Hon. Heather A. Welch (Ret.) joins JAMS after a distinguished 23-year career on the Marion Superior Court (Indianapolis), including service as an Indiana commercial court judge for almost eight years and the presiding judge of the Marion Superior Court during the COVID-19 pandemic.

While Judge Welch presided over commercial and business disputes, she also managed a civil docket comprising over 2,000 cases, including complex product liability, medical and legal malpractice, construction and personal injury matters. She is known for her hands-on approach and efficiency in managing cases while considering the proportionality issues of each case to develop a timely but cost-conscious solution when appropriate.

While on the bench, Judge Welch held many leadership roles, including presiding judge of the Marion Superior Court, chair-elect of the ABA Judicial Division, president of the Indiana Judges Association, elected member of the American Law Institute and legal writing adjunct professor at Indiana University McKinney School of Law.

Judge Welch has a reputation for fairness, thoroughness and being a problem solver, was well as having the ability to quickly navigate complex business and negligence matters. 

On the bench, Judge Welch presided over a diverse variety of cases, including the following:

Representative Matters

• Business Commercial

Judge Welch possesses extensive commercial knowledge in presiding over jury trials, bench trials, dispositive motions and preliminary injunctions within commercial cases. These cases encompass a wide range of issues, including insurance coverage, governance, dissolution disputes, shareholder derivative actions, freeze-out disputes involving LLC members and conflicts related to operating agreements, as well as matters involving trade secrets, nondisclosure, noncompetition and nonsolicitation agreements. Furthermore, Judge Welch is well versed in adjudicating disputes involving securities and business torts, such as unfair competition, fraud and tortious interference with contractual rights and business relationships.

