A. Richard M. Blaiklock

Partner

T: 317.453.8635 | Mobile: 317.418.9181
F: 317.630.2790
E: rblaiklock@lewiswagner.com

Legal Assistant

Suzanne Phebus

T: 317.237.0500
E: sphebus@lewiswagner.com

Biography

Rich focuses his practice on representing individuals, governmental entities, and businesses, in a variety of commercial areas, including contract disputes, shareholder/owner disputes, trade secret and non-competes, auto supply chain issues, business and real estate transactions, business succession planning, regulatory matters and commercial litigation. He has experience litigating multimillion-dollar disputes, with first chair trial and appellate experience in those disputes. He has argued several times to the Indiana Court of Appeals, Indiana Supreme Court, and Seventh Circuit Court of Appeals.

Rich has experience representing manufacturers in stop-ship situations, and he has successfully obtained injunction orders preventing suppliers from terminating ongoing product supply. Rich has extensive experience in multimillion-dollar shareholder disputes and has written and taught continuing legal education seminars on that subject. Rich also represents the Indiana Department of Insurance, Patients Compensation Fund, in tort and coverage cases. More recently, Rich has represented several billboard companies in and outside Indiana, in First Amendment disputes and eminent domain cases. He has written and published law review articles on corporate law, appellate practice, and constitutional issues.

Rich has been selected as an Indiana Super Lawyers® consistently listed as one of Indiana’s top 50 Indiana Super Lawyers. In 2018, Rich was listed as a Top 25 Super Lawyer. From 2012-2021, Rich has been recognized by the Best Lawyers in America® and is Martindale-Hubbell Peer Review Rated AV® Preeminent.

Rich was honored as Co-Recipient, Defense Lawyer of the Year Award by the Defense Trial Counsel of Indiana in 2009. In 2011, Rich was awarded the Indiana State Bar Association, Litigation Section's Civility Award.

Rich is an active supporter of the Leukemia Lymphoma Society, and a member of the Indiana LLS Board of Trustees. In 2017, he raised over $230,000 in a ten-week period and was recognized as ‘Man of the Year” for that accomplishment. In his free time, Rich enjoys playing hockey and golf. He is married with 2 children.

Representative Cases

Heather McKenzie, et al. v. Community Health, et al. (Ind. Ct. App. 2020), represented Defendant Indiana Department of Insurance and Patient’s Compensation fund. Plaintiff claims that a family member of her ex-husband, who worked for Community Hospital, accessed certain medical records and did not have a