Frank Sullivan, Jr.

Professor of Practice

Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 303
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 274-8057
E-Mail: fransull@iupui.edu

Education

A.B.(cum laude), 1972, Dartmouth College
J.D. (magna cum laude), 1982, Indiana University Maurer School of Law
LL.M., 2001, University of Virginia School of Law

Courses

Closely Held Business Organizations, Securities Regulation, Advanced Sales

Bio

Frank Sullivan, Jr., joined the faculty in the Fall Semester, 2012, after 19 years of service as a Justice of the Indiana Supreme Court.

During his tenure on the Indiana Supreme Court, Sullivan authored approximately 500 majority opinions addressing a wide range of criminal, civil, and tax law issues. Several of his decisions were selected for publication in law school casebooks.

Sullivan was also active in the Court’s administrative work where he chaired its multi-million dollar project to equip all Indiana courts with modern technology to manage their caseloads and exchange data with those who need and use court information. He has been a frequent speaker to audiences of judges and others on substantive legal topics, the operation of the juvenile justice system, improving court technology and automation, and the work of courts in general. He has also been a frequent participant in law school activities and has served as a member of the Valparaiso University School of Law National Council and of the Board of Visitors of the Indiana University Maurer School of Law.

Sullivan is a member of the American Law Institute and is an adviser to both its “Restatement Third, Torts: Liability for Economic Harm” and “Principles of Election Law: Resolution of Election Disputes” projects. He is also a Commissioner from Indiana to the National Conference of Commissioners of Uniform State Laws and a member of the Indiana Business Law Survey Commission.

Prior to his appointment to the Indiana Supreme Court, Sullivan served as Indiana State Budget Director (1989-1992) and Executive Assistant for Fiscal Policy to Governor Evan Bayh (1993) during which time he directed the preparation of the Bayh administration’s budget proposals and oversaw implementation of state budgets passed by the Legislature. Prior to state service, he practiced corporate finance and securities law in the Indianapolis office of Barnes & Thornburg, Indiana’s largest law firm. He served on the staff of former U.S. Rep. John Brademas from 1974 to 1979, ultimately assuming the position of administrative assistant and staff director.

Selected Majority Opinions Authored by Frank Sullivan, Jr., While a Justice of the Indiana Supreme Court:

Snyder v. King, 958 N.E.2d 764 (Ind. 2011) (construing Infamous Crimes Clause of the Indiana Constitution).

State v. Fromme (In re Crisis Connection, Inc.), 949 N.E.2d 789 (2011) (enforcing “victim advocate privilege” of a nongovernmental counseling agency).

Gibraltar Financial Corp. v. Prestige Equip. Corp., 949 N.E.2d 314 (Ind. 2011) (analyzing whether a financing transaction constituted a “true lease” or sale subject to a security interest).

City of Indianapolis v. Armour, 946 N.E.2d 553 (2011) (holding Indianapolis municipal ordinance concerning refunds of sewer assessments did not violate the Equal Protection Clause), affirmed by Armour v. City of Indianapolis, 132 S. Ct. 2073 (2012).

George v. NCAA, 945 N.E.2d 150 (Ind. 2011) (holding that the NCAA’s “Final Four” ticket distribution system is not an illegal lottery).

Galloway v. State, 938 N.E.2d 699 (Ind. 2010) (holding defendant not guilty by reason of insanity).

M.L. v. Ind. Dep't of Child Servs. (In re I.B.), 933 N.E.2d 1264, 1265 (Ind. 2010) (holding Indiana law requires court-appointed counsel for an indigent parent who appeals the termination of his or her parental rights but only where the parent himself or herself authorizes the appeal).

Indianapolis-Marion County Pub. Library v. Charlier Clark & Linard, P.C., 929 N.E.2d 722 (Ind. 2010) (holding negligence claims barred by the “economic loss rule”).

Stanley v. Walker , 906 N.E.2d 852 (Ind. 2009) (broadening evidence admissible in personal injury actions to prove the reasonable value of medical services).

R.Y. v. Ind. Dep't of Child Servs. (In re G.Y.) , 904 N.E.2d 1257 (Ind. 2009) (reversing the involuntary termination of the parent-child relationship of an incarcerated mother and her child).

Clark v. Clark, 902 N.E.2d 813 (Ind. 2009) (holding that incarceration constitutes a substantial change in circumstances justifying modification of an existing child support obligation).

State Farm Mut. Auto. Ins. Co. v. Jakupko, 881 N.E.2d 654 (Ind. 2008) (holding underinsured motorist insurance coverage available for emotional distress damages).

