Bryce H. Bennett, Jr. Partner
|Assistant's Name:||Lana Neligh|
Since 1978, Bryce Bennett has represented businesses, including insurance companies, product manufacturers, construction contractors, real estate and development companies, hospitals, nursing homes, and transportation companies as well as professionals, including doctors, lawyers, insurance and real estate agents, professional and fraternal associations, political subdivisions and municipalities including the City of Indianapolis in thousands of matters, many litigated to conclusion through dispositive motions, negotiated settlements, mediations, arbitrations and numerous bench and jury trials in State and Federal courts.
Bryce is a business and trial lawyer. He represents and counsels business and not-for-profit entities as well as their members, directors and shareholders on various issues, including governance, fiduciary duties and disclosure requirements, contractual matters, intellectual property registration and protection, litigation and risk management, recognizing and minimizing liability exposure, employment issues, non-compete, non-piracy and confidentiality agreements, regulatory and governmental relations, real estate and environmental issues, acquisitions, creditors rights, shareholder rights and exit strategies. He is an experienced director of business entities, serving in leadership positions on several corporate and not-for-profit boards.
Bryce is also a certified Alternative Dispute Resolution mediator and has experience as an arbitrator and as judge Pro Tempore in the Marion Superior Courts.
Since 1978 Mr. Bennett has represented businesses, including product manufacturers, construction contractors, real estate and development companies, hospitals, nursing homes, and transportation companies as well as professionals, including doctors, lawyers, insurance and real estate agents, professional and fraternal associations, political subdivisions and municipalities including the City of Indianapolis in thousands of matters, many litigated to conclusion through dispositive motions, negotiated settlements, mediations, arbitrations and numerous bench and jury trials in State and Federal courts. He has argued appeals before the 7th Circuit Federal Court of Appeals and before the Indiana Supreme Court. He has been admitted to practice pro hac vice in various jurisdictions throughout the United States and has been admitted to the United States Supreme Court since 1991.
- Represented insurers in action where the Indiana Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the insurers against a city seeking insurance coverage for costs relatedto an underlying USEPA action demanding that the city upgrade its sewer system to prevent future combined sewer overflows. City of Evansville, et al. v. United States Fidelity and Guaranty Company, et. al. (Ind. Ct. App. 2012).
- Defended insurance carrier in an nine-figure environmental coverage action brought by utility company, in which numerous Indiana Appellate Courts determined, in serial appeals, that there was no insurance coverage for the utilities’ defense and indemnity costs, when such costs were incurred because of the utility companies’ failure to comply with the Clean Air Act: Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 785 N.E.2d 586 (Ind. Ct. App. 2003), trans. denied; 865 N.E.2d 571 (Ind. 2007), reh’g denied; 873 N.E.2d 105 (Ind. Ct. App. 2007), trans. denied; 915 N.E.2d 524 (Ind. Ct. App. 2009), reh’g denied, trans. denied.
- Defended title company in a negligence action brought by a mortgage holder, in which Indiana Supreme Court elaborated upon an important exception to the economic loss doctrine: U.S. Bank, N.A. v. Integrity Land Title Corp., 929 N.E.2d 742 (Ind. 2010).
- Argued before the Indiana Supreme Court in a case of first impression, in which Court held, in cases mediated under Indiana’s ADR Rules, settlement agreements must be memorialized in a signed writing to be enforceable: Vernon v. Acton, 732 N.E.2d 805 (Ind. 2000)
- Argued before the Indiana Supreme Court on behalf of landowner alleged to have breached duty to invitee to prevent criminal acts of third parties, in which the Court affirmed grant of summary judgment in favor of landowner, on the grounds landowner did not breach duty to take reasonable steps to prevent foreseeable criminal acts against invitees: L.W. v. Western Golf Ass’n., 712 N.E.2d 983, 136 Ed. Law Rep. 538 (Ind. 1999).
- Defended nursing home against negligence action premised on the nursing home’s liability for the conduct of a volunteer, in which the Court affirmed grant of summary judgment to nursing home based on the gratuitous servant doctrine and doctrine of non-delegable duty: Gilbert v. Loogootee Realty, LLC d/b/a Loogootee Nursing Center, 928 N.E.2d 625 (Ind. Ct. App. 2010), reh’g denied.
- Represented the parents of Sue Ann Lawrance in Indiana’s Right-to-Die case: In the Matter of Lawrance, 579 N.E.2d 32 (Ind. 1991).
- Prosecuted patent infringement claims on behalf of table pad manufacturer. Obtained summary judgment in favor of client, in which court found that client’s patent had been infringed, and that a competitor’s patent was invalid: Berger v. Ohio Table Pad Co., 539 F.Supp.2d 1069 (N.D. Ind. 2008).
- Prosecuted multi-million-dollar mechanic’s lien claim on behalf of general contractor in both state court and bankruptcy court: PCL/Calumet v. EnterCitement, LLC, 760 N.E.2d 633 (Ind. Ct. App. 2001).
