Thomas A. Barnard

Partner Indianapolis
Contact Info

Summary

Tom has substantial personal experience in complex litigation, particularly involving environmental, insurance coverage, takings and securities issues. For over 30 years, he has represented clients in federal and state courts from Indiana to Washington, D.C. He was hired by Indiana's Governor to prosecute the State's environmental civil claims arising from the largest fishkill in Indiana's history.

Tom has prevailed in other notable environmental cases, including a recent federal case in which he obtained a default judgment under the Resource Conservation and Recovery Act as a sanction for discovery abuses. Tom also prevailed in one of the first Indiana Supreme Court decisions interpreting the Indiana Underground Storage Tank Statute, decided in 1998.

Tom has represented publicly traded companies in million dollar environmental litigation, and recently prevailed in a $40 million business lawsuit, involving Sherman Act, RLUIPA and Indiana Home Rule claims, to enable the firm's catholic hospital client to construct a major hospital expansion.   He represented one of the country's largest egg producers in a precedent-setting regulatory takings case in the Court of Federal Claims in Washington, D.C., and regularly pursues insurance coverage in connection with environmental contamination claims.

Tom was the primary drafter of Indiana's Environmental Audit Privilege law, and when the bill passed in 1996, Indiana became only the second state in the country to provide litigation protection for companies conducting compliance audits. He was asked to testify in Washington, D.C. to the USEPA subcommittee on the eventual federal policy for self-audits and self-disclosure.  

Tom is a 1982 graduate of the Indiana University Maurer School of Law, Bloomington (cum laude), and a 1979 graduate of Purdue University (Bachelor of Science with honors). He has been listed in Best Lawyers in America® for bet-the-company, commercial and environmental litigation and mediation, and also has been named an Indiana Super Lawyer. Tom currently serves as the first vice-president of the Indianapolis Bar Association's Board of Directors and will be president-elect in 2018 and president in 2019.He is a past chairman of the Indiana State Bar Association's Environmental Law Section and was named Environmental Litigator of the Year in 1995. Tom is also a past Chair of the Environmental Legal and Technical Subcommittee of the Indiana Manufacturer's Association and frequent speaker and author on litigation, insurance and environmental topics. He has been rated for four years as a "Top Local Plaintiff Litigation Star” in Indiana for Environmental by Benchmark Litigation. He was listed in Chambers USA 2015 for Environmental Law.

Awards

All Service Areas

Education

  • Indiana University Maurer School of Law - Bloomington (1982)
  • Purdue University (1979)

Admissions

  • Federal - 7th Circuit Court of Appeals
  • Federal - Northern District of Indiana
  • Federal - Southern District of Indiana
  • State - Indiana

Professional Affiliations

  • AV Peer Review Rating (LexisNexis/Martindale-Hubbell) (Awarded)
  • American Bar Association (Member)
  • Benchmark Litigation Star (Honoree)
  • Best Lawyers in America® (Member)
  • Indiana Chamber of Commerce (Former Member, Solid & Hazardous Waste Committee of Environmental Quality Control)
  • Indiana State Bar Association (Member)
  • Indiana Super Lawyers (Member)
  • Indianapolis Bar Association (Board of Directors: First Vice President, 2017; President-Elect, 2018; President, 2018)

Community Involvement

  • Amani Children's Foundation, Kenya, Africa (Mission Work)
  • Indiana Manufacturers Association's Environmental Legal and Technical Subcommittee (Former Chair)
  • Indiana University School of Law, Bloomington, Alumni Board (Former Board Member)
  • St. Luke Catholic Church (Member)