.S. Marine Corps and served as the elected Prosecuting Attorney in Monroe County, Indiana.

Representative Cases

  • Fisher v. Virginia Elec. and Power Co., 217 F.R.D. 201 (E.D.Va. 2003)—Represented class of landowners in suit against power company for exceeding scope of easements by using land for commercial fiber optic network; after class was certified, matter was settled for $20 million.
  • Viastar Energy v. Motorola, 2006WL3197449 (S.D. Ind. 2006)—Represented plaintiff on claims for breach of express and implied contract involving product development; case settled for confidential amount.
  • Lite Machines v. Clary (2006)—Represented plaintiff in legal malpractice case, resulting in jury verdict of $3.6 million, affirmed on appeal.
  • Arlton v. Schraut. 936 N.E.2d 831 (Ind. Ct. App. 2010)—Represented plaintiff in medical malpractice case; after obtaining appellate reversal of initial trial court decision, obtained settlement of over $1,000,000.
  • Hayes Lemmerz Intern., Inc. v. Law Firm (2011)—Represented plaintiff in legal malpractice case, resulting in judgment for substantial damages following bench trial; matter settled on appeal for confidential amount.
  • Zukerman v. Montgomery, 945 ZN.E.2d 813 (Ind.Ct.App. 2011)—Represented real estate investor in dispute with business partner; obtained reversal of trial court ruling that erroneously enforced a settlement contract , the terms of which were not reasonably certain.
  • Wabash Center v. Accounting Firm (2012)—Represented nonprofit agency for the developmentally disabled in accounting malpractice claim; after lengthy litigation, matter was settled for confidential amount.
  • Armour v. City of Indianapolis, 132 S.Ct. 2073 (2012)—Represented plaintiff homeowners in Section 1983 claim against the City of Indianapolis for violating Equal Protection Clause with respect to unequal forgiveness of sewer assessment.
  • Wine & Canvas v. Muylle (2014)—Represented defendant/counterclaimant in trademark infringement case and obtained jury verdict of no liability on plaintiff’s trademark claims and won judgment of $446,000 on counterclaim for abuse of process.
  • Zimmer v. Masters, 2014 WL1317090 (N.D. Ind. 2014)—Represented orthopedic sales reps; successfully resisted preliminary injunction sought by manufacturer to enforce noncompetition agreement.
  • Finnegan v. Myers (2015)—Represented five family members in federal civil rights case against Indiana Department of Child Services officials and others who had abused their power, causing enormous harm; after a three-week trial, jury returned a $31,350,000 verdict for the Finnegan family.
  • Auto accident with soft tissue neck injury (2016)—Represented plaintiff in intersection collision with soft tissue neck injury; three day jury trial resulted in verdict of $519,250 which was paid promptly after verdict.
  • Gumwood v. Simon Property Group (2018)—Represented shopping center developer in antitrust suit against world’s largest shopping center owner; after three-week trial, jury returned a verdict in favor of our client; case was then settled for confidential amount.
  • Barfield v. Sho-Me Power (2018)—Represented class of Missouri landowners trespass claims on 800 miles of right of way being used for commercial telecommunications without proper easements; jury trial in 2015 resulted in $79 million verdict that was set aside by 8th Circuit; a second jury trial in 2018 resulted in a $130.5 million verdict was set aside by the district court; the parties settled later in 2018 for $25 million.
  • Truck Accident with Traumatic Brain Injury (2019)—Represented plaintiff in lawsuit against a large corporation after plaintiff was rear-ended by commercial truck on state highway; case was settled for confidential amount.
  • Legal malpractice with Underlying Medical Malpractice (2019)—Represented plaintiff who had medical malpractice claim that was lost due to untimely filing; case was settled for confidential amount.
  • Minority Shareholder Representation—Represented minority shareholders in several matters involving disputes with majority shareholders for claims of breach of fiduciary duty and freeze outs, which have resulted in settlements by corporate divorce.
  • Other Legal Malpractice Cases—Represented numerous other individual and corporate defendants on legal malpractice claims that have resulted in confidential settlements.

Speaking Engagements

  • Updates on Indiana Law, Indianapolis Law Club, 2004-Current (4x per year)
  • Class Actions: New Rules, New Decisions and Their Implications for Indiana Lawyers, Bench Bar Conference of the Indianapolis Bar Association, 2004
  • Trying the Catastrophic Injury Case, ICLEF, 2003 (Seminar Chair)
  • Battle of the Titans: Daubert Hearing, DTCI, 2000
  • The Art of Argument, ABA, 1998
  • Trial Advocacy, I.U. School of Law-Indianapolis, 1987-1990 (Adjunct Faculty)
  • Trial Advocacy Skills Workshop, NITA, 1986 – 1989

Memberships & Associations

  • Indianapolis American Inn of Court  (President 1997-1999)
  • American Bar Association, Litigation Section  (Co-Chair, Training the Advocate Committee 1996-1999)
  • Indiana State Bar Association (Chair, Pre-Suit Mediation Committee 1994-1997)
  • Indianapolis Bar Association
  • Indiana Trial Lawyers Association
  • Indianapolis Law Club

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