KM | Keller Macaluso LLC

Too Keller is a founder of Keller Macaluso and leads the firm’s litigation and risk management groups.  Mr. Keller's practice centers primarily in business and commercial litigation, including a focus on real estate and transportation related litigation. Mr. Keller earned both his undergraduate and juris doctorate degrees from the University of Notre Dame in 1995 and 1998.  Prior to founding Keller Macaluso, Mr. Keller practiced at a large Indianapolis-based law firm from 1998 to 2010.    Mr. Keller’s practice encompasses virtually every aspect of litigation.  He represents national and regional passenger carriers, commercial carriers and insurance companies in state and federal courts, focusing on high-dollar transportation cases, including charges of wrongful death and paralysis. Mr. Keller has on-the-ground experience working with investigators, accident reconstructionists and other key transportation consultants immediately following accidents. His real estate practice includes representing commercial landlords in a wide variety of matters, including tenant evictions, in both state and federal court.  He has handled in excess of 300 commercial evictions for national and local landlords and represents tenants in solving lease related issues with landlords.   Mr. Keller also practices before a variety of the administrative agencies in Indiana, including the Bureau of Alcohol, Tobacco, and Fire Arms, the Marion County Environmental Court, the Indiana Department of Insurance, the Indiana Psychology Board, and the Indiana Fire Prevention and Building Safety Commission. Mr. Keller also handles criminal matters, including misdemeanor and white collar criminal defense. With nearly 12 years practicing at a large law firm in Indianapolis prior to founding Keller Macaluso, Mr. Keller’s experience has been diverse, including more than twenty trials, numerous appeals, and work in nearly every area of litigation.

Representative Matters

• Negotiated pre-suit settlement in a wrongful death and quadriplegia matter for a national transportation carrier.

• Obtained defense verdict following a jury trial involving injury claims against a homeowner in excess of seven figures.
• Defended a personal injury trial in which the jury apportioned 10% fault to our insured, resulting in liability of hundreds of dollars on a claim in excess of seven figures.
• Following opening statement, settled an injury claim against a skating rink for less than the final pretrial offer.
• Defended against an excessive personal injury claim with a jury verdict of less than $25,000.
• Obtained a defense verdict in a contentious partnership dispute against the estate of a deceased partner in a real estate related dispute for a developer client.
• Evicted tenants in contentious litigation against national tenants in both state and federal court.
• Represented open-wheel race team in numerous litigation matters, including professional malpractice claims and landlord-tenant related matters.
• Handled multiple arbitrations before the American Arbitration Association on behalf of a national home builder involving disputes over construction, maintenance, and design.
• Represented privately held bank regarding multiple contractual disputes.
• Represented homeowners in dispute with contractors in state court and against insurance company in a federal court declaratory judgment action.
• Represented shareholders in shareholder derivative actions in closely held corporation.
• Handled matters involving court appointed receiverships and foreclosures.
• Represented a national security corporation in litigation regarding surveillance duties.
• Represented a local client in a UCC dispute regarding merchandise produced in China.
• Represented a local client in a professional malpractice claim.
• Represented an electrical cooperative in a dispute with another electrical cooperative over a contractual dispute related to leased equipment.
• Represented a landlord in a dispute involving corporate bankruptcy involving a franchise matter.
• Represented a national water restoration company in a breach of contract dispute in federal court.

Representative Jury Trials

David Ware, v Myrtle Brocks, Marion County Superior Court No. 10, Cause No. 49D10-0211-CT002047; defended landlord for allegedly providing defective ladder which caused Plaintiff to suffer severe spinal injuries following fall.  Jury trial with verdict in favor of Defendant.

Kimberly C. Wilcoxen and Mark Allen Wilcoxen v. Franklin Sport Club, Inc. d/b/a Franklin Skate Club, Johnson County Circuit Court, Cause No. 41C01-9902-CT000044; defended skating rink for alleged injuries suffered from a slip and fall in a concession area.  Settlement midway through jury trial.

Joyce Easton, et al. v. Benjamin Hoffman.  Tippecanoe County Superior Court, Cause No. 79D01-9804-CP000197; defended against claimed back injuries with pre-existing conditions.

Rebecca Brandewyne, et al. v. Author Solutions d/b/a Authorhouse, Eighteenth Judicial District, District Court, Sedgwick County, Kansas, Case No. 04-CV-4363; Plaintiff claimed defamation, outrage and invasion of privacy for the publication of a book.  Verdict was for Plaintiffs in an amount less than demanded prior to trial.

Vera Hayes v. Ermston Carpenter, Marion Superior Cout No. 2, Cause No. 49D02-0211-CT001937; Defense of automobile accident with personal injury to a passenger.  Jury allocated 10% fault to the defendant.

Charlie Means v. Shawna Harrison and Broadway Pub, Madison County Superior Court, Cause No. 48D03-0507-CT-00639; Defense of driver whose passenger was injured in automobile accident.  Client was cited for DUI.  Jury found the plaintiff 45% at fault for incurred risk and determined that his total damages were the Plaintiff’s medical bills.

Representative Appellate Cases

Bd. of Comm’rs. v. Town of Plainfield, 909 N.E.2d 480 (Ind. Ct. App. 2009).

Johnson County Rural Elec. Mbrshp. Corp. v. South Cent. Ind. Rural Elec. Mbrshp. Corp., 883 N.E.2d 141 (Ind. Ct. App. 2008).

Fuehrer v. Storm, 737 N.E.2d 767 (Ind. Ct. App. 2000).

Sweet v. Art Pape Transfer, Inc., 721 N.E.2d 311 (Ind. Ct. App. 1999).

Goar & Sons, Inc. v. Lakes, No. 29A02-0006-cv-00365 (Ind. Ct. App. Apr. 19, 2001).

Honors / Awards

Indiana Rising Stars® (2009, 2010, 2011); Recipient of the Barrett Award, given by Notre Dame Law School to the outstanding student in trial advocacy (1998);  NITA Faculty, Deposition Skills (2008, 2009)

Appointments / Memberships

Member: Indianapolis and Indiana State Bar Associations; Defense Research Institute; Defense

Trial Counsel of Indiana; Carmel Chamber of Commerce.

Appearances / Publications

Speaker: “Taking Charge: How to Deal with Landlord Tenant Issues Today and How to Mitigate Future Concerns” (IREM Presentation, 2008) (Firm Seminar, April 2009) (ICBR Conference, 2009)

Faculty: National Institute of Trial Advocacy (NITA) deposition skills seminar (2008, 2009)

Boards: Notre Dame Club of Indianapolis Board of Directors, 2007 – 2010.

Other: Serves as Judge Pro Tem in various courts in Marion County.

Outside the Office

Too and his wife Sheila are the proud parents of newborn twins, Lucas and Lauren, along with Indy, their Golden Retriever. Too spends the majority of his free time with his family, but enjoys sports beyond that. He is active with the Notre Dame Club of Indianapolis and is a season ticket holder to both Notre Dame Football and the Indianapolis Colts. Sheila (formerly McMillen) was a star basketball player at Notre Dame in the late 1990's. Too is also a huge fan of both the Indiana Pacers and the Cincinnati Reds. Too and his family are parishioners at St. Elizabeth Seton in Carmel, Indiana.