Emhardt Law LLC Moves Into Its Third Year

On August 1, 2021, Emhardt Law LLC celebrated its second anniversary. I have now been on my own for two full years in the village of West Clay.

Year 2 was exciting for me professionally. On October 14, 2020, my client prevailed in the Federal Circuit in Warsaw Orthopedic, Inc. v. Sasso, 977 F.3d 1224 (Fed. Cir. 2020). That was followed ten days later with oral argument by zoom to the Indiana Court of Appeals in Warsaw Orthopedic, Inc. v. Sasso, Case No. 19A-PL-378. The Federal Circuit affirmance provided for extra lively remote advocacy on the meaning of the Federal Circuit decision. On December 4, 2020, the Indiana Court of Appeals then unanimously affirmed the $112,452,269 jury verdict entered in 2018 for my client in Warsaw Orthopedic, Inc. v. Sasso, 162 N.3d 1 (Ind. Ct. App. 2020). A petition for rehearing was filed and denied unanimously in January 2021, followed by a petition to transfer to the Indiana Supreme Court that was denied unanimously on May 13, 2021.

On March 12, 2021, the Federal Circuit decision was appealed to the United States Supreme Court by former solicitor general Paul Clement. With the wise assistance of appellate counsel and former Wabash College soccer teammate, George Patton of the Washington D.C. office of Bose McKinney & Evans, we responded with a conditional cross appeal and a separate response. That made for some extra pamphlet printing for the Washington D.C. printers that handle Supreme Court work. On June 21, 2021, the United States Supreme Court unanimously denied certiorari, along with about 150 other petitions, making Emhardt Law 1-0 before the United States Supreme Court! The order denying certiorari for all these petitions is attached. Such a busy court!

The Village of West Clay continues its growth. Over the last year at least two new law firms made their homes here and an office building is in progress just to the east of my office. My favorite work days continue to start with a morning bike ride to West Clay followed by an evening ride home. I hope that I can keep on doing that for many years!

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Phone: (317) 840-4140

1905 South New Market Street
Suite 267,
Carmel, IN 46032


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