Professionals

Bryan Babb

Profile

Bryan Babb is the chair of the Appellate Services Group, and a member of the Litigation Group, assisting clients with a wide variety of complex commercial appellate and litigation matters. Mr. Babb also is a member of the firm’s Diversity Committee. Before joining the firm Mr. Babb served as a judicial law clerk for Indiana Supreme Court Justice Frank Sullivan, Jr. A graduate of the United States Military Academy at West Point (B.S. 1989), Boston University (M.S. 1994), and Indiana University Maurer School of Law – Bloomington (J.D. cum laude, 1999), Mr. Babb served as editor-in-chief for Volume 74 of the Indiana Law Journal. Prior to attending law school, Mr. Babb served as a captain in the Field Artillery with 1st Armored Division, U.S. Army, Europe. Mr Babb has been the principal author of numerous appellate and amicus briefs in both state and federal appellate courts and has argued before the Indiana Supreme Court, the Indiana Court of Appeals and the U.S. Court of Appeals for the Seventh Circuit. Mr. Babb also has served as an expert witness on the reasonableness of appellate fees, and his work in this regard was discussed by the Indiana Court of Appeals in Knightstown Banner, LLC v. Town of Knightstown, 882 N.E.2d 270 (Ind. Ct. App. 2008).  Mr. Babb is one of six attorneys from Indiana who have received membership into the American Academy of Appellate Lawyers.

Education

Indiana University Maurer School of Law – Bloomington (J.D. cum laude, May 1999)
Boston University (M.S.B.A., September 1994)
United States Military Academy (B.S., December 1989)

Honors / Awards

  • Member of the American Academy of Appellate Lawyers.
  • Best Lawyers® 2014 Indianapolis Appellate Practice Lawyer of the Year
  • The Best Lawyers in America® 2008 – 2017 in the Appellate practice area
  • Indiana Super Lawyers® 2009 – 2017 (Appellate)
  • Top 50 Indiana Super Lawyers® 2012 – 2017
  • Chambers USA 2013, 2014, 2016 Litigation – Appellate
  • 2006 Carmel High School Distinguished Alumni Award
  • Indy’s Best & Brightest Lawyers 2005 (40 and under) (Junior Achievement/KPMG)
  • Henry Ossian Flipper Award, United States Military Academy
  • Army Football Coaches Award for Leadership

Representative Matters

  • Representation of a state municipality in the first Indiana Supreme Court decision addressing the recently amended state annexation statute (appellate oral argument)
  • Representation of a Fortune 100 military defense contractor before the Indiana Supreme Court in a multi-million dollar contract overrun dispute concerning the next generation stealth fighter
  • Multiple representations before the Indiana Supreme Court concerning emergency transfer and original action matters
  • Multiple representations before the Indiana Court of Appeals concerning emergency stay matters
  • Representation of a large, national real estate company in the first Indiana appellate court decision applying the generally recognized law of “joint ventures” (appellate oral argument)
  • Representation of a school superintendent in the first Indiana Supreme Court decision applying the “public interest privilege” to defeat a defamation claim (appellate oral argument)
  • Representation of a state mayor in the first modern day Indiana Supreme Court decision interpreting the “fraud” subsection of the election contest statute (appellate oral argument)
  • Representation of another state mayor in the first Indiana Court of Appeals proceeding interpreting the “Hatch Act” subsection of the election contest statute (appellate oral argument)
  • Representation of a regional builders association in the first-ever challenge to a local municipal impact fee
  • Representation of a state municipality defending against an incorporation proceeding intended to thwart the municipality’s annexation
  • Representation of numerous local, state, and national interest groups as amici curiae before the Indiana Court of Appeals and Indiana Supreme Court on matters including environmental remediation costs, emotional distress, insurance coverage, collateral source issues, asbestos liability, freedom of the press, etc. (appellate oral argument)
  • Representation of a large, national retail store before the Indiana Supreme Court on an instructional error issue, which resulted in the modern day distinction in standards of review applied to the three types of instructional error typically alleged in Indiana
  • Representation of a national pizza chain in a contract dispute before the Indiana Court of Appeals
  • Representation of various parties before the Indiana Court of Appeals and Indiana Supreme Court on land use matters, including zoning and utility issues
  • Representation of a school corporation in a Title VII case in federal district court
  • Representation of a state municipality in a Section 1983 case in federal district court
  • Representation of two different local municipalities before Indiana state trial courts in separate annexation matters