• Adjudication of breach of exclusive radio broadcast agreement regarding the cancellation of the 2020 NCAA men’s basketball tournament due to the COVID-19 pandemic between a national radio network and the NCAA; Westwood One Radio Networks, LLC v. NCAA, 172 N.E.3d 294 (Ind. Ct. App. 2021)
• Adjudication of a complex breach of contract claim regarding the modernization and improvement of the state’s welfare system involving a 250-page contract; also, adjudicated the damages, prejudgment and post-judgment interest, as well as the set-off of damages claims; State of Indiana v. International Business Machines Corp., 112 N.E.3d 1088 (Ind. Ct. App. 2018); 124 N.E.3d 1187 (Ind. 2019); 138 N.E.3d 255 (Ind 2019);160 N.E. 3d 1127, (Ind. Ct. App. 2020)
• Adjudication of a breach of contract claim involving a preliminary injunction request by a national property group against a national retailer regarding a lease agreement clause prohibiting the retailer from permanently closing all U.S. stores during the COVID-19 pandemic; Abercrombie and Fitch Stores, Inc. v. Simon Property Group, L.P., 160 N.E.3d 1103 (Ind. Ct. App. 2020)
• Adjudication of breach of a stock purchase agreement between a public corporation and a private billing company; the claims adjudicated by the court and a jury were breach of contract, fraud, criminal fraud, criminal deception and violation of the Indiana Uniform Securities Act, and involved resolution of discovery disputes, dispositive motions and pretrial motions on exclusion of experts in the area of mergers and acquisitions
• Adjudication of breach of contract action between a carrier against a manufacturer of an enormous process tower vessel seeking reimbursement of unforeseen transportation expenses; addressed whether the action was barred by the state or federal Interstate Commerce Commission Termination Act statute of limitations; Kennedy Tank & Mfg. Co. v. Emmert Indus. Corp., 67 N.E.3d 1025 (Ind. 2017)
• Adjudication of a breach of contract and fraud in the inducement claims between a healthcare company involving the purchase 705,300 boxes of nitrile gloves valued at $4.5 million from an international company; Vannin Healthcare Global Ltd. v. Illumination International, LLC, 213 N.E.2d 1132 (Ind. Ct. App. 2023)
• Adjudication of claim brought by oil and gas lessor against lessee to quiet title to property as the lease expired by its own terms when lessee failed to pay advance royalties under the terms of the advance royalty clause in the agreement; L.C. Neely Drilling, Inc. v. Hoosier Energy Rural Elec. Co-op., Inc., 8 N.E.3d 251 (Ind. Ct. App. 2014)Adjudication of complex automobile supply chain case with multiple suppliers
• Adjudication of many commercial lease agreement disputes involving the effect of COVID-19 on leases, force majeure clauses, and open and operational clauses of a national property group
• Class Action & Mass Tort
• Adjudicated and resolved by settlement a class action matter filed by citizens who purchased Indiana driver’s licenses against the state bureau of motor vehicles for overcharging for driver’s licenses, in violation of the administrative regulations
• Adjudicated multiple class action cases involving data breaches of hospital and healthcare provider computer systems by cybercriminals of patients’ confidential health information consisting of claims for breach of an express contract, breach of an implied contract, unjust enrichment, negligence, negligence per se, breach of fiduciary duty, violation of deceptive consumer sales act and invasion of privacy
• Adjudicated class action lawsuit filed by patients with no health insurance against hospital for injuries resulting from the hospital’s policy of filing hospital liens at its chargemaster rates
• Adjudicated class action lawsuit against major credit bureau by citizens of Indiana for failure to adequately secure personal information under unfair practices and deceptive acts statute, for misrepresentation of information security and payment card standard security in violation of the Deceptive Consumer Sales Act, and violation of the security breach act for failure to notify citizens of the data breach
• Adjudicated class action lawsuit filed by the State of Indiana against a major drug company regarding the sale of opioids in violation of the Deceptive Consumer Sales Act, the Prescription Drug Discount and Benefit Cards Statute, the False Claims Act and the Medicaid False Claims Act
• Adjudicated and resolved by settlement class action lawsuit filed by consumers who purchased vehicles from various car dealerships for violating the Deceptive Consumer Sales Act and for unjust enrichment by engaging in unfair conduct to charge vehicle buyers a document preparation fee that does not reflect the actual expenses incurred for the document preparation
• Adjudicated multiple class action lawsuits filed by individuals against various credit unions for breach of contract and unjust enrichment claims over the credit union’s conditions and terms of its deposit agreement charging overdraft fees on debit card transactions and assessing multiple nonsufficient funds fees on a single item presented for payment
• Adjudicated multiple plaintiffs’ claims for manufacturing defects, design defects and failure to warn for products used in orthopedic and reconstructive grafting during spinal fusion surgeries
• Adjudicated multiple plaintiffs’ claims for manufacturing defects, design defects and failure to warn; breach of implied warranty of merchantability; fraud; and negligent misrepresentation involving IVC filters
• Construction
• Adjudication of construction claim involving the construction manager and subcontractor’s injured employee addressing whether construction manager owed duty of care established by contract that was non-delegable or by assuming a duty of care through its actions 
• Adjudication of construction claim between general contractor of the project and international healthcare company involved in diagnostics and pharmaceuticals interpreting a “no damage for delay” provision of the contract and a claim for quantum meruit
