Kevin Toner is a trial lawyer with broad first-chair experience defending complex civil litigation. He has tried and arbitrated cases in Indiana, Illinois, Ohio, California, Connecticut and London. Kevin frequently litigates toxic tort, products liability, insurance coverage, construction, contract and other commercial disputes. He also defends premises owners in asbestos personal injury cases and currently manages Faegre Baker Daniels clients' defense of hundreds of asbestos cases pending in trial and appellate courts

In his more than 20 years litigating at Faegre Baker Daniels, Kevin has defended class actions, federal and state securities cases, accounting fraud, environmental, software and antitrust litigation. For plaintiffs, he has pursued construction defect, ERISA, contract, computer software and deceptive trade practices cases.

For both corporate and individual policyholders, Kevin has litigated and arbitrated the full spectrum of first-party and third-party of insurance coverage disputes. He regularly counsels Faegre Baker Daniels' clients in insurance matters. Kevin has performed and supervised insurance coverage audit teams for policyholders, including audits for major insurance companies own coverage assessments.

Kevin has conducted and managed internal corporate investigations involving regulatory compliance and sales practices in the pharmaceutical industry, employee theft, trade secrets and other sensitive investigations. He also regularly counsels clients and speaks to industry groups about their document and electronic information retention practices.

Most Recent Engagements

• Chinese fiberglass products jury trial – San Jose, California
• $15 million "key man" life insurance claim – Indianapolis
• Products liability claim against Pennsylvania steel broker
• Defend asbestos premises liability claims against electric utility
• Deceptive sales practices class action
• Defend CERCLA and underground storage tank act claims

Other Accomplishments and Reported Cases

• Arbitrated commercial liability insurance coverage dispute in London, England, against Bermuda insurer
• Challenged Center for Disease Control and HCFA for violations of Federal Advisory Committee Act
• Spearheaded 510(k) applications through FDA for audio integrated training and safety syringe devices
• PSI Energy Indiana, Inc. v. Roberts (Ind. 2005) – asbestos premises liability
• Town of Ogden Dunes v. Bethlehem Steel Corp., 966 F. Supp. 850 (N.D. Ind. 1998) – Lake Michigan beach erosion
• American States Ins. Co. v. Kiger, 662 N.E. 2d 945 (Ind. 1996) – commercial insurance coverage for environmental liabilities
• Stransky v. Cummins Engine Co., Inc., 51 F.3d 1329 (7th Cir. 1995) – securities fraud class action
• Stamatio v. Hurco Companies, Inc., 892 F. Supp. 1190 (S.D. Ind. 1995) – securities fraud class action
• Supporters to Oppose Pollution, Inc. v. The Heritage Group, 760 F. Supp. 1338 (N.D. Ind. 1991), aff'd, 973 F.2d 1320 (7th Cir. 1992) – RCRA citizens suits
• Perry v. Eastman Kodak Company, 962 F.2d 10 (7th Cir.), cert. Denied, 506 U.S. 974 (1992) – securities fraud class action
• Coca-Cola Bottling Co. of Portland, Ind., Inc. v. Citizens Bank of Portland, 583 N.E. 2d 184 (Ind. App. 1991) – bond trustee liability
• Kaken Pharmaceutical Co., Ltd. v. Eli Lilly and Company, 737 F. Supp. 510 (S.D. Ind. 1989) – contract and patent dispute concerning research samples

Honors

• Benchmark Litigation — Civil Litigation and Commercial Litigation
• Litigation Counsel of America Trial Lawyer Honor Society — Fellow
• Indianapolis Bar Foundation — Distinguished Fellow
• Indiana Super Lawyers — Civil Litigation Defense
• Harvard Environmental Law Review — Assistant Editor
• Phi Beta Kappa

Professional Associations

• Defense Research Institute
• Defense Trial Counsel of Indiana — Business Litigation Steering Committee, Insurance Coverage, Products Liability
• Seventh Circuit Bar Association
• Indianapolis Bar Association

Recent Presentations and Publications

• E-Discovery – DTCI Annual Meeting
• Products Liability Litigation Primer – DTCI Business Litigation Seminar
• Law of the Internet – National Business Institute
• E-mail and Document Retention – ISBA, Utilities Law Section
• Commercial Law of the Internet – Indianapolis Bar Association
• Commercial Litigation for Paralegals – Indianapolis Paralegals Association

Podcast

• "E-Discovery Tips by Experts: First-Time E-Discovery Clients," with Monica Latin, Kevin Toner and Greg Krabacher, ESI Bytes, August 6, 2009