Keesling v. Beegle, 880 N.E.2d 1202 (Ind. 2008) (holding Indiana RICO Act more extensive than Federal RICO Act).

Mullins v. Parkview Hosp., Inc., 865 N.E.2d 608 (Ind. 2007) (holding that a student who incorrectly performed a medical procedure on a patient had not committed battery). This case is reprinted and discussed in Dan B. Dobbs et al., Torts and Compensation (6th ed.) 41-42 (West).

Kelley v. Tanoos, 865 N.E.2d 593 (Ind. 2007) (holding that a statement was protected from liability for defamation because it was made to assist law enforcement investigate criminal activity).

Metro. Dev. Comm'n v. Pinnacle Media, LLC, 836 N.E.2d 422 (Ind. 2005) (holding plan to erect billboards was subject to city zoning ordinance).

Stroud v. State , 809 N.E.2d 274 (Ind. 2004) (reversing death sentence).

Time Warner Entm't Co., L.P. v. Whiteman, 802 N.E.2d 886 (Ind. 2004) (holding the “voluntary payments doctrine” did not bar lawsuit to recover “late fees”). This case is used as an illustration and cited by the Reporter in American Law Institute, Restatement (Third) of Restitution & Unjust Enrichment § 6 (2011).

Humphreys v. Clinic for Women, Inc., 796 N.E.2d 247 (Ind. 2003) (concluding that if the Indiana Medicaid program pays for abortions to preserve the lives of pregnant women and where rape or incest cause pregnancy, it must also pay for abortions in cases of pregnancies that create serious risk of substantial and irreversible impairment of a major bodily function).

Doe v. O'Connor, 790 N.E.2d 985 (Ind. 2003) (holding persons previously convicted of sex offenses who have completed their sentences have no constitutional right to a court hearing on whether they pose any future danger to society before their pictures and addresses are posted on the Internet as required by state statute).

Allied Signal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003) (analyzing the application and constitutionality of state products liability statute in asbestos cases).

Bourbon Mini-Mart v. Gast Fuel & Servs., 783 N.E.2d 253 (Ind. 2003) (holding a gasoline service station could seek contribution from its supplier for certain cleanup costs associated with leaking underground gasoline storage tanks).

Northwestern Sch. Corp. v. Linke, 763 N.E.2d 972 (Ind. 2002) (holding a high school random drug testing program permissible under the Indiana Constitution).

Stephenson v. State, 742 N.E.2d 463 (Ind. 2001) (affirming death sentence).

City of Gary, Indiana v. Indiana Bell Telephone Co., 732 N.E.2d 149 (Ind. 2000) (holding city was authorized to impose a “requirements-based fee” on telecommunications providers using city rights-of-way). This case is reprinted and discussed in Richard Briffault, Cases and Materials on State and Local Government Law 734-739 (West Academic Publishing).

Creasy v. Rusk, 730 N.E.2d 659 (Ind. 2000) (holding that while adults with mental disabilities have same general duty of care toward others as those without, defendant Alzheimer’s patient in this case owed no duty of care to nursing assistant because of the relationship between the parties and public policy considerations). This case is reprinted and discussed in Dan B. Dobbs et al., Torts and Compensation (6th ed.) 116-120 (West).

Menard, Inc. v. Dage-MTI, Inc., 726 N.E.2d 1206 (Ind. 2000) (holding corporation could not disclaim contract entered into on its behalf by its president). This case is reprinted in William T. Allen, et al., Commentaries and Cases on the Law of Business Organizations 106-109 (Aspen Publishers).

Baldwin v. Reagan, 715 N.E.2d 332 (Ind. 1999) (affirming the constitutionality of the Indiana Seat Belt Enforcement Act but holding that the Act imposes limitations on police searches greater than those imposed by the Fourth Amendment).

HCC Credit Corp. v. Springs Valley Bank & Trust, 712 N.E.2d 952 (Ind. 1999) (holding that, where a debtor paid off a bank loan with the proceeds of the sale of a secured creditor’s collateral, the secured creditor was entitled to recover the proceeds because the payment was not in the ordinary course of the operation of the debtor’s business). This case is reprinted and discussed in Robert L. Jordan, et al., Secured Transactions in Personal Property (Fifth Edition) 214-223 (Foundation Press).

Fort Wayne Journal Gazette v. Bandido’s , 712 N.E.2d 446 (Ind. 1999) (holding that Indiana law requires both private individuals and public figures prove actual malice in order to recover for defamation in matters of public or general concern).