• Adjudication of construction claim involving a high-rise condominium building with a concrete contractor seeking to enforcement of a mechanic’s lien against the general contractor and owner and allegations that the concrete used in the project was defective
• Cybersecurity & Privacy
• Adjudicated multiple class action cases involving data breaches of hospital and healthcare provider computer systems by cybercriminals of patients’ confidential health information consisting of claims for breach of an express contract, breach of an implied contract, unjust enrichment, negligence, negligence per se, breach of fiduciary duty, violation of Deceptive Consumer Sales Act and invasion of privacy
• Adjudicated class action lawsuit against major credit bureau by citizens of Indiana for failure to adequately secure personal information under unfair practices and deceptive acts statute, for misrepresentation of information security and payment card standard security in violation of the Deceptive Consumer Sales Act and violation of the security breach act for failure to notify citizens of the data breach
• Adjudicated of a class action lawsuit against a major health network filed by patients claiming invasion of privacy, breach of contract, breach of fiduciary duty, unjust enrichment, negligence, violation of the Deceptive Consumer Sales Act and violation of the Indiana Wiretap Act; the health network permitted pixels, a third-party tracking technology, to be placed on its website, disclosing patients’ information
• Adjudication of class action with the State of Indiana suing Google for unfair, deceptive practices in violation of the Indiana Deceptive Consumer Sales Act by collecting and using consumer data without their knowledge and consent and misleading consumers regarding location-related settings on their phones and computers
• Employment Law
• Successfully mediated a wrongful termination lawsuit between a nonprofit organization and its former its CEO involving approximately $4 million
• Adjudication of a case between a physician specializing in hematology and oncology who treated patients with blood cancer and his employer, a national healthcare company, to jury verdict on claims that an employee of the healthcare company forged the physician’s signature and refused to inform his patients where his new practice was located; the claims resolved by the court and jury included forgery, counterfeiting, identity deception, tortious interference with a business relationship, negligence, negligent misrepresentation, unfair competition and defamation
• Adjudication of a noncompetition and confidentiality agreement involving trade secrets between a national glass manufacturer and a high-ranking employee; Vickery v. Ardagh Glass Inc., 85 N.E.3d 852 (Ind. Ct. App. 2017)
• Adjudication of an action tried by jury on claims of negligent misrepresentation, defamation, tortious interference with an employment relationship, fraud, constructive fraud and civil conspiracy involving an OB-GYN physician, a hospital and a physician group affiliated with the hospital when a nurse alleged the physician had alcohol on her breath; addressed the contract the physician had with the physician group and her privileges with the hospital; Denman v. St. Vincent Med. Grp., Inc., 176 N.E.3d 480, 485 (Ind. Ct. App. 2021)
• Adjudication of noncompetition and nonsolicitation agreements between a high-level sales executive and a civil engineering company; Hannum Wagle & Cline Eng'g, Inc. v. Am. Consulting, Inc., 64 N.E.3d 863 (Ind. Ct. App. 2016)
• Adjudication of the enforceability of the contract’s liquidated damages provision between civil engineering company and sales executive and adjudication of a tortious interference with contractual relationship claim against the former employee’s new employer, a competing civil engineering firm; Am. Consulting, Inc. v. Hannum Wagle & Cline Eng'g, Inc., 136 N.E.3d 208 (Ind. 2019)
• Adjudication of which wage and hour claims are permitted under wage statutes and whether commissions were “wages” under the statute between the employee and company; Bragg v. Kittle’s Home Furnishings, Inc., 52 N.E. 3d 908 (Ind. Ct. App. 2016)
• Adjudication of many cases involving the use of a company’s trade secrets, proprietary and confidential information by a former employee who now works for a competitor
• Entertainment & Sports
• Adjudicated dispositive motions on breach of contract and civil conversion claims filed by company engaged to obtain sponsorships in the racing industry against an Indy Racing League team regarding a sponsorship agreement
• Adjudicated breach of contract and unjust enrichment claims involving an employee of an Indy Racing League team under a master services agreement and whether employee could obtain sponsorships only for the racing team he contracted with and no other racing teams
• Adjudicated claims of breach of contract, tortious interference with a contractual relationship, unjust enrichment, conversion, bid rigging, unfair competition, fraudulent misrepresentation, breach of fiduciary duty and antitrust violations involving a complaint and multiple counterclaims between the Indy Racing League, a racing team and a sponsor; Panther Brands, LLC v. Indy Racing League, LLC, 126 N.E.3d 898 (Ind. Ct. App. 2019)
• Health Care
• Adjudication of violations of constitutional and state law for retaining newborn baby’s dried blood spot sample without permission by parents against State Health Department; Doe v. Adams, 53 N.E.3d 483 (Ind. Ct. App. 2016)
• Adjudication of claims of disclosure, intrusion and outrage between health insurer and insured wife after husband saw notes that insurer placed on online portal that indicated insured wife had been tested for sexually transmitted diseases
• Adjudication of claims between the patient and health insurance company over coverage of health services
• Insurance
• Adjudication of many coverage matters addressing the duty to defend, coverage, application of exclusions and damages on various policy language
