Practice Areas: General Litigation, Alternative Dispute Resolution, Business Litigation; view more
Licensed in Indiana since: 2000
Education: Valparaiso University School of Law
Selected to Super Lawyers: 2017 - 2025 Call today:
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Gary, IN 46402 Visit website
Details
Michael E. Tolbert is an attorney at Tolbert & Tolbert LLC in Gary, Indiana. Mr. Tolbert has over 20 years of experience and handles cases involving personal injury, insurance, discrimination and business law, serving clients in Gary and throughout the surrounding area.
After receiving his bachelor’s degree, Mr. Tolbert graduated cum laude from Valparaiso University School of Law. He holds a license to practice law before all Indiana state courts. Earlier in his legal career, he was a partner at another private Indiana law firm and chair of the firm’s litigation department.
Over his decades in practice, Mr. Tolbert has litigated complex actions in diverse areas of law. Applying his extensive trial knowledge and experience, he regularly speaks at litigation-based seminars and is a former member of the Indiana Commission for Continuing Legal Education.
Recognized for his accomplishments in the legal profession, a business magazine included Mr. Tolbert on their “20 Under 40” list in 2010. Most recently, he was selected as DTCI's Defense Lawyer of the year in 2020 and Kimbrough Member of the Year in 2021. He is the recipient of awards for various other organizations over the years.
An active contributor to his legal community, Mr. Tolbert has held many leadership positions including President of in the Indiana State Bar Association, the James C. Kimbrough Minority Bar Association (twice) and the American Inn of Court Porter County Chapter. He is a member of the American Law Institute and the fraternity Kappa Alpha Psi where he Chairs the Programs Commitee.
Serving his local community is a priority for Mr. Tolbert. He chaired the board of directors for the Gary Chamber of Commerce and Housing Opportunities. He continues to sit on the board of Triumphant Transitions, Inc., and maintain involvement with the United Negro College Fund’s Northwest Indiana Advisory Committee and the Urban League of Northwest Indiana.
Practice areas
General Litigation, Alternative Dispute Resolution, Business Litigation, Insurance Coverage, Personal Injury - General: Plaintiff, State, Local & MunicipalFocus areas
Arbitration, Bad Faith Insurance, Brain Injury, Dram Shop Laws, Insurance, Insurance Defense, Litigation, Mediation, Motor Vehicle Accidents, Non-Compete Agreements, Personal Injury - Defense, Personal Injury - Plaintiff, Premises Liability - Plaintiff, Slip and Fall, State, Local & Municipal Litigation, Trade Secret, Trucking Accidents, Wrongful Death
- 50% General Litigation
- 10% Alternative Dispute Resolution
- 10% Business Litigation
- 10% Insurance Coverage
- 10% Personal Injury - General: Plaintiff
- 10% State, Local & Municipal
First Admitted: 2000, Indiana
Professional Webpage: http://tolbertlegal.com/michael-tolbert.asp
Bar/Professional Activity:
- Indiana is transferring to the Universal Bar Exam. The Board of Law Examiners have asked me to assist in preparing the post bar examine course called the "Indiana Law Course" to assist new lawyers in making a smooth transition into the practice, 2021
- Selected to serve on the Alternative Practices Committee to provide formalized solution regarding solving legal deserts in rural areas. , 2024
- Selected to serve as Counsel to the President of the Lake County Bar Association. , 2024
- I was asked to be on an Indiana Supreme Court initiative entitled "Innovations Committee". The Committee is charged with examine disruption in the legal profession and cutting edge best practices to make the profession better. , 2021
- The Indiana Board of Law Examiners has requested that I teach a portion of the Uniform Bar Exam Practicum Course involving Indiana Evidence. This course will be required for all newcomers to the Indiana Bar. , 2022
- Appointed by the Indiana Supreme Court to the Coalition for Court Access, 2021
- I am presently the President of the Indiana State Bar Association. My term expires October of 2021, 2020
- Presently serve as an American Bar Association Delegate for the state of Indiana, 2020
- I will be sworn in as the President of the Indiana State Bar Association in October of 2021, 2021
- Chair, House of Delegates for the Indiana State Bar Association, 2017
- Board of Managers, Lake County Bar Association, 2018
- Served as Vice President of the Indiana State Bar Association, 2018
- President-Elect of the Indiana State Bar Association, 2019
Verdicts/Settlements (Case Results):
