Current CV

1. CURRICULUM VITAE
Name: Alan VerPlanck
Date of Birth: May 1, 1950
Place of Birth: Lansing, Michigan
Mailing Address: Eilbacher, Fletcher, LLP
803 S. Calhoun St., 4th Floor
Ft. Wayne, IN, 46802
4922 Stratford Rd.
Ft. Wayne, IN, 46807
Telephone Numbers: (260) 744-6339 (Home)
(260) 425-9777 (Office)
Education: Michigan State University 1968-1972
Oxford University 1972-1975
University of Michigan Law School 1975-1978
Degrees: B.A., English, MSU, with highest honors, 1972
Candidate, B.Litt, Oxford University, 1974-75
J.D., Univ. of Mich. Law, 1978
Honors, Awards: Phi Beta Kappa 1969
Rhodes Scholar 1972-1975
Best Lawyers in America, Commercial, Employment,
“Bet the Company Litigation” 1999 to present
Indiana Super Lawyers, Commercial, Employment 2000-2012
Fellow, Litigation Counsel of America, 2010-present
Martindale Hubbell, “AV” rating 1985-present
Best Mediators in Ft. Wayne, 2012, Ft. Wayne, Magazine
Fort Wayne “Bet the Company” Lawyer of the Year, 2014,
Languages: Reading knowledge of Spanish and French
Interests: Labor Markets and Labor Market organization; Labor
Education, Benefits; Enterprise Organization; Commercial
Litigation; Privatization and its Pitfalls; and Environmental
Protection.

2. Courses Taught: Labor Law Survey (Taft Hartley, etc.) Fall, 2003,
Division of Labor Studies, Indiana University
Indiana Worker’s Rights, Division of Labor Studies,
Indiana University, Fall, 2002, 2003
Indiana Worker’s Compensation, Fall, 2004 Division
of Labor Studies, Indiana University
Pensions, Winter 2008, 2010, Division of Labor
Studies, Indiana University
NEICLC/United Way Comm Ed, Winter, 2006
NEICLC with Prof. Clyde Summers, Minority Status Organizing,
May, 2004
NEICLC “Cultures of Solidarity” 2004
NEICLC “Cultures of Solidarity” 2005
NEICLC/United Way Comm Ed. Winter, 2005
NEICLC/United Way Comm. Ed. Winter 2010 “What
You need to Know about Foreclosure”
Boards, etc. Benjamin Harrison Chapter, American Inns of
Court, member emeritus.
Member, Board of Directors, Northeast Indiana
Volunteer Lawyers.
Member, Board of Directors, Common Cause
of Indiana.
Founding Board Member, and General Counsel, The
Workers Project, 1996 to Present.
President and Past Member, Board of Directors,
Allen County Friends of the Library.
Past Member, Board of Directors, Ft. Wayne Children’s Zoo
(via Leadership Ft. Wayne).
Past Member, Board of Directors, Ft. Wayne, Urban League

3. Past Member, Board of Directors, Ft. Wayne Urban League.
Past Member, Board of Directors, Defense Trial Council of
Indiana.
Past Member, Indiana and Missouri State Selection Committees,
Rhodes Trust.
Past Chair, Allen County Bar Ass’n Mediation Sectio
Member, Indiana State and American Bar Ass’n.
Publications: Panelist, Allen Co. Bench/Bar Conference, 2011, “Increasing the
Odds for a Successful Mediation: The Mediator’s
Perspective.
Panelist, Allen Co., Bench/Bar Conference, 2011 “Mortgage
Foreclosure Update: Allen Co. Efforts.”
Panelist, “Mortgage Foreclosures, Where do we go from here?”
ICLEF, 2010
Speaker, Allen Co. Bench/Bar Conference, 2010
Author: Recent Developments: The ADEA including “Life after
Ledbetter,” ICLEF 2008
Speaker/Panelist, Spring Indiana Judicial College, Spring, 2008
Panelist: “Ethical Issues relating to discovery, ediscovery and
preservation of evidence,” ICLEF, 2007
Author: Developments in Employment Benefits ICLEF 2006
Author: Employee Benefits: A Primer on Selected Topics,
ICLEF, 2005
Author: Developments in Employment Benefits and the ADEA,
ICLEF, 2004
Author: Litigating Employee Benefit Claims, ICLEF 2003
Speaker, Allen Co. Bench/ Bar Conference, 2000
Panelist, ICLEF “Master’s Series” Perils of Local Counsel