United Nat'l Ins. Co. v. DePrizio, 705 N.E.2d 455 (Ind. 1999) (responding to a certified question from Federal District Court concerning uninsured and underinsured motorist coverage).

Indiana Wholesale Wine & Liquor Co., Inc. v. State ex rel. Indiana Alcoholic Beverage Com’n, 695 N.E.2d 99 (Ind. 1998) (holding the Court of Appeals erred in reaching a constitutional issue when the case could be resolved on non-constitutional grounds).

Indiana High Sch. Ath. Ass'n v. Carlberg , 694 N.E.2d 222 (Ind. 1998) (holding state high school athletic association decisions constitute “state action” subject to judicial review; upholding association’s “transfer” and “restitution” rules).

Calumet Nat'l Bank v. AT&T , 682 N.E.2d 785 (Ind. 1997), and Consolidated Rail Corp. v. Lewellen, 682 N.E.2d 779 (Ind. 1997) (resolving competing claims of ownership to abandoned railroad rights-of-way).

Hefty v. All Other Members of the Certified Settlement Class, 680 N.E.2d 843 (Ind. 1997) (vacating a settlement in a class action case involving ownership of abandoned railroad rights-of-way).

Barth v. Barth, 659 N.E.2d 559 (Ind. 1995) (derivative claims in closely held corporation). This case is reprinted and discussed in Robert A. Ragazzo & Frances S. Fendler, Closely Held Business Organizations (Second Edition) 750-53 (West).

Wilson v. Pleasant, 600 N.E.2d 327 (Ind. 1995) (holding federal seat belt regulations did not pre-empt state negligence law).

Wright v. State, 658 N.E.2d 563 (Ind. 1995) (clarifying Indiana law as to when a party in a criminal case is entitled to a jury instruction on a lesser included offense).

Johnson v. Colip, 685 N.E.2d 757 (Ind. 1995) (examining whether a lawyer who attended meetings of prospective investors was an "agent" of a securities issuer under Indiana Blue Sky Law).  This case is reprinted in Larry D. Sonderquist & Theresa A. Gabaldon, Securities Regulation (Seventh Edition) 701-704 (Foundation Press).

Publications

Other Publications

  • “View from the Bench” in What’s Law Got To Do With It? (Charles Gardner Geyh, ed., 2011).
  • “Timothy E. Howard” and “Roger O. DeBruler” in Justices of the Indiana Supreme Court (Linda C. Gugin & James E. St. Clair, eds., 2011)
  • “The ABA Judicial Clerkship Program Celebrates Its 10th Anniversary,” 48 Judges J. 14 (2009).
  • “A Tribute to Justice Jon D. Krahulik,” 39 Ind. L. Rev. 719 (2006).
  • “State Bar Excursion to New Orleans Opens Eyes, Breaks Hearts,” 49 Res Gestae 18 (2006).
  • “Maximizing Judicial Fairness & Efficiency: Should Indiana Consider Creating an Office of Administrative Hearings?: Some Questions to Consider Before Indiana Creates a Centralized Office of Administrative Hearings,” 38 Ind. L. Rev. 389 (2005).
  • “Indianapolis Judges and Lawyers Dramatize Ex Parte Milligan, A Historical Trial of Contemporary Significance,” 37 Ind. L. Rev. 661 (2004).
  • “ABA Judicial Clerkship Program Inspired by Brown's Call for Opportunity,” 43 Judges J. 29 (2004).
  • “A Separation of Powers Perspective on Pinochet,” 14 Ind. Int’l & Comp. L. Rev. 409 (2004) (submitted in partial fulfillment of LL.M. requirements, University of Virginia School of Law (2001)).
  • “Using the Techniques of Legal Analysis to Explore History” and “The Opinion of the Board on the Neglect Charges” in The Court-Martial of George Armstrong Custer (Fred H. Cate, Dennis H. Long & David C. Williams, eds., 2001).
  • “Unified Family Court Structure Recommended,” 42 Res Gestae 28 (1998).
  • “Indiana as a Forerunner in the Juvenile Court Movement,” 30 Ind. L. Rev. 279 (1997).
  • “Special Feature: A Tribute to Justice Roger O. DeBruler,” 72 Ind. L.J. 1 (1996).
  • “Supreme Court justice serves jury – literally,” The Indiana Lawyer (April 17, 1996).