- In the matter of Damon T. Carpenter v. East Chicago Fire Civil Service Commission and Peter J. Thayer, 45D05-2104-PL-000293, I secured a preliminary injunction for the Fire Chief of the City of East Chicago to enjoin a labor union from inappropriately qualifying a Board Commissioner in an attempt to take over a public, municipal board. The order was issued on April 26, 2021, 2021
- Secured a dismissal of the Plaintiff's claim in the matter of Russell v. City of East Chicago pursuant to Trial Rule 12 (B)(6). , 2023
- Successfully defended an appeal in the matter of Shirley v. Shaver; Also, defeated appellant's petition to transfer which was denie in 2023. https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=XNBNzHAxdHEqb2CHGAPOHR1QrzeSs-Qyv9iazHHTKmIqjQPoBc3MsO7-9TeZcUk10 , 2024
- Successfully defended an appeal before the 7th Circuit in the case Artis v. Santos. https://caselaw.findlaw.com/court/us-7th-circuit/115911421.html, 2024
- I represented the City of Hammond in the matter of Gill v. City of Hammond et. al. The case was brought under section 1983 and was a civil rights case. I was able to secure the grant of a Motion to Dismiss in favor of my client the City of Hammond, filed pursuant to 12 (B)(6), on December 11, 2023. , 2023
- In the matter Bolling v. City of Gary Common Council and the Lake County Board of Elections and Registration, cause number 2:23-CV-00032, I represented the Election Board in a federal lawsuit alleging unconstitutional redistricting of local precinct locations. I was able to secure a dismissal of this matter. , 2023
- In the matter Hardaway v. the Lake County Board of Elections and Registration, cause number 45C01-2305-MI-000254, I represented the Election Board in a candidate recount and contest petition. The losing candidate claimed fraud and demanded a recount of votes and a high profile investigation into the voting process. I was able to secure a dismissal of this matter. , 2023
- In the matter Arnold v. Lake County Board of Elections and Registration cause number 45C01-2305-MI-000261, I represented the Election Board in a candidate recount and contest petition. The losing candidate claimed fraud and demanded a recount of votes and a high profile investigation into the voting process. I was able to secure a dismissal of this matter. , 2023
- In the matter of Buell v. City of Hammond found at cause number 45D10-2208-CT-000815 I represented the City in a serious premises liability lawsuit involving a biker that injured herself on a bike path. I was able to secure a dismissal of the lawsuit against the City of Hammond, with prejudice. The matter remains pending against another entity as the case was a multi-party lawsuit. , 2023
- Successfully prosecuted a high profile injunctive relief case in the matter of City of Hammond v. Franciscan Alliance, Inc. (45D11-2212-PL-707). I represented the City of Hammond who was attempting to make Franciscan Alliance, Inc. (operator of St. Margaret's Hospital) honor its promise to operate a functional emergency room for City residents. My office filed a preliminary injunction on behalf of the City, that was successful argued in front of the trial court. , 2022
- In the matter Shirley v. Shaver (64D01-1703- CT-003080) I successfully defended a State Farm insured in a personal injury matter. The case involved an automobile accident in which the Plaintiff was claiming significant injuries. In closing, the Plaintiff asked the jury for 5M Dollars. The jury rendered a verdict for just $6,640. , 2022
- I defended the City of East Chicago and City Clerk, Adrian Santos, in a high-profile First Amendment political retaliation case. On June 1, 2022, in the matter of Artis v. Santos, cause number 2:16-cv-00108-TLS in the United States District Court in the Northern District located in Hammond, Lake County, Indiana, my office secured a defense verdict on behalf of Mr. Santos. The matter was previously dismissed as to the City of East Chicago. https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-santos-firing-st-0604-20220603-rao7ltmlzfbxxejpso4o56by7i-story.html, 2022
- Secured a successful dismissal of a high profile matter in which I defended the Lake County Board of Elections and Registrations. I was able to get 2 separate matters filed against the Election Board dismissed, with prejudice, without a trial. See Kallas v. Lake County Board of Elections and Registration, 45D01-2108-PL-613; 45D01-2108-PL-614. , 2022