• Adjudication of a coverage claim involving language of a CGL policy determining the scope of insurer's obligation to pay losses related to closure of a theater due to COVID-19 pandemic; Indiana Repertory Theatre v. Cincinnati Cas. Co., 180 N.E.3d 403 (Ind. Ct. App. 2022)
• Adjudication of a coverage claim interpreting the language of an indemnity policy based on a condition precedent requiring approval of a settlement of claim in excess of $10,000; New Hampshire Ins. Co. v. Indiana Auto. Ins. Plan, 176 N.E.3d 514 (Ind. Ct. App. 2021)
• Adjudication of coverage case by interpreting coverage territory in polices for primary and umbrella policies of toxic tort sites; Technicolor USA, Inc. v. Insurance Co. of North America, 216 N.E.3d 1188 (Ind. Ct. App. 2023)
• Adjudication of a coverage case interpreting the scope of insurer's obligation to pay for losses during COVID-19 pandemic involving a national clothing manufacturer and retailer determining subject matter jurisdiction; Tom James Co. v. Zurich Am. Ins. Co., 221 N.E.3d 1261 (Ind. Ct. App. 2023)
• Personal Injury
• Adjudication of over 30 medical malpractice claims to jury verdict, with jury trials lasting from one to two weeks.
• Adjudication of over 50 personal injury claims to jury verdict
• Adjudication of complex negligence case between a national sports organization and a former college football player for failure to warn and failure to maintain adequate concussion protocols; this matter concluded in a 13-day jury trial and adjudication of discovery disputes, including whether the “Apex Doctrine” applied to high-level executives; Nat'l Collegiate Athletic Ass'n v. Finnerty, 191 N.E.3d 211 (Ind. 2022)
• Adjudication of a claim between patient who was sexually assaulted by nurse while hospitalized and sued hospital and nurse for intentional tort of sexual battery and negligent hiring, retention and supervision of staff, finding the claim was not a statutory medical malpractice claim but a general negligence claim; Doe v. Indiana Dep't of Ins., 194 N.E.3d 1197 (Ind. Ct. App. 2022)
• Adjudication of medical malpractice case brought by grandmother of patient who killed his grandfather for failing to warn or otherwise protect family, after a month- long period during which patient had several mental-health related visits to the emergency room with suicidal and homicidal ideations, including on the day he killed his grandfather, and addressed statutory duty to warn governing civil liability for mental health service providers; Coplan v. Miller, 179 N.E.3d 1006 (Ind. Ct. App. 2021)
• Adjudicated and resolved by settlement a negligence claim brought by a restaurant patron against the restaurant for failure to protect her from a third- party criminal actor after she was shot following a 30-minute escalating altercation and determining the restaurant had a duty as a proprietor to take reasonable steps to provide for patron safety once it was aware of or could foresee the danger
• Product Liability
• Adjudicated products liability matter involving a surgical mesh implant where patient alleged a design defect claim and for failure to warn, along with a medical malpractice claim against the physician who implanted the mesh implant
• Adjudicated products liability matter involving Prozac alleging failure to warn claim against a national pharmaceutical company, along with a medical malpractice claim
• Adjudicated multiple plaintiffs’ claims for manufacturing defects, design defects and failure to warn for products used in orthopedic and reconstructive grafting during spinal fusion surgeries
• Adjudicated multiple plaintiffs’ claims for manufacturing defects, design defects and failure to warn; breach of implied warranty of merchantability; fraud; and negligent misrepresentation involving IVC filters
• Adjudicated plaintiff’s claims for design defect and failure to provide adequate warnings regarding airbags in a passenger truck
• Professional Liability
• Adjudication of legal malpractice and breach of fiduciary duty claim involving a prospective purchaser against a law firm that prepared conveyance documents for commercial real estate transaction after it was discovered that seller remained record titleholder of property
• Adjudication of legal malpractice for a son, following his father's death, when the son was his incapacitated father's guardian, because law firm failed to obtain a dissolution of father's marriage, resulting in son receiving a lesser share of his father's estate than he would have had the marriage been dissolved; Gates v. O’Connor, 111 N.E.3d 215 (Ind. Ct. App. 2018).
• Adjudication of legal malpractice claim between baseball league and its general counsel and outside counsel assisting the general counsel based upon general counsel's advice and work on a shareholder derivative action in federal court
• Adjudication of legal malpractice claim between national shoe retailer and counsel for failing to file a timely file a claim under the BP oil spill and Deepwater Horizon settlement agreement
• Real Property
• Adjudicated via a bench trial a dispute involving a breach and anticipatory repudiation of a unit purchase agreement for a multifamily and mixed-use property and a breach of an option to purchase contract
• Adjudicated a dispute between two partners involving a commercial development and the scope of an exclusion in a lease and whether one partner properly acted as declarant when amending the declaration to the development; the claims resolved via dispositive motion were fraud, breach of fiduciary duty, promissory estoppel and tortious interference with a contract
• Adjudicated a dispute between a commercial developer and a purchaser of seven acres in the development to build three national hotels; the dispute involved the interpretation of the purchase agreement for the real estate in the development, a declaration of easement recorded for the development and an access agreement with claims of breach of the purchase agreement seeking specific performance and injaunctive relief regarding the development’s architectural requirements for an access road

