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Fort Wayne, IN 46802

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Thomas A. Herr has conducted over 100 jury trials, bench trials, arbitrations and contested hearings. He is focused on litigation including estates and trusts, contracts, construction, real estate litigation and copyrights. He has experience in contract disputes, trade secrets, warranty claims, contractual indemnity, insurance coverage, realtor errors and omissions, property easements, copyright and trademark protection and in representing lenders to recover losses caused by mortgage fraud.

Thomas has many published decisions, published articles, and successful speaking engagements under his belt. He is a member of the Allen County Bar Association, the Indiana State Bar Association and the Iowa State Bar Association. In 2014 he was selected by the Allen County Bar Association for the Niemann Citation for Excellence and Professionalism. He is a registered mediator with the Indiana Supreme Court Commission for Continuing Legal Education, and is Vice President of the Board of Directors at Fort Wayne Sister Cities International, Inc. He is an “AV® PreeminentTM”* rated attorney based on peer review ratings by Martindale-Hubbell and was listed in the 2013 & 2015 Best Lawyers in America® publications and in the 2014 Super Lawyers publication for Business Litigation.

Thomas received his J.D. from Drake Law School, 1982 and his B.A., cum laude, from Simpson College in 1978 after spending his junior year abroad studying at the College Year in Athens, Greece.

He is admitted to practice before the Indiana state courts, the United States District Court for the Northern and Southern Districts of Indiana, the United States District Court for the Southern District of Ohio, the United States District Court for the Western District of Missouri, the United States District Court for the Western District of Michigan, the United States Court of Appeals for the Seventh Circuit, the Iowa state and federal courts, and the United States Supreme Court.


  • In re Chapman Irrevocable Trust Agreement, 953 N.E.2d 573 (Ind. Ct. App. 2011); judgment in favor of Trustee to amend the terms of an irrevocable trust (reversed on appeal)
  • Silveus Insurance Group v. Goshert, 873 NE2d 165 (Ind. Ct. App. 2007); defense of employees sued for violation of a non-compete agreement
  • Jones v. General Electric Co., 87 F.3d 209 (7th Cir. 1996); summary judgment and defended appeal to Seventh Circuit and United States Supreme Court on behalf of General Electric in suit brought by employees under § 301 of the Labor Management Relations Act
  • OmniSource Corp. v. CNA/Transcontinental Ins. Co., 949 F.Supp 681 (N.D. Ind. 1996); summary judgment on behalf of insured seeking coverage under general liability insurance policy for losses it incurred after being defrauded in the purchase of scrap metal
  • Mountz v. Carroll, 542 N.E.2d 243 (Ind. Ct. App. 1989); summary judgment defending a claim for easement rights to real estate
  • Wittwer v. Wittwer, 545 N.E.2d 27, 29 (Ind.Ct.App.1989); reversal of the trial court’s determination that a child who had enlisted in the United States Navy was not emancipated.

AV® Preeminent ™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. The AV rating is a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.

The News with Thomas A. Herr

Barrett McNagny Announces Logo Change
Barrett McNagny is pleased to announce a “refresh” of the firm’s identity. The “refresh” includes an updated name, a new logo and a redesigned website.…
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Firm Attorneys Recognized in Indiana Super Lawyers Publication
Barrett McNagny is proud to announce its listing in Indiana Super Lawyers for 2015. 
Read More

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