Joseph H. Langerak

BIOGRAPHY
Phone: (812) 422-9444 | Fax: (812) 421-7459 | Email: jhlangerak@jacksonkelly.com
221 NW Fifth Street, Evansville, IN 47708


Joseph H. Langerak is a Member in the Firm's Evansville, Indiana, office. He practices with the Commercial Law Practice Group. Mr. Langerak concentrates his practice in the areas of business and commercial litigation with emphasis on business and commercial transactions, real estate, banking and finance and bankruptcy and creditor rights. He also advises clients in matters of construction law.

Mr. Langerak works with companies ranging from small businesses to major corporations in litigation arising from contracts, business dealings, creditor’s rights and construction law matters. He has brought cases to jury verdict in multiple states and regularly practices in appeals in federal and state courts. He frequently serves commercial land owners, retail shopping center owners and operators, contractors, design-builders, subcontractors, and vendors in matters ranging from construction claims, commercial leasing disputes, contract breach actions, and contract negotiations and drafting.

Specific examples of Mr. Langerak’s banking and finance work include:

 

  • Lead defense counsel for a bank and argued before the court of appeals where mechanic’s lien holders brought claims of unjust enrichment directly against the bank, among other allegations
  • Counsel to bank involving liquidation of all assets of multi-state construction company
  • Counsel to lender in case involving claims for breach of fiduciary duty, unlawful network access, unlawful alteration and conversion against its former Bank Secrecy Act Officer where employee destroyed or deleted substantial data on bank networks
  • Counsel to financial institution involving the default of a boat building company which led to litigation across multiple states in dealing with a credit facility that was collateralized by intellectual property, real estate and marine equipment

Specific examples of Mr. Langerak's construction law work include:
 

  • Tried case to judgment for commercial building general contractor involving truss engineering defects
  • Draft new terms and conditions relating to remediation scopes of work for construction company client for use in multiple states
  • Resolve claims brought by environmental containment client against gas station owner in connection with a diesel spill related to an underground lift station
  • Tried case to judgment for commercial building general contractor involving allegations of improper construction revolving primarily around HVAC and concrete work
  • EIFS building envelope defect litigation with hotel owner on behalf of prime contractor

Specific examples of Mr. Langerak’s commercial real estate work include:
 

  • Oversee commercial tenant evictions in jurisdictions across the eastern United States, including removal of restaurants, multinational  department stores, clothing retail stores, discount retailers, professional offices, jewelers, personal service retailers, printers and book stores,  among others
  • Represent developer in lawsuit regarding recapture of real estate pursuant to recorded covenants, including recovery of attorney fees
  • Litigate exclusive use provisions among national chain tenants and landlord resulting in favorable resolution
  • Litigation with large restaurant tenant resulting in collateralization of lease with real estate ultimately netting several hundred thousand dollars  for client through collateral disposition
  • Negotiate build-outs for landlord and tenants, small and large
 
Legal Experience
 
2014 - PresentJackson Kelly PLLC
2005 - 2014Rudolph, Fine, Porter & Johnson, LLP
2004United States Attorney's Office for the Northern District of Indiana, Law Clerk
 
Education
 
2005J.D.Valparaiso University School of Law
2002B.S.Aquinas College (Business Administration)
 
Bar Admissions
 
2006Kentucky
2005Indiana
 
Court Admissions
 
U.S. District Court, Southern District of Indiana
U.S. District Court, Northern District of Indiana
U.S. District Court, Western District of Kentucky
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Michigan
U.S. District Court, Northern District of Illinois
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Seventh Circuit

Professional Involvement:
  • Evansville Bar Association, Board Member
  • High School Mock Trial Program, Former Chair
  • Access to Justice Committee, Chair
  • Evansville Bar Association Young Lawyers Section, Former Chair
  • Evansville Bar Foundation, Former Board Member
  • Indiana Bar Association
  • Kentucky Bar Association
  • Defense Trial Counsel of Indiana, Business Litigation Executive Committee Member
  • Brooks American Inns of Court

Community:
  • 4C of Southern Indiana, Inc., Former Board Chairman
  • Evansville ARC, Inc., Board and Executive Committee Member, Chairman
  • Access to Justice Committee, Chairman

Teaching and Lecturing:
  • "Spoliation of Evidence and Electronic Discovery" presented to the Evansville Bar Association In-house Counsel Section, May 2011
  • “Proper Foreclosure Procedures in Light of Recent Indiana Statutes and National Trends” presented in conjunction with the Evansville Bar Association, March 2011

Writings and Publications:
  • "Many area businesses lack data-theft plan," Evansville Business Journal, April 2015
  • "Don't Lose Your Case Before It Starts: Five Simple Steps to Take Before Responding to a Demand Letter," Tri-State Better Business Bureau Newsletter (Evansville), August 2011
  • "Indiana Takes a (Minority) Side: Indiana Supreme Court Holds CGL Policies Can Provide Coverage for Subcontractors’ Faulty Workmanship" Vol. VII, No. 2, Indiana Civil Litigation Review (a publication of the Defense Trial Counsel of Indiana), February 2011
  • “Interpretations of 'Property Damage' and 'Occurrence'” For The Defense, co-author, November 2009

Awards and Honors:
  • City-County Observer 2015 Community Service Award
  • Evansville Bar Association’s Doran E. Perdue Service Award, 2013
  • Outstanding Young Lawyer of the Year, Defense Trial Counsel of Indiana, 2011
  • Indiana Super Lawyers® Rising Star, Business Litigation, 2010-2017
  • Indiana Lawyer's Leadership in Law Award, Up and Coming Lawyer, 2010
  • Moot Court Honor Society, Valparaiso University School of Law
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