- Secured a defense verdict in the matter Justen Ortegel b/n/f Cassandra Denton v. Candice H. Patterson found under cause number 45D04-1606-CT-00105. This case involved an automobile accident of a six (6) year old who was struck by a SUV while riding his bike. The collision resulted in an alleged brain injury to the child and significant injuries were claimed. The Plaintiff's asked for 1.4M Dollars in closing. The jury returned a verdict in favor of the defense, 2021
- Secured a defense verdict in the matter Michael L. Deppe vs. Brittani Dallas found under cause number 45D11-1712-CT-00214. The matter involved a third-party claim brought by Plaintiff to secure reimbursement of expensive, customized Rolls Royce parts damaged in an automobile accident., 2020
- Settled the complex litigation matter captioned Industrial Highway Corporation v. Gary Chicago International Airport Authority, 2:18-CV-00485-JVB-JEM. The matter involved a 1.5 Million Dollar resolution and a 3 parcel land transfer, 2021
- Negotiated a complex multi-year labor negotiations deal with the Union on behalf of Edgewater Systems for Balanced Living. The labor agreement expires in 2020. I have been retained to handle all future negotiations for Edgewater, 2017
- Porterfield v. Cavanaugh's Sports Bar & Eatery, Supreme Court Case No. 20S-CT-88: I was part of a successful defense of Cavanaugh's Sports Bar and appeal to the Indiana Supreme Court. The Plaintiff sued Cavanaugh's arising out of an attack that resulted in him being completely blind in both eyes. I moved for summary judgment based on lack of foreseeability of the attack by the bar owner. The trial court denied my motion for summary judgment. This case went all the way to the Indiana Supreme Court, who ultimately decided that my motion for summary judgement should have been granted because the attack on the Plaintiff was not foreseeable, 2020
- In the matter Williams v. Chicago South Shore & South Bend Railroad, et. al. 45D10-1308-CT-124, I assisted the successful defense of a railroad company. The Plaintiff, while attempted to cross the rail, was unfortunately run over by a rail cart leading to an amputation of her legs. The Plaintiff's demand was close to $20,000,000. In a confidential settlement, the matter resolved for significantly less than the demand, 2020
- Besand v. State Farm (45D01-1702-CT-00042), involved a matter in which I represented State Farm on a coverage / uninsured motorist claim. After 2 days of evidence, the jury entered a verdict that resulted in the uninsured motorist claim being resolved in State Farm's favor resulting in a 0 judgment, 2019
- Represented the Gary Chicago International Airport Authority in aviation litigation. The case involved an expedited claim for temporary injunction requesting that the Lake Superior Court enjoin the Airport for imposing a gross revenue fee to the airport user. The case also sought compensatory damages for breach of contract. I successfully defended the Gary Airport in the injunctive relief proceedings which ultimately resulted in the matter being dismissed with prejudice without any compensatory damages required to be paid by the Gary Airport. The matter is captioned Gary Jet Center v. Gary Chicago International Airport, cause number 45D01-2005-PL-000320, 2020
- Brandon v. Buddy & Pal's III, (45D04-1206-CT-00178), this case involved a Dram Shop / Negligent Security claim against my client Buddy & Pal's III. After 3 days of evidence, the jury entered a verdict in favor of my client, Buddy & Pal's and against the Plaintiff, 2015
- Boreczky v. Center Bar, (45D01-1308-CT-00173), this case involved a claim for negligent security against my client Center Bar Lounge. After 3 days of evidence, the jury entered a defense verdict in favor of my client, Center Bar and against the Plaintiff, 2017
- Lopez v. City of East Chicago (45D05-12020CT-00052) was a case in which I represented the City of East Chicago in a premises liability matter. The matter was heard for three (3) days, and after the deliberation, the jury rendered a verdict in favor of my client the City of East Chicago, 2015
- James v. Nagamoto (45D10-1307-CT-00128) was tried for 2 days starting on August 17, 2015. Mr. Tolbert represented the Defendant Dean Nagamoto. The case involved an automobile accident with claimed serious personal injuries. On August 18, 2015, the jury returned a defense verdict in favor of Dean Nagamoto, 2015
- Wilson v. Simkus (46D01-1306-CT-000894) involved a motor vehicle crash that allegedly occurred on July 23, 2011, on US21 E near its intersection with Old Grand Beach Road in Michigan City, LaPorte County, Indiana. I represented the Defendant, Vytautas Simkus, in a 3 day jury trial that started on July 6, 2015. The jury entered a defense verdict, in favor of Mr. Simkus, 2015
Videos:
- My firm was interviewed by ABC news to discuss opening a law firm in Gary, Indiana, Business Spotlight, Insurance, Municipal, And Private Sector Clients, 2021