- Defended municipality against negligence action, in which Court affirmed grant of summary judgment in favor of town, on the basis that the town was statutorily immune from the plaintiff’s claim: Babinchak v. Town of Chesterton, 598 N.E.2d 1099 (Ind. Ct. App. 1992).
- Defended property owners in a negligence action, in which Court directed the trial court to enter summary judgment in favor of homeowners and against plaintiff, on the basis that, in response to a summary judgment motion, a plaintiff may not change her testimony: Frampton v. Hutcherson, 784 N.E.2d 993 (Ind. Ct. App. 2003).
- Defended property owners against negligence action brought by visitor, in which Court affirmed grant of summary judgment in favor of property owners: Reed v. Beachy Const. Corp., 781 N.E.2d 1145 (Ind. Ct. App. 2002).
- Defended vendors in action for fraud by purchasers of a home, in which Court affirmed grant of summary judgment in favor of vendors: South v. Johnson & Dudley Real Estate, 437 N.E.2d 494 (Ind. Ct. App. 1982).
- Martindale-Hubbell AV-Rated
- Indiana Lawyer’s Distinguished Barrister Award for Leadership in Law 2012
- Recipient, American Jurisprudence Award in Business Associations
- Listed in several “Who’s Who” publications, including “Who’s Who in America” and “Who’s Who in American Law”; “Who’s Who in the World”
- “Grand Buffalo” of Indianapolis Press Club
- Member, Charter Class of Indianapolis Business Journal’s top 40 “hotshots” from various professions and businesses who made their mark in Indianapolis before their 40th birthday.
- Indianapolis Bar Association Fellow
- Indiana Bar Association Fellow
- Indiana Super Lawyers® (2004-2013)
Bryce is active on numerous community service committees and has experience as an Officer, Director and Counsel to several boards, including:
- Indiana Election Commission, Commissioner (2012 - Present)
- Arts Council of Indianapolis, Chairman (2012 - Present)
- Central Indiana Better Business Bureau, Chair of the Board (2006-2008); Member, Board of Directors (2002 - 2008)
- Counsel to the Better Business Bureau (2009-Present)
- Central Indiana Small Business Development Center, Board of Advisors (1999-2000) (2003-2007)
- President, Board of Directors, Indianapolis City Market Corporation (1998-2000)
- Indianapolis Bar Foundation Board of Directors (1995-2002); President (2001)
- Indiana Chamber of Commerce: Small Business Council; Economic Development and Congressional Affairs Committees
- Indianapolis Bar Association, Board of Managers (1995-1997) (2001-2003)
- House of Delegates, Indiana State Bar Association (1996-2003)
- Indianapolis Symphony Orchestra, Board of Directors (2004-2007)
- Skyline Club Board of Governors (1994-Present)
- Director and Officer of the Arts Council of Indianapolis (2002 - Present) Treasurer, Secretary, Vice Chair
- Chair, City of Indianapolis Equal Opportunity Advisory Board (1994-1996)
- Rotary Club of Indianapolis (1991-2004)
- Sr. Vice President and General Counsel for Hemophilia of Indiana, Inc. (1991-1999)
- General Counsel and Treasurer of the Indianapolis Press Club (1991-1998)
- Vice President and Director, American Pianists Association (1994-2000)
- Indianapolis Philharmonic Orchestra, Vice President, Board of Trustees (1995-2004)
- Historic Indianapolis City Market Foundation, Chair, Board of Directors (2004-2007)
- Indiana Political Subdivision Risk Management Commission (2007-2010)
- Indianapolis Marion County Public Library Strategic Planning Committee (2008)
- Indianapolis Marion County Public Library Foundation, Board of Directors (2009-Present)
- Indiana Health Care Foundation, Board of Directors (2009-2010)
- Indiana Health Care Policy Institute, Chair (2011-Present)
- Sylvan Beach Resort Company, Director, President (1999-2001)
- Indianapolis Bar Association
- Indiana State Bar Association
- American Bar Association
- International Association of Defense Counsel
- Seventh Circuit Bar Association
Bryce was the keynote speaker delivering the commencement address to MBA graduates of the Indiana University Kelley School of Business in May 2010. He has also served as Chairman, Moderator and Faculty Member for business and litigation seminars on Maximizing Cash Flow, Trial Techniques, Evidence, Case Evaluation and Negotiation, Legal Ethics and Malpractice, Dispute Resolution, Handling Media Inquiries, Fraternity Risk Management and has been a featured speaker at a meeting of the Indiana Fellows of the American College of Trial Lawyers.
Bryce has published and been the subject of articles in the Indianapolis Business Journal, Indiana Lawyer, Insurance Institute of Indiana Policy Maker and various trade publications and newsletters:
- Kelley School of Business, Indiana University-Bloomington, B.S., Finance (with high distinction and Beta Gamma Sigma) 1975; J.D.
- Indiana University Robert H. McKinney School of Law (J.D., magna cum laude, Associate Editor, Indiana Law Review) 1978.
- Indiana (1978)
- U.S. District Court, Southern District of Indiana
- Seventh Circuit Court of Appeals (1984)
- U.S. Supreme Court (1991)
- Numerous pro hac vice admissions in state and federal courts throughout the United States