Litigation

Barrett McNagny's Litigation Group is the largest group in the law firm, and litigation has been the mainstay of the firm since its beginnings. Over the years, Barrett McNagny's trial attorneys have earned a reputation of experience, integrity, and excellence in all types of cases.  In recent years, we have tried cases involving medical malpractice, business litigation, professional liability, products liability, bodily injury claims, insurance coverage disputes, oil spills, employment contracts, property disputes, contracts for the sale of real estate, annexation, zoning disputes, securities fraud, ERISA, lender liability and breach of warranty cases for products from specialty steel to software. Barrett McNagny represents clients throughout Indiana, regularly practicing in State and Federal courts, at both the trial and appellate levels and before state and federal agencies. Our attorneys have experience in representing clients on an emergency basis filing for and obtaining injunctions or defending injunctions on short notice. Most of our trial attorneys concentrate in two or three substantive areas of the law, allowing them to develop a high level of in-depth knowledge in an area.

Our Litigation Group, like the rest of the firm, is conscious of the costs associated with litigation. The firm is committed to cost-effective litigation by providing and remaining within realistic budgets. Our lawyers' trial experience allows us to assist in the client's own evaluation of whether litigation should even be pursued.

Litigation Services

Our trial attorneys, who are supported by experienced paralegals and legal assistants trained specifically to meet the demands of complex litigation, routinely handle cases in the following areas:

• Commercial Litigation
• Insurance Defense
• Estate and Trust Litigation
• Business Disputes
• Medical Malpractice and Professional Liability
• Copyright & Trademark Infringement
• Real Estate Zoning
• Construction and Mechanic's Liens
• Product Liability
• Insurance Loss / Coverage Issues
• Motor Vehicle and Premises Liability Claims
• Employment Law
• Worker's Compensation
• Mediation Services
• ERISA (Employment Benefits/Pensions)
• Environmental
• Media Issues
• Supply Contract Disputes

In addition, we have extensive experience in pursuing and defending appeals from both State and Federal agencies and State and Federal courts.

Appellate

Litigation doesn't always end when the jury comes back.  Regardless of the outcome at trial, for many cases, the next step is the federal or state appeals courts.

Appellate law is a unique practice that requires attorneys with the know-how to navigate the procedural hurdles involved in perfecting and pursuing an appeal.  Barrett McNagny LLP brings a wealth of experience to all levels of appellate practice, both state and federal, and handles appeals that originate both in-house, as well those that originate from other attorneys and law firms.  

With all appeals, time is of the essence.  Most avenues for civil appeal close after thirty days, and for bankruptcy appeals, the time to act can be even shorter.  We understand this significant constraint and will work directly with the party or with trial counsel to discuss all appellate options, including filing necessary post-trial motions. 

Alternative Dispute Resolution

Resolving a legal dispute may not always require a courtroom. Rather, disputes can be resolved through a method of Alternative Dispute Resolution such as arbitration, mediation, and mini-trials. Barrett McNagny provides capable attorneys with extensive experience in arbitration for multiple party disputes.

Many of our attorneys are certified trained mediators who also have years of dispute resolution experience in matters that involved claims by heirs against estates, disputes between companies and individuals, shareholder battles, construction project claims, and personal injury and wrongful death cases, among others.

Built in 1895, our historic building offers a variety of large and small conference rooms that are well equipped to serve for mediations or arbitrations of any size. Barrett McNagny is centrally located in downtown Fort Wayne, near the corner of Barr and Berry Streets. Conference rooms can be reserved on the same floor or on different floors to suit the needs of the parties involved.

Complete the form below to contact a member of our Litigation team.