Thomas A. Barnard

Partner Indianapolis
Contact Info

Summary

Tom is the past Chair of Litigation Practice Group in Indianapolis, and has substantial experience in class actions and other 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 is the 2019 President of the Indianapolis Bar Association, having served on its Board and as an Officer for many years.

Tom has represented the Indianapolis Colts, and recently prevailed for the Colts in a case before the Seventh Circuit Court of Appeals (Frager v. Indianapolis Colts, Inc., 860 F.3d 583 (7th Cir. 2017)). Tom regularly advises clients regarding environmental and other regulatory matters. 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 was appointed by the Mayor of Indianapolis to serve as a Member of the Air Pollution Control Board for the City of Indianapolis in 2001.

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. 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 a past Chair of the Environmental Legal and Technical Subcommittee of the Indiana Manufacturer's Association and a 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

  • Indianapolis Bar Association

    President
    Member, Board of Directors
    Former President-Elect (2018)
    Former Vice President (2017)

  • Indiana State Bar Association

    Member

  • Indianapolis Air Pollution Control Board

    Former Appointed Member (2004 - 2008)

  • Indiana Chamber of Commerce

    Former Member, Solid & Hazardous Waste Committee of Environmental Quality Control

  • Marion County Bar Association

    Member

  • Indiana Manufacturers Association's Environmental Legal and Technical Subcommittee

    Former Chair

Community Involvement

  • Amani Children's Foundation, Kenya, Africa

    Mission Worker

  • Indiana University School of Law, Bloomington, Alumni Board

    Former Board Member

  • Julian Center

    Volunteer
    Mentor

  • St. Luke Catholic Church

    Member

  • Foster Parent, Marion County, Indiana

    Member