John Tinder brings decades of experience on the federal bench, as a prosecutor, public defender, and in private practice to his work as an arbitrator and mediator. In addition to serving as a neutral, Tinder works with parties and counsel on internal investigations, compliance monitoring, case evaluation, and mooting trial and appellate presentations.
Tinder was a Circuit Judge on the United States Court of Appeals for the Seventh Circuit from 2007 to 2015 and a District Judge on the United States District Court for the Southern District of Indiana from 1987 to 2007. While on the bench, Tinder presided over thousands of cases and hundreds of trials, hearings, and appeals on nearly every subject and cause of action within the jurisdiction of federal courts.
Prior to his judicial service, Tinder was the United States Attorney for the Southern District of Indiana, serving as the chief federal law enforcement officer for the district and responsible for civil litigation where the United States was a party. Prior to his three presidential appointments, Tinder spent seven years in private practice and served as both a Marion County public defender and prosecutor.
During the Senate Judiciary Committee’s consideration of Tinder’s nomination to the Seventh Circuit, he received bipartisan praise for his legal acumen, character, and judicial temperament:
“I have known John for many years and I have always been impressed with his high energy, resolute integrity, and remarkable dedication to public service . . . Throughout John’s career, his reputation for personal courtesy, fairness, decency and integrity was equally well-earned and widespread on both sides of the political aisle.”
– Senator Richard Lugar, 153 Cong. Rec. S15,888-01 (2007).
“He is the embodiment of good judicial temperament, intellect, and even-handedness.”
– Senator Evan Bayh, Confirmation Hearings, S. Comm. on the Judiciary, 110th Cong. 2-3 (2007).
The United States Senate confirmed Tinder to the Seventh Circuit by a vote of 93-0. Upon his retirement from the Seventh Circuit, judicial colleagues nominated by both political parties praised his service:
“Yours is the ideal judicial temperament, sagacity, and graceful expression.”
– Judge Richard A. Posner; Tinder Departs 7th Circuit, Ind. Law. (Jul. 29, 2015).
“The ideal judge will keep an open mind with respect to the facts and law of every case; he (in this case) will be thoroughly prepared; he will be courteous not only to the lawyers and parties but also to his fellow judges; he will have a breadth of experience in many areas of the law and thus will be able to contribute to the development of legal doctrine; and he will constantly bear in mind that the litigants before him are real people, who appear either individually or through the companies or other organizations that are the lifeblood of our society. Judge Tinder is all those things and more, and for the seven and a half years of his service on the court of appeals, he inspired us to live up to that example and helped all of us craft well explained, consensus decisions that winners and losers alike could accept.”
– Judge Diane P. Wood, “Missing Judge Tinder,” 49 Indiana Law Review 887 (2016).
Tinder applies this wealth of experience at Kaplan & Grady, which hosts and supports his dispute-resolution practice. He is also a unique resource for firm clients, assisting counsel and parties with the analysis and assessment of trial and appellate matters.
Tinder is admitted to practice law in Indiana. His other bar admissions include the United States Supreme Court, The United States Court of Appeals for the Seventh Circuit, and the United States District Court for the Southern District of Indiana.
Selected Cases
Commercial
Sidney Hillman Health Ctr. of Rochester v. Abbott Lab’ys, Inc., 782 F.3d 922 (7th Cir. 2015). Reversing dismissal of putative class action alleging civil RICO claims, concluding that plaintiffs’ claims were not time-barred at the pleading stage.
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., 763 F.3d 743 (7th Cir. 2014). Affirming grant of summary judgment, concluding that action against outside counsel was time-barred.
Leveski v. ITT Educ. Servs., Inc., 719 F.3d 818 (7th Cir. 2013). Reversing dismissal for lack of jurisdiction and imposition of sanctions in action by realtor under False Claims Act.
Wells Fargo Bus. Credit v. Hindman, 734 F.3d 657 (7th Cir. 2013). Reversing grant of summary judgment in breach of contract action by creditor against a subordinate creditor.
Appert v. Morgan Stanley Dean Witter, Inc., 673 F.3d 609 (7th Cir. 2012). Dismissing putative class action alleging breach of contract against brokerage firm.
BKCAP, LLC v. CAPTEC Franchise Tr. 2000-1, 688 F.3d 810 (7th Cir. 2012). Affirming district court’s ruling that interpretation of contractual provision, based on extrinsic evidence, was not clearly erroneous.
Schorsch v. Reliance Standard Life Ins. Co., 693 F.3d 734 (7th Cir. 2012). Affirming grant of summary judgment on beneficiary’s claim in action under the Employee Retirement Income Security Act of 1974.
Omnicare, Inc. v. UnitedHealth Grp., Inc., 629 F.3d 697 (7th Cir. 2011). Affirming grant of summary judgment to pharmacy alleged to have entered into collusive contracts under Section 1 of the Sherman Act.
Costello v. Grundon, 651 F.3d 614 (7th Cir. 2011). Granting panel rehearing and vacating grant of summary judgment in trustee’s favor.
Freda v. Comm’r, 656 F.3d 570 (7th Cir. 2011). Affirming ruling that shareholders’ proceeds from settlement of trade-secret misappropriation action were properly classified as ordinary income.
LG Display Co. v. Madigan, 665 F.3d 768 (7th Cir. 2011). Remanding antitrust case to state court because action did not qualify as a class or mass action under the Class Action Fairness Act.
F.T.C. v. Trudeau, 579 F.3d 754 (7th Cir. 2009). Partially affirming district court’s order finding defendant in contempt.
