John V. Maurovich
John V. Maurovich advises and defends business clients, health care providers and governmental entities on a range of legal issues. When necessary, he helps his clients resolve disputes through alternative dispute resolution and by advocating for them in the courtroom.
John represents health care industry clients with specific emphasis on for-profit entities that provide services to skilled, home health care and assisted care facilities. He advises on a wide range of health care operational and compliance matters, routinely advising providers in connection with contractual arrangements and medical staff issues. John regularly provides labor and employment risk management advice by reviewing and helping clients to update policies and procedures. When EEOC complaints or other employment litigation arises, he defends his health care clients in both regulatory and judicial actions.
John defends governmental entities in cases involving civil rights claims made pursuant to 42 U.S.C. § 1983, law enforcement liability, road design liability, premises liability, tort claims, contractual disputes, and employment actions.
Estate Planning/Estate Litigation
John counsels clients with the development of estate plans, including the drafting of wills and trusts. He guides personal representatives, executors and trustees to properly and efficiently discharge their fiduciary duties. In addition, he litigates disputes arising from issues related to guardianship, validity of the last will and testament and trusts.
John helps his health care clients navigate day-to-day operational issues as well as complex business and legal issues such as:
- EEOC “no probable cause” of employment discrimination decisions
- Employment policies and handbooks
- Provider service contracts for a multi-state provider
- Buy/Sell agreements
- Office space leasing to comply with federal regulatory requirements
- Business associate agreements
- Subpoenas from courts and regulatory bodies
- Medicare billing disputes
- Daviess-Martin County Joint Parks and Recreation Department, et al v. Estate of Waylon W. Abel, 19A04-1607-CT-1563 (Ind.Ct.App, 2017)
In July 2012, Waylon Abel was swimming in West Boggs Lake when he was allegedly exposed to an amoeba known as Naegleria Fowleri. While Naegleria Fowleri is common, infection is extremely rare. Tragically, Abel died a few days after the alleged exposure from primary amoebic meningoencephalitis (PAM), which can be caused by Naegleria Fowleri. Abel is the first known person in Indiana to contract PAM from an alleged exposure to Naegleria Fowleri.
Abel's estate sued several public entities for negligence. The Indiana Court of Appeals held the public entity defendants did not owe Abel a duty and reversed the denial of summary judgement to the governmental entities.
- Freeman v. City of Crown Point, Ind., 2014 WL 545511 (N.D. Ind. 2014):
The plaintiff sued several parties, including the City of Crown Point, claiming he was falsely arrested by the City’s police officers on account of a misidentification. The federal district court dismissed the City because the plaintiff failed to assert sufficient facts in his lawsuit to put the City on notice of his claims and their grounds, or to raise his right to relief above the speculative level.
- Hendrix v. City of Michigan City, Ind., 2014 WL 465639 (N.D. Ind. 2014):
The plaintiff sued several parties, including the City of Michigan City, claiming he was falsely arrested, improperly subjected to interrogation by law enforcement, and falsely imprisoned. The federal district court dismissed all claims against the City because the Plaintiff failed to demonstrate that his rights under the United States Constitution were violated as a result of an official City policy or existence of a pattern, practice or custom so widespread or persistent that it rose to the level of an official policy which could have been fairly attributable to the municipality.
- Ashcraft v. City of Crown Point, Ind., 2013 WL 5934612 (N.D. Ind. 2014):
The plaintiff sued several parties, including the City of Crown Point, claiming he was falsely arrested and that the officers used excessive force during his arrest. The federal district court dismissed all claims against the City. The Court held that while "Plaintiff has pled formulaic and conclusory allegations under each of [the] three alternative methods of establishing municipal liability, his claims fail because he has not alleged any facts whatsoever to support these bare legal conclusions."
- Hardy v. Howell, 2013 WL 752870 (S.D. Ind. 2013):
The Plaintiff sued a police officer alleging the police officer used excessive force while making the arrest. The Plaintiff alleged the officer unlawfully discharged his taser several times against him during the arrest. The Court granted the police officer’s motion for summary judgment and held that the officer’s use of force was reasonable under the circumstances.
- Bond v. Millsaps, 2013 WL 319502 (S.D. Ind. 2013):
The Plaintiff sued several police officers for false arrest and excessive force. The Court granted several of the officers’ motion to dismiss as Plaintiff failed to serve the officers within the statutory time period within which he was required to provide notice of the lawsuit.
- In addition to the above cited opinions, John assists his clients with EEOC (Equal Employment Opportunity Commission) charges, through settlement conferences conducted by federal magistrates and mediations.
John mediates, litigates (jury trials) and negotiates settlements dealing with complex trust and estate disputes. His experience includes issues involving:
- Decedent’s mental capacity to amend her will
- Decedent’s intent with respect to distribution
- Personal representative breach of statutory duties (self-dealing)
- Power of attorney breach of fiduciary duties
- Estate and a third party’s obligation and the extent of the obligation to repay a lender on a series of promissory notes
- The Indiana Recreational Use Statute and the Great Outdoors, 2014
- Public Entity Liability and Roadside Vegetation, 2014
- Indiana Law – Tort Claims Against Governmental Entities, 2014
- EEOC Issues Reminder to Employers Regarding Leave Policies and the ADA-Are Your Employment Policies ADA Compliant; May 9, 2016
- New Overtime Rules May Force Employers to Make Difficult Decisions; May 18, 2016
- EEOC Releases New Information Concerning The Equal Pay Act, Pregnancy Discrimination, And Proposed Substantive Changes to EEO-1, June 14, 2016
Areas of Emphasis
- Cities and Towns
- Municipalities and Political Subdivisions
- Law Enforcement
- Dispute Resolution
- Estate Planning
- Estate Administration
- Will Contests / Trust Contests
- Dispute Resolution and Litigation
- Entity Formation and Reorganization
- Employment Law
Indiana University Robert H. McKinney School of Law - Indianapolis, Indiana (J.D. 2009)
Butler University (B.S., Internation Management 2002)
Bars and Admissions
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Northern District of Indiana
U.S. Court of Appeals for the Seventh Circuit
Awards & Recognition
Indiana Super Lawyers® Rising Star (2016-2017)
- Indiana Bar Association
- Indianapolis Bar Association
- Hamilton County Bar Association
- Defense Research Institute
- Indiana Municipal Lawyers Association