2026 Hoosier Freedom Honoree
Williiam E. Winingham, Wilson Kehoe Winingham
Whether assisting crime victims as an Assistant U.S. Attorney and state court prosecutor or representing those seriously injured due to negligence or dangerous products, Bill Winingham has always been on the side of those who have suffered from others’ misconduct. His emphasis on civil litigation has evolved to include vehicle accidents, fires and explosions, products liability, and cases against insurance companies for their lack of good faith in settling claims.
Bill has twice been a member of Indiana’s Judicial Nominating and Qualifications Commission since 2011, serving three years terms 2011-2013 and 2020-2022. . This Commission interviews and selects candidates to fill vacancies on the Indiana Court of Appeals and Indiana Supreme Court, and reviews complaints against and filing charges against Indiana judges for judicial misconduct. Bill is also a past chairman and current former member of the Board of Directors for the Rehabilitation Hospital of Indiana Foundation, past member of the Indianapolis Bar Association Board of Directors, a fellow in the American College of Trial lawyers, and currently sits on the Board of Directors for the Indiana Trial Lawyers Association.
Bill has twice been a member of Indiana’s Judicial Nominating and Qualifications Commission since 2011, serving three years terms 2011-2013 and 2020-2022. . This Commission interviews and selects candidates to fill vacancies on the Indiana Court of Appeals and Indiana Supreme Court, and reviews complaints against and filing charges against Indiana judges for judicial misconduct. Bill is also a past chairman and current former member of the Board of Directors for the Rehabilitation Hospital of Indiana Foundation, past member of the Indianapolis Bar Association Board of Directors, a fellow in the American College of Trial lawyers, and currently sits on the Board of Directors for the Indiana Trial Lawyers Association.
Hoosier Freedom Award Criteria
An individual or organization whose efforts, courage, litigation or innovative work result in the creation of a more just society.
William E. Winingham's Nomination
Submitted by D. Bruce Kehoe
Bill has been a member of our organization for over 40 years and a long standing board member. He concentrated his practice on vehicular accidents, product liabilities, fire and explosions, and bad faith litigation against insurance companies. After beginning the first three years of Bill’s career as Deputy Prosecutor and then an additional three years as Assistant United States Attorney, with the balance being here at Wilson Kehoe Winingham, Bill has tried over 100 cases. He has had many outstanding trials and appellate results that have been quite impactful on the rights of our clients and Hoosiers in general. Bill also served as Plaintiffs’ Liaison Counsel in the nationwide MDL for Ford Explorer Firestone tire rollovers, then the largest MDL in the Federal Court system.
Some of the most significant law-changing appellate victories include R.L. McCoy, Inc. v. Jack, 772 N.E.2d 401(Ind. 2002) establishing under comparative fault a defendant at trial gets no credit for payment by a settling defendant. Monroe Guarantee Insurance Company v. Magwerks Corporation, 829 N.E.2d 968 (Ind. 2005) establishing a good faith dispute about insurance coverage does not rule out a claim for bad faith and punitive damages. Medtronic, Inc. v. Estate of Malander, 996 N.E.2d 412 (Ind. App. 2013) federal preemption did not defeat a claim based on assumed duty of Medtronic to provide proper technical support during a defibrillator lead replacement. Tyus v. Indianapolis Power & Light Co., 134 N.E.3d 389 (Ind. Ct. App. 2019) transfer denied 160 N.E.3d 512 (Ind. 2020) Indiana Utility Regulatory Commission cannot grant public utilities immunity from personal injury caused by their own negligence.
One distinction to Bill’s enormous contribution to our system of justice and the creation of a more just society, he tirelessly served two three-year terms on the Indiana Judicial Nominating Commission. During the course of Bill’s first term, 2011 to 2013, the activity involved the eventual appointment of Supreme Court Justice Mark Massa, Supreme Court Justice Loretta Rush, Court of Appeals Judge Rudolph Pyle, and the oversight of the selection of Justice Brent Dickson as success to Chief Justice Randall Shepherd. During the second term, 2020 through 2022, Bill and the members of the commission saw the appointment of Court of Appeals Judges Leanna Weissmann, Judge Peter Foley, and Judge Derek Molter to the Court of Appeals and then on to his position as Supreme Court Justice.
Each of the Judicial appointments involved the screening and interviewing of many applicants, much of which occurred outside of the confines of a commission meeting, requiring many hours of consultation on Bill’s part. His calm, thoughtful wisdom and judgment was much to the benefit of the bar and the commission.
Some of the most significant law-changing appellate victories include R.L. McCoy, Inc. v. Jack, 772 N.E.2d 401(Ind. 2002) establishing under comparative fault a defendant at trial gets no credit for payment by a settling defendant. Monroe Guarantee Insurance Company v. Magwerks Corporation, 829 N.E.2d 968 (Ind. 2005) establishing a good faith dispute about insurance coverage does not rule out a claim for bad faith and punitive damages. Medtronic, Inc. v. Estate of Malander, 996 N.E.2d 412 (Ind. App. 2013) federal preemption did not defeat a claim based on assumed duty of Medtronic to provide proper technical support during a defibrillator lead replacement. Tyus v. Indianapolis Power & Light Co., 134 N.E.3d 389 (Ind. Ct. App. 2019) transfer denied 160 N.E.3d 512 (Ind. 2020) Indiana Utility Regulatory Commission cannot grant public utilities immunity from personal injury caused by their own negligence.
One distinction to Bill’s enormous contribution to our system of justice and the creation of a more just society, he tirelessly served two three-year terms on the Indiana Judicial Nominating Commission. During the course of Bill’s first term, 2011 to 2013, the activity involved the eventual appointment of Supreme Court Justice Mark Massa, Supreme Court Justice Loretta Rush, Court of Appeals Judge Rudolph Pyle, and the oversight of the selection of Justice Brent Dickson as success to Chief Justice Randall Shepherd. During the second term, 2020 through 2022, Bill and the members of the commission saw the appointment of Court of Appeals Judges Leanna Weissmann, Judge Peter Foley, and Judge Derek Molter to the Court of Appeals and then on to his position as Supreme Court Justice.
Each of the Judicial appointments involved the screening and interviewing of many applicants, much of which occurred outside of the confines of a commission meeting, requiring many hours of consultation on Bill’s part. His calm, thoughtful wisdom and judgment was much to the benefit of the bar and the commission.