Appearances / Publications

Speaker: Mr. Babb has appeared as a featured guest in the Indiana Lawyer, on WJOB Radio, and on National Public Radio. He is frequently quoted in Indiana newspapers, including The Indianapolis Star, The Fishers Star, and The Carmel Star, while representing firm clients. Mr. Babb has lectured on numerous aspects of appellate practice for the Indiana Continuing Legal Education Forum, as well as for bar associations at seminars and conferences, including the following:

  • “Advanced Appellate Practice” (ICLEF, July 2012)
  • “Appealable Orders” (ICLEF, May 2012)
  • “Successfully Navigating the Appeals Process” (NBI Seminar, 2010)
  • “Appellate Oral Advocacy” (Evening with the Appellate Judges, ICLEF, May 2009)
  • Moderator: “Riding the Erie Railroad” / Panel Discussion: “State Law Issues in Federal Circuit and District Courts” (7th Circuit Bar Association Annual Meeting, May 2009)
  • “Welcome to the 21st Century: An Appellate Perspective” (ICLEF, Oct. 2008)
  • “Appellate Practice – Tough Topics” (ICLEF, May 2008, French Lick) (Program Chair)
  • “Oral Argument Before Indiana’s Appellate Courts” (Appellate Practice Survey, ICLEF, Oct. 2007)
  • “Motions Practice” (Appellate Skills Institute, ICLEF, Nov. 2006)
  • “Civil Petitions to Transfer and Oral Arguments in the Indiana Supreme Court” (Criminal & Civil Appellate Practice, Lorman, Mar. 2006)
  • “Making It Last: The Preservation of Issues for Appellate Review” (Evidentiary & Discovery Issues in Business Litigation, ICLEF, Oct. 2005)
  • “Initiating the Appeal” (Appellate Practice Survey, ICLEF, Oct. 2004)


Author:
Mr. Babb has authored or co-authored various articles in legal and professional publications, including the following:

Appointments / Memberships

  • Fishers Fire & Emergency Services Merit Board, President (present)
  • Fishers Police Merit Commission, Vice President (present)
  • American Bar Association, Member
  • Indiana State Bar Ass’n, Appellate Practice Section (Council member, 2006-2007)
  • Indianapolis Bar Ass’n, Appellate Practice Section (Chair-Elect, 2008; Chair, Amicus Curiae Committee, 2007; Executive Committee, 2009-present)
  • Indiana University School of Law – Bloomington Alumni Board (2007-present)
  • Indianapolis Bar Ass’n Board of Managers (2007-2009)
  • Indiana Bar Foundation (Fellow, 2005-present)
  • Indianapolis American Inn of Court (Barrister) (2005-present)
  • Indiana Legal Foundation, Legal Advisory Committee (2012 – present)
  • Chair, Indianapolis Bar Association’s Bar Leader Series (2004-2005)
  • General Counsel, West Point Society of Indiana (present)
  • General Counsel & Director, Indy Family Foundation (present)
  • Heroes Foundation Board Member (present)
  • Class XXV, Stanley K. Lacy Executive Leadership Series
  • Co-Class Agent, Indiana University School of Law – Bloomington
  • Member, 1988 Army Football Sun Bowl Team; Commander-in-Chief’s Trophy Winner

Outside the Office

Mr. Babb spends his free time with his daughter and twin sons. He also enjoys exercising, watching Army football and riding with Team Heroes Cycling.

Admissions

Indiana, Indiana Supreme Court, Supreme Court of the United States, United States Court of Appeals for the Seventh Circuit, United States District Court for the District of Columbia, United States District Court for the Northern District of Indiana, United States District Court for the Southern District of Indiana