Economation, Inc. v. Automated Conveyor Sys., Inc., 694 F. Supp. 553 (S.D. Ind. 1988). Ruling plaintiff could not establish several elements of its tortious interference with business relationship claim, warranting summary judgment.
Tort
United States v. Rogers Cartage Co., 794 F.3d 854 (7th Cir. 2015). Affirming decision to enforce settlement agreement in action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
United States v. P.H. Glatfelter Co., 768 F.3d 662 (7th Cir. 2014). Vacating permanent injunction in action brought by the government under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
In re Greenwood Air Crash, 873 F. Supp. 1257 (S.D. Ind. 1995) and 924 F. Supp. 1518 (S.D. Ind. 1995). Denying government summary judgment in Federal Tort Claims Act action stemming from aviation accident and apportioning fault among parties after they had resolved their claims.
Knox v. AC & S, Inc., 690 F. Supp. 752 (S.D. Ind. 1988). Concluding fact issue remained in estate’s wrongful death action against former employer stemming from decedent’s exposure to asbestos-containing insulation during employment and, because fact issue remained unresolved, also finding state statute of limitations was not preempted by state discovery statute or Comprehensive Environmental Response, Compensation, and Liability Act of 1980..
Porter v. Whitehall Lab’ys, Inc., 791 F. Supp. 1335 (S.D. Ind. 1992), aff’d, 9 F.3d 607 (7th Cir. 1993). Granting summary judgment where plaintiffs could not establish causation as required for failure-to-warn action against ibuprofen manufacturer.
Spangler v. Sears, Roebuck & Co., 752 F. Supp. 1437 (S.D. Ind. 1990). Denying dismissal of products liability suit against manufacturer and seller of riding mower. Case later settled.
Employment
Hutt v. AbbVie Prod. LLC, 757 F.3d 687 (7th Cir. 2014). Affirming grant of summary judgment to employer on employee’s action under the Age Discrimination in Employment Act.
Hansen v. Fincantieri Marine Grp., LLC, 763 F.3d 832 (7th Cir. 2014). Reversing grant of summary judgment to employer on former employee’s claim under the Family and Medical Leave Act.
Tradesman Int’l, Inc. v. Black, 724 F.3d 1004 (7th Cir. 2013). Affirming district court’s denial of permanent injunction to former employer in action for breach of contract, misappropriation of trade secrets, and other related claims.
Lavalais v. Vill. of Melrose Park, 734 F.3d 629 (7th Cir. 2013). Partially reversing dismissal of race-discrimination suit.
Benuzzi v. Bd. of Educ. of City of Chicago, 647 F.3d 652 (7th Cir. 2011). Partially reversing grant of summary judgment to principal and school board on school employee’s Title VII claim.
Yancick v. Hanna Steel Corp., 653 F.3d 532 (7th Cir. 2011). Granting summary judgment to employer on former employee’s claim under 42 U.S.C. § 1981 alleging that employer was negligent in discovering racial harassment.
Henderson v. United Parcel Serv., Inc., 731 F. Supp. 1374 (S.D. Ind. 1990). Granting employer post-trial judgment in employer’s favor where employee could not establish that he was treated less favorably than similarly situated employees.
Pryner v. Tractor Supply Co., 927 F. Supp. 1140 (S.D. Ind. 1996), aff’d sub nom. Pryner v. Tractor Supply Co., 109 F.3d 354 (7th Cir. 1997). Denying employer’s motion for summary judgment and motion to stay proceedings pending arbitration in former employee’s action asserting claims under Title VII and the Americans with Disabilities Act. Case later settled.
Civil Rights
Sweeney v. Pence, 767 F.3d 654 (7th Cir. 2014). Ruling Indiana’s right-to-work legislation was not preempted by federal National Labor Relations Act and did not violate, Ex Post Facto, Fifth Amendment Due Process, or Fourteenth Amendment Equal Protection Clauses.
Parker v. Franklin Cnty. Cmty. Sch. Corp., 667 F.3d 910 (7th Cir. 2012). Vacating grant of summary judgment in action brought on behalf of members of girls’ high school basketball team under Title IX and the Equal Protection Clause.
Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009) (en banc). Denying summary judgment on condominium owner’s lawsuit under the Fair Housing Act against condominium association.
Hendrickson v. Cooper, 589 F.3d 887 (7th Cir. 2009). Upholding punitive damages award against prison officer found liable for violating prisoner’s Eighth Amendment rights.
Foo v. Trustees, Indiana Univ., 88 F. Supp. 2d 937 (S.D. Ind. 1999). Granting summary judgment to university and university officials, concluding that student’s rights due process rights were not violated upon his expulsion from university.
Jones v. Thompson, 818 F. Supp. 1263 (S.D. Ind. 1993). Entering judgment for pretrial detainee when jail staff used three-point restraint, coupled with the absence of medical review or treatment, after detainee’s suicide attempt, concluding such action violated detainee’s Fourteenth Amendment right to due process.
Vigo Cnty. Republican Cent. Comm. v. Vigo Cnty. Comm’rs, 834 F. Supp. 1080 (S.D. Ind. 1993). Entering judgment, ruling that proposed redistricting plan violated the Equal Protection Clause and Indiana state law.
Hunt Paving Co. v. City of Indianapolis, 800 F. Supp. 740 (S.D. Ind. 1992). Granting summary judgment to city in equal-protection lawsuit brought by bidders and contractors challenging city’s process for awarding municipal-construction contracts.