Presentations

  • Address, “Two Pivot-Points in American Constitutional History,” 2012 Summit for Appellate Judges, Lawyers, and Staff Attorneys Sponsored by the Appellate Judges Education Institute, New Orleans, Nov. 16, 2012.
  • Lecture, “Selected Developments in Indiana Administrative Law,” Indiana Association of Administrative Law Judges, Indianapolis, Oct. 18, 2012.
  • Remarks and Panel Moderator at the St Joseph County Bar Association’s Program: “Diversity & Inclusion in the Legal Profession,” South Bend, Indiana, Sept. 24, 2012.
  • Remarks, 3rd Sino-U.S. Law Conference on “The Art of Judging,” National Judges College of the People’s Republic of China, Beijing, China, June 11, 2012.
  • Lecture, “Pinochet and Guantánamo: The Role of Courts In Deciding Cases With Foreign Policy Implications,” Indiana University Robert H. McKinney School of Law – Indianapolis, Indianapolis, April 15, 2004.
  • Plenary Session Panelist, “Leading in State Courts: The Unique Challenges Facing Leaders of Loosely Coupled Systems,” Court Technology Conference 2009, Denver, Sept. 23, 2009.
  • Panelist, “The Cutting Edge of Federal-State Preemption: The Advocates' Strategy and the Supreme Court's Decisions in the 2008 Term,” ABA Annual Meeting, Chicago, July 31, 2009.
  • Panelist, “Riding the Erie Railroad Today: Some Round Trips between Federal and State Supreme Courts,” Seventh Circuit Bar Conference, Indianapolis, May 19, 2009.
  • Moderator, “A Rose by Any Other Name,” ICLEF Appellate Practice Seminar, Indianapolis, Oct. 28, 2008, on the topic of unpublished appellate court decisions.
  • Lecture, “The 1866 Milligan Decision: Important Then & Now,” Indiana Judicial Conference, Fort Wayne, Sept. 20, 2007.
  • Remarks, Indiana Department of Correction Leadership Symposium, New Castle, Indiana, Oct. 30, 2007.
  • Remarks, “Justice in the Judge Judy Age,” Downtown Rotary Club, Indianapolis, Sept. 12, 2006.
  • Eulogy, Funeral of Former Congressman J. Edward Roush, Huntington, Indiana, March 31, 2004.
  • Lecture, Health Law Lecture Series, Indiana University Medical School, Indianapolis, Oct. 31, 2003.
  • Remarks, “Court Information Sharing: Roles and Responsibilities of Judges in Developing Policies for the Exchange of Information,” ABA Annual Meeting, San Francisco, Aug. 8, 2003.
  • Address to the Graduating Class, Indiana University Maurer School of Law – Bloomington, May 10, 2003.
  • Lecture, “The Life and Career of Dr. John Brademas,” Ball State University 2002 Stephen J. Sr. & Beatrice Brademas Memorial Lecture, Indianapolis & Muncie, Nov. 13 & 14, 2002.
  • Lectures and Seminars at Dartmouth College’s Senior Symposium, April 7 & 8, 2000.
  • Address, National Symposium on Indigent Defense, Washington, D.C., Feb. 25, 1999, on improving the quality of legal representation for indigent defendants in criminal cases.
  • Address, Annual Meeting of the Conference of Chief Justices, Lexington, Kentucky, Aug. 4, 1998, on public finance topics of concern to state supreme courts.
  • Moderator, Discussion on Local Intergovernmental Relations, at the Annual Judicial Conference of Michigan, July 6, 1998.
  • Address, “A View from the Bench on Legal Writing,” at a continuing legal education program, "The Challenge of Legal Writing in a Technological Age," Indiana University Maurer School of Law – Bloomington, Sept. 27, 1996.
  • Address, National Conference on Funding State Courts, Minneapolis, Sept. 28, 1995, on the topic of the importance of adequate funding for state court systems.
  • Lecture, “Running to be Fair and Impartial: Are Judges Free to Make Campaign Promises?,” Eugene J. McCarthy Center for Public Policy and Civic Engagement, Saint John’s University, Collegeville, Minnesota, Jan. 31, 2011.
  • Presentation to Mexican Prosecutors and Criminal Investigators, “Overview of the United States and Indiana Justice Systems,” USAID-sponsored Conference on the Rule of Law, Indianapolis, Sept. 27, 2010.
  • Address to the Graduating Class, School of Public and Environmental Affairs, Indiana University Purdue University Indianapolis (IUPUI), May 9, 2010.
  • Remarks, “Access to Justice,” Muslim Alliance of Indiana Access to Justice Luncheon, Indianapolis, Oct. 22, 2009.