Joshua W. Casselman
Indianapolis Creditors' Rights & Construction Lawyer
Partner Josh Casselman represents businesses in commercial litigation matters, with a focus on creditors’ rights, secured transactions, and construction law.
He is experienced in helping contractors, subcontractors, and suppliers preserve, perfect, and enforce their rights arising from work performed on both private and public construction projects, including filing and foreclosing mechanics’ liens, enforcing rights against payment bonds, and prosecuting and defending construction-related claims in both state and federal courts. He also represents creditors in a broad range of other commercial litigation matters, including replevin, mortgage foreclosure, collection actions, and contract disputes.
How I Help
I understand the steps necessary to protect the interests of construction clients both before and after their work on construction projects begins. Proactively ensuring that construction clients’ full arsenal of legal rights are created, preserved, and protected often is the difference between recovering the full amount of the debt and writing it off to bad debt. My practice is focused on helping construction clients obtain payment without the need for costly litigation whenever possible, including by asserting statutory mechanic’s lien and bond claims, and protecting their interests through zealous representation where litigation becomes unavoidable.
I also represent creditors in a broad range of other commercial litigation matters from contract disputes, to collection and replevin actions, to mortgage foreclosures. My experience in handling commercial disputes allows me to provide pragmatic advice based on the goals of the client, the economic realities of the case, and an accurate assessment of the strengths and weaknesses of the client’s position based on the facts presented and applicable law. I pride myself on being effective and efficient and finding the points of leverage needed to put my client in the driver’s seat in negotiations and litigation.
Career Highlights and Notables
- Serv. Steel Warehouse Co., L.P. v. United States Steel Corp., No. 21S-CC-408, 2022 Ind. LEXIS 152, 2022 WL 713361 (Mar. 10, 2022), vacating 171 N.E.3d 115 (Ind. Ct. App. 2021)
- Liberty First Bank v. Auto. Fin. Corp., 179 N.E.3d 510 (Ind. Ct. App. 2021)
- Randall v. Auto. Fin. Corp., 2019 Ind. App. Unpub. LEXIS 1229 (Ind. Ct. App. 2019)
- Auto. Fin. Corp. v. Thornton Motor Co., 2018 Ind. App. Unpub. LEXIS 963 (Ind. Ct. App. 2018)
- B.J.’s Auto Wholesale, Inc. v. Auto. Fin. Corp., 2017 Ind. App. Unpub. LEXIS 1589 (Ind. Ct. App. 2017)
- Fernandes v. Auto. Fin. Corp., 2017 Ind. App. Unpub. LEXIS 1338 (Ind. Ct. App. 2017)
- Sci. Dust Collectors v. Carbonyx Inc., 2016 U.S. Dist. LEXIS 80372 (N.D. Ind. 2016)
- O’Neal Flat Rolled Metals, LLC v. Major Tool & Mach., Inc., 2015 Ind. App. Unpub. LEXIS 472 (Ind. Ct. App. 2015)
- Revercomb v. Yellow Book Sales & Distrib. Co., 2014 Ind. App. Unpub. LEXIS 69 (Ind. Ct. App. 2014)
- Schalk v. v. Yellow Book Sales & Dist. Co., Inc., 2012 Ind. App. Unpub. LEXIS 650 (Ind. Ct. App. 2012)
- Warrum Constr. Inc. v. Yellow Book Sales & Dist. Co., Inc., 2011 Ind. App. Unpub. LEXIS 784 (Ind. Ct. App. 2011)
- Reed v. Blue River Welding Supply, Inc., 2010 Ind. App. Unpub LEXIS 750 (Ind. Ct. App. 2010)
- Reed v. Indianapolis Welding Supply, Inc., 2010 Ind. App. Unpub. LEXIS 711 (Ind. Ct. App. 2010)
Presentations/Publications/CLE
- Indiana State Commercial Law Update, Indianapolis Bar Association (2017, 2018, 2019, 2020, & 2021) (co-author and co-presenter)
- “Other Creative Ideas for Collecting Your Claim and Ethics,” ICLEF Mechanic’s Liens and Claims against Bonded Construction Projects seminar (2010) (author and presenter)
- “Ethical Considerations in Foreclosure Actions,” National Business Institute (2009) (author and presenter)
- “Building an Ethical Foundation for Business Entity Formation,” National Business Institute (2008) (co-author)
- “I Have a Judgment: Now What?,” Indianapolis Bar Association (2009) (co-presenter)
- “Using Accounting & Financial Records as Evidence,” National Business Institute (2008) (co-author)
- “State Court Attorney’s Fees,” IBA Bench Bar Conference (2008) (co-presenter)
- China’s Latest ‘Threat’ To the United States: The Failed CNOOC-Unocal Merger and Its Implications for Exon-Florio and CFIUS, 17 Ind. Int’l & Comp. L. Rev. 155 (2007)
AWARDS AND RECOGNITIONS
- Selected to the 2022 The Best Lawyers in America®. Recognized in the Litigation – Construction section.
- Selected to the 2021 Indiana Rising Stars List, composed of no more than 2.5 percent of the lawyers in the state selected by Super Lawyers, a Thomson Reuters business
The best reward for work well done is the opportunity to do more.
Education
- J.D., cum laude, Indiana University School of Law-Indianapolis (2007)
- B.A. (Economics), summa cum laude, Albion College (2004)
Admissions
- Indiana State Bar
- United States District Court for the Northern and Southern Districts of Indiana
Associations
- United States District Court for the Northern and Southern Districts of Indiana
- Indianapolis Bar Association