Honors, Memberships, and Professional Activities

American Bar Association:

• Judicial Division
  • Chair-Elect, Judicial Division
  • Chair, National Conference of State Trial Judges
    • Chair, 2019–2020
    • Executive Committee Member, 2013–2018
  • Co-Chair, Diversity Judicial Clerkship Program, 2014, 2016–2024
  • Member, Commission of the American Jury Project, 2013–2024
  • Liaison to Business Law Section, 2020–2024 
• Business Law Section 
  • Business Court Representative, 2018–2019
  • Co-Chair, Business Courts Subcommittee, 2021—2024
  • Co-Chair, Indemnification and Insurance Subcommittee, 2019–2024

National Association of Women Judges

• Chair, Annual Conference, 2023
• Vice-President of Publications, 2023–2024

• Member, Sagamore American Inn of Court, 2005–2024
• President, Indiana Judges Association, 2023–2024
• Member, Indiana Commercial Court Committee, 2016–2024
• Fellow, Litigation Counsel of America, 2020

Member, American Law Institute

• Indiana Resuming Court Operations Committee: Appointed by Chief Justice Loretta Rush; the Committee was created to provide Indiana trial court judges with guidance and information on how to operate state trial courts during the COVID-19 pandemic
• Indiana Innovation Initiative Civil Litigation Taskforce: Appointed by Chief Justice Loretta Rush; the taskforce was created to consider and make recommendations to the Indiana Supreme Court on more efficient handling of civil litigation created by the National Center for State Courts, the Institute for the Advancement of the American Legal System and the Conference of Chief Justices, including the recommendation described in “A Call to Action: Achieving Civil Justice for All” by the Civil Justice Initiative Justice Improvements Committee

Selected Awards and Honors

• Silver Gavel Award, Indianapolis Bar Association, 2023
• Norma Wikler Excellence in Service Award, National Association of Women Judges, 2023
• Antoinette Dakin Leach Award, Indianapolis Bar Association, 2019
• Award for Service to the Legal Profession and the Community, Indiana Bar Foundation, 2018
• Outstanding Judge Award, Indiana State Bar Association, 2018
• Leadership in Law: Distinguished Barrister, The Indiana Lawyer, 2011
• Indiana Trial Judge of the Year, American Board of Trial Advocates, 2011

Selected Publications

•  "The COVID-19 Pandemic: How Indiana Courts Have Responded,” 55 Ind. L. Rev. 543, 2022
• “Jurors’ Questions of Witnesses in Civil and Criminal Jury Trials: Do They Improve the Administration of Justice?” American Bar Association, Judicial Division Record, Winter Issue 2014 (co-authored with Judge William J. Caprathe)

Selected Presentations

• “Top 10 Tips for Summary Judgment,” Indiana Legal Aid Society, July 2023
• “How to Trial a Case on the Indiana Commercial Courts: Discovery & Dispositive Motions, Interlocutory Appeals, Pre-Trial Topics, and Trial Considerations,” Indiana Continuing Legal Education Forum, March 2023
• “Indiana Commercial Courts: Special Masters,” Indianapolis Bar Association, October 2022
• “Life After Summary Judgment,” Indianapolis Bar Association August 2022 
• “Avoiding Dire Straits: Bench & Bar Perspectives on Voir Dire,” Indianapolis Bar Association Bench Bar Conference, June 2022
• “Employment Law: Masters Program: Practical Considerations With Respect to Restrictive Covenant Enforcement and Defense in Indiana,” Indiana Continuing Legal Education Forum, June 2022
• “Temporary Restraining Orders & Preliminary Injunction Proceedings,” June 2017
• “Key TIPS for Jury Trials: From Selection to Success as a Jury Trial Counsel: Perspective From the Boardroom to the Courtroom,” American Bar Association: Trial Insurance Practice Section, Chicago, April 2017
• “Receiverships,” Indiana Association for Corporate Renewal, April 2017
• “Business Litigation: It’s a Team Sport,” Indiana Continuing Legal Education Forum, February 2017
• “Exclusions: Who Cannot Sit and Why Not? Historical Patterns and Recent Trends in Jury Trials” and “Jury Consultants: Picking a Winning Jury: Art or Science?” American Bar Association, Commission on the American Jury Project Symposium, San Diego, April 2017

Background and Education

• Judge, Marion Superior Court (Indianapolis, Indiana)
  • Indiana Commercial Court Judge, 2016–2024
  • Civil Division, 2009–2024
  • Criminal Division, 2007–2008
• Presiding Judge, Marion Superior Court, 2019–2021
• Magistrate Judge, Marion County Superior Court
  • Civil and Criminal Major Felony Courts
• Legal Writing Adjunct Professor, Indiana University McKinney School of Law, 2018–2024
• Attorney, Kiefer & McGoff (nka Dentons)
• Deputy Prosecutor, Marion County Prosecutor’s Office
• Deputy Attorney General, Indiana Attorney General’s Office

Education

• J.D., Valparaiso University School of Law, 1994
• B.S., Indiana University Kelley School of Business, 1989
• Professor John Krauss’ Public Policy Meditation Training at Indiana University Robert H. McKinney School of Law, 2010
• National Judicial College Great Lakes Complex Commercial/Business Courts Seminar, 2013
• Additional specialized education from the American College of Business Court Judges