Our Experience

Experience and Results

While past success is no guarantee of future success, experience does matter.

Here’s a collection of recent cases that demonstrate the breadth of our experience and the results we’ve achieved for previous clients.

Indiana Rules of Professional Conduct prohibit attorneys from sharing specific information about their cases, especially confidential settlements. As officers of the court, we take that responsibility seriously. As people, we’re also guided by a personal respect for our client’s privacy—many of whom are trying to put their lives back together after difficult or tragic circumstances. For these reasons, specific settlement amounts may not be included below.
Drowning on Low-Head Dam. A wonderful husband and father of three was killed when his kayak was pulled over a low-head dam. These dams are often referred to as “Drowning Machines,” yet there were no warning signs or other safety measures in place to protect recreational users of the river to prevent this foreseeable and preventable tragedy. The attorneys at Pavlack Law aggressively pursued a claim against the dam’s owner and secured a very substantial settlement that will provide a lifetime of financial security for the family.

Concrete Price-Fixing Claim for Indianapolis Contractors Results in Over $59 Million in Settlements. It is illegal for competitors to coordinate and artificially inflate their prices, but that’s exactly what 7 Indianapolis-area ready-mix concrete companies did, costing contractors and consumers. Eric Pavlack was one of the lead attorneys in a massive class-action antitrust case against the concrete companies. After obtaining a class certification order from the United States District Court for the Southern District of Indiana, we negotiated settlements with the crooked companies totaling over $59 Million, which returned money to thousands of contractors.

Concrete Price-Fixing Claim for Iowa Contractors Results in Over $19 Million in Settlements. Concrete companies in western Iowa hatched a scheme to fix prices similar to that in Indianapolis. Eric Pavlack again acted as one of the lead attorneys for the contractors. The Court certified a class action and we negotiated settlements totaling over $19 Million.

Shoulder Injury from Fall at Meijer Results in Significant Jury Verdict. Our client was shopping at Meijer when she tripped over an empty and inconspicuous “end-cap,” injuring her shoulder. The lawyers for Meijer refused to settle, even though the empty endcap violated their store policies and posed a recognizable danger. The attorneys at Pavlack Law tried the case to a jury, which returned a verdict of $275,000.

Jail Death from Heart Attack. A young father was arrested for a petty theft and temporarily detained in county jail. Despite showing obvious signs of cardiac arrest, he was denied proper medical care. Even after going into full cardiac arrest on the concrete floor of his cell, jail guards took no action for hours, and the man died. The attorneys at Pavlack Law represented the man’s family and young children, and negotiated substantial settlements on their behalves.

Small Startup Wins Big Against Fortune 500 Company. Eric Pavlack was one of the lead attorneys for the plaintiff in this David vs. Goliath case. The plaintiff, a small Carmel, Indiana startup had developed ground-breaking technology. To bring it to market, they partnered with a Fortune 500 who attempted to steal the technology. Successfully proving a breach of contract, Eric and his team secured an enormous settlement for the plaintiff.

Patent infringement by Industry Giant. Pavlack Law represented a small company with a patented device used to train batting for baseball players. As the product was gaining widespread popularity among everyone from little-leaguers to MLB pros, a sporting equipment industry giant went to market with an identical device, infringing on our client’s patent rights. Pavlack Law successfully secured a settlement for the company whose patent rights were infringed.

Jury verdict for back injury after being rear-ended. A healthy young woman was riding in her parents’ car after a Sunday brunch when their car was rear-ended. As a result of the accident, she suffered a painful bulging disc in her spine. The negligent driver’s insurance company refused to fairly compensate for its client’s admitted negligence, so Pavlack Law tried the case to a jury that returned a verdict of $155,000— five times the amount offered in settlement negotiations.

Drowning on Low-Head Dam. Three teenagers were badly injured, two fatally, when they were sucked over a low-head dam in southern Indiana. Pavlack Law represented the father of one of the teenage boys who died and secured multiple, substantial settlements against various governmental agencies who owned and/or controlled the dam.

Consumer Class Action for Unlawful Fees Against Time Warner Entertainment Company. Recovered multi-million dollar settlement for cable subscribers who were charged unlawful late fees.

Consumer Class Action for Unlawful Fees Against Comcast Cable Company. Recovered multi-million dollar settlement for cable subscribers who were charged unlawful late fees.

Consumer Class Action for Violations of the Federal Telephone Consumer Protection Act. Eric Pavlack represented consumers in multiple cases involving Federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, which makes it illegal for companies to send unsolicited fax advertisements, often called “Junk Faxes”. Examples include:
  • Kenro, Inc. v. APO Health. Settlement involved creation of a common fund of $4.5 million and
    provided benefits to class members of up to $500 for each unsolicited fax advertisement received.
  • Kenro, Inc. and Gold Seal Termite and Pest Control Company v. PrimeTV, LLC, and DirecTV, Inc.
    Settlement provided class members benefits in excess of $500 million.

Class Action Against Health Insurance Company that Denied Treatments to Critically Ill Patients. Eric Pavlack represented Class of individuals who were insured by National Foundation Health Insurance Company when they were denied cancer treatments and other benefits due to improper exclusions for pre-existing conditions. Settlement provided over 85% recovery of the wrongfully-denied benefits.
DISCLAIMER: Verdicts and awards are presented here for informational purposes only and do not guarantee similar results. The facts of each legal case differ. Future verdicts or results cannot be predicted or guaranteed based on prior results. (IN. Rules of professional conduct 7.1, 7.2)