- My firm, Tolbert & Tolbert was interviewed by the Indiana Economic Development spotlighting Entrepreneurial All-Stars. , Entrepreneurial All-Stars, Business, 2023
Representative Clients:
- I am providing exclusive representation to the Fire Chief for the City of East Chicago, Indiana, 2021
- Selected as retained counsel to handle defense matters for Nispco. , 2024
- Selected as outside counsel for Indiana University matters. , 2024
- My office, Tolbert & Tolbert, is now representing the City of Hammond in Section 1983, constitutional litigation. , 2023
- I represented the North Township Trustee, Adrian Santos, in a high profile First Amendment case. , 2022
- I have been retained to take the lead on Labor Negotiations for the company Edgewater Systems for Balanced Living, 2020
- Selected by the 21st Century Charter School in Gary, Indiana to provide for all of their legal needs, 2020
- Selected by the Lake County Board of Elections to assist them with everyday, routine issues surrounding local elections, 2018
- Selected by the City of East Chicago to assist them with all their litigation needs, 2015
- Selected to represent the Gary Community School Corporation in all their legal needs, 2019
- Selected by the City of Gary to represent the municipality in all their litigation needs, 2015
Transactions:
- Served as the lead attorney for the Gary Chicago International Airport Authority in acquiring land valued at over 1M Dollars for the extension of the airport's runway, 2021
- I served as the lead attorney on behalf of the Gary Chicago International Airport Authority on a multi-million dollar land development deal which brought UPS and their operations to Gary, Indiana. I drafted all Agreements which included access agreements and leases to complete the transaction. I also handled the negotiations with UPS. This deal is projected to created many jobs in not only Gary, Indiana but in Northwest Indiana, 2020
Special Licenses/Certifications:
- In January of 2023, I was inducted into the The National Academy of Distinguished Neutrals which is an invitation-only professional association whose membership consists of mediators & arbitrators distinguished by their hands-on experience in the field of civil & commercial dispute resolution. Membership is limited to professional mediators and arbitrators who are well established as trusted neutrals among the legal community within their state of practice. All Academy members have been found to meet stringent practice criteria and are amongst the most in-demand neutrals in their respective states, as nominated by both peers and litigation firms., 2023
- On January 3, 2024, I was designated a Senior Fellow by the Litigation Counsel of America ("LCA"). LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The number of Fellowships has been kept at an exclusive limit by design. , 2024
- Since 2014, I have been certified as a mediator. , 2014
Pro bono/Community Service:
- Head of the Employment Ministry at Embassies of Christ Church located in Gary, Indiana. The ministry is tasked with assisting members who are unemployed find jobs, 2019
- I am now serving as a board member for the non-profit PATH (Positive Approach to Teen Health). , 2023
Honors/Awards:
- This award is given to a member who has provided guidance, and helpful practitioner tips to younger lawyers in the Bar, Practice Tip Award, Porter County Inns of Court, 2015
- This award is given to Indiana lawyers that are making an impact in the legal profession and their respective community. , Leadership in the Law Award, Indiana Business Journal, 2024
- Tolbert & Tolbert was spotlighted by the Indiana Governor as a business contributing to Indiana's healthy economy. , Hoosier Business Spotlight, Indiana Governor, 2023
- This award is given annually to the Kappa Alpha Psi member of the Gary Indiana Alumni Chapter that has achieved historical and monumental achievements. , Kappa of the Year, Kappa Alpha Psi, Fraternity, Inc. Gary (IN) Alumni Chapter, 2022
- The Minority Business of the Year award goes to the top minority business in Northwest Indiana. , Minority Business of the Year, Indiana Small Business Center, 2021
- Every year, the James C. Kimbrough Bar Association designates their "Member of the Year." This award is given to an attorney that has secured tremendous results in their cases and that have advanced the interest of the legal community. , James C. Kimbrough Member of the Year, James C. Kimbrough Bar Association, 2021