4. Co-author (with James Fenton) “Land Use and Zoning, Indiana
Real Estate Transactions, Lawyers Co-op, 1998
Co-author (with James Fenton) “False Imprisonment, Abuse of
Process and Malicious Prosecution,” Indiana Personal
Injury and Torts, Lawyers Co-op, 1998
Author: Benefits Litigation under ERISA, a Rough Guide for
Plaintiffs, ICLEF, 1998
Author: Civil Litigators Guide to ERISA Litigation, ICLEF, 1998
Presenter/Participant, EPA/ Joint Conference on Environmental
Justice, 1994
Author: Slip, Trip, Fall and Sue, defending premises liability cases,
ICLEF 1975
Author: Unwritten Promises: Estoppel and ERISA, ICLEF, 1992
Author: Trying the Automobile Injury Case in Indiana, National
Business Institutes, 1991
Representative Cases:
Public Interest:
City of New Haven, Indiana v. Chemical Waste Management
For a fuller narrative re: this and its related administrative
matters please see Chapter 3, Community,
Democracy, and the Environment: Learning to Share
the Future,
Grant, Jane A., Rowman & Littlefield, 2003
John Doe v. Hough Dry Wall
Successful project involving collaborative organizing
between undocumented drywall workers and
Building Trades to secure Economic justice by
forcing IPFW Dorm Subcontractor to honor legal wage
commitments under Indiana’s Common Construction
Wage law.

5. Bonney v. Daniels, et. al., 849 N.E.2d 473 (Ind. 2006)
Constitutional challenge to Mitch Daniels
Administration’s “Major Moves” initiative proposing
long term lease of Indiana Toll Road.
East Allen Communities
Advised Old Order Amish and East Allen County
incorporated and unincorporated communities of
interest regarding plans to consolidate under I.C. 36-
1.5
Allen County Employee’s Ass’n (ACEA)
Created a public employee’s minority status, members-
only, union via 1st amendment anti-retaliation and
equal
protection jurisprudence.
ERISA:
James v. National Business Systems,
721 F. Supp 169 (N.D. Ind., 1989) finding client was a
participant in employee benefit plan despite lack of
formal adoption.
DeDominico v. Employer’s Cooperative IndustryTrust,
676 F. Supp. 903 (N.D. Ind.1987) granting injunction
against Plan from terminating coverage for life
saving liver transplant.
Helman v. Plumbers & Steamfitters Local 166 Health & Welfare
Trust, 803 F. Supp 1407 (N.D. Ind. 1992) holding
client had right to de novo review of Plan’s decision to
deny coverage as “experimental.”
Insurance Coverage:
Everett Cash Mutual v. Taylor, 926 N.E.2d 1008 (Ind. 2010)
holding that farm CGL policy afforded coverage for
potential statutory liability.

6. Debtor/Creditor:
Keybank v. Davis, 785 N.E.2d 1146 (Ind. App. 2003)
Upholding set aside of default granted on grounds
that defendant had no notice of pending case/default.
Yin v. Society Nat. Bank Indiana, 665 N.E.2d 58 (Ind. App. 1998)
reversing judgment against client/debtor and finding “line
of credit” was not a “negotiable instrument’ under
the UCC.
Commercial:
Parallax Power v. Victory Components, 2005 WL 2086047
(N.D. Ind. 2005) granting summary judgment
to client’s Lanham Act claims.
McConnell & Sons, Inc. v. Target Data Systems, Inc.
84 F. Supp. 2d 961 (N.D. Ind 1999) finding in
personam jurisdiction over out of state defendant in
part because of location of “modem” used to monitor
software development in Indiana.
North American Van Lines v. Colonial Moving & Storage, Co.,
291 F. Supp. 799 (ND. Ind., 2003) holding client
was not doing business in Indiana despite reliance on
plaintiff’s computer system.
Interpoint Corporation v. Truck World, Inc., 656 F. Supp. 114
(N.D. Ind., 1986) granting injunction against
termination of client’s commercial leasehold.
Miscellaneous Topics
Board of Comm’rs in County of Allen v. Northeastern
Indiana Bldg. Trades Council, 954 N.E.2d 937 (Ind.
App., 2011) upholding AFL-CIO wages as “prevailing” for
purposes of wage setting mandated by Indiana
Common Construction Wage Law.

7. Kemerly v. Bi-County Services, 2003 WL 22595802, (N.D., Ind.
2003) granting client summary judgment against
former employee’s wrongful termination claims arising
under ADA, ADEA, and FMLA.
Employment: 2002-Present, Founding Member and Owner,
Eilbacher Fletcher, LLP
1997-2002 Founding Member and shareholder,
Eilbacher Scott, P.C.
1978-1997 Partner, Barrett & McNagny
Mediator, Indiana State and Federal Courts
1985 to present.
Facilitator, Allen Superior and Circuit courts,
Indiana Mortgage Foreclosure Project
2008 to present.
Adjunct, Division of Labor Studies, Indiana University
2002-
Instructor, Department of English, Michigan State
University, 1974-1975
Admissions: All Indiana State and Federal Courts, Tax Court, United
States Supreme Court
Family Married: Victoria Evanoff, 1974, three adult
children, one grandchild.
References On request.