- Representative Vernon Smith authored a resolution honoring attorney Michael E. Tolbert for his role as the current President of the ISBA and steps taken during this presidency to ensure fairness and equity among Hoosiers. , House Bill Resolution Honoring Michael E. Tolbert as President of the Indiana State Bar Association, Indiana Legislature, 2021
- Co-Awardee of the President's Award issued by the Lake County Bar Association. This award is given by the President of the association intended to highlight meritorious contribution by a member of the Lake County Bar Association, President's Award, Lake County Bar Association, 2020
- The Defense Trial Lawyer of the Year is awarded to the top Defense Lawyer in the State of Indiana through achievement and involvement with the organization, Defense Lawyer of the Year, Defense Trial Counsel of Indiana, 2020
- I was recently awarded the President's Award from the Lake County Bar Association. This award is presented to lawyers who have made an impact on the legal profession on behalf of the Lake County Bar. My wife, Shelice R. Tolbert, and I shared the award as she was a co-recipient. , President's Award, Lake County Bar Association, 2020
- Fellowship status is conferred on a trial lawyer who has displayed achievement, professionalism, and discipline in the art of advocacy and trial work, Fellow, Litigation Counsel of America, 2017
- NAACP's Hilbert Bradley Award is given to a lawyer who has achieved meritorious distinction in the legal profession, Hilbert Bradley Award, NAACP, 2016
- The Katie Hall Foundation Merit of Distinction Award is given to a leading lawyer for outstanding achievement in the legal profession, Merit of Distinction Award, Katie Hall Foundation, 2017
- In 2013, I was selected as one of the Top 20 Under 40 Minority Lawyers in the Midwest, Top 20 Under 40 Minority Lawyer in the Midwest; Rabb Emison Award; Hilbert Bradley Award; and Katie Hall Merit of Distinction Award, Indiana State Bar, NAACP and Katie Hall Foundation, 2013
- ISBA Rabb Emison Award is given to a lawyer in the state of Indiana who advances the interest of minority lawyers in Indiana, Rabb Emison Award, Indiana State Bar Association, 2014
Scholarly Lectures/Writings:
- I was asked by the Indiana Court of Appeals Chief Judge to provide a comprehensive update on the 2018 changes in Insurance Law, Presenter, Indiana Law Update: Insurance Law, Indiana Continuing Legal Education (ICLEF), Indiana Bar, 2018
- Spoke to a group of lawyers regarding recent changes in mediation and key strategies in the area of alternative dispute resolution. , Serve as a presenter., Changes and Developments in Mediation, National Business Institute, Indiana State Bar, 2023
- I had the pleasure of serving as a co-presenter with my Partner in an Evidence Seminar aimed at providing a thorough overview of the Indiana Evidence rules and their applicability in a variety of legal proceedings. , Co-Presenter, Evidence that Women Are Smarter Than Men, Indiana State Bar, 2023
- I was a presenter at a program sponsored by the the James C. Kimbrough Bar Association. The program was geared at expanding diversity in ADR. , Presenter, Diversity in ADR, James C. Kimbrough Bar Association, Indiana Lawyers, 2022
- I was asked to be a lead presenter at a seminar entitled "Diversity in ADR". The program was intended to expose minority lawyers to mediation and encourage them to become certified by explaining to them the process and what goes into being a mediator. , Presenter, Diversity and ADR, Indiana Supreme Court, Indiana State Bar, 2021
- I was asked to be a presenter to discuss changes in the field of mediation and how to make the area of law more diverse, Presenter, Diversity in Mediation, Defense Trial Counsel of Indiana, Members Of The Defense Trial Counsel Of Indiana, 2018
Other Outstanding Achievements:
- I was the recipient of the C. Rodger Wilson Award given to the most outstanding member of Kappa Alpha Psi Fraternity, Inc. North Central Province. , 2022
- In November, I achieved the milestone of practicing for 20 years, 2020
- Inducted into the American Law Institute, the leading independent organization in the United States that produces scholarly work to clarify, modernize and improve the law, 2015
- Inducted as a Fellow in the Litigation Counsel of America. (Trial Lawyer Honor Society), 2017
- Recipient of the Katie Hall Foundation's Merit of Distinction Award, 2017
- Recipient of the NAACP's Hilbert Bradley Award., 2016
- In 2014, I served as President of the Lake County Bar Association, 2014
- Selected as one of the Top 20 Under 40 Minority Lawyers in the Midwest, 2013
- Recipient of the the Indiana State Bar Association's Rabb Emison Award, 2014
Industry Groups:
- Aviation
- Government
- Insurance
- Small Businesses
Selections
9 Years Super Lawyers
- Super Lawyers: 2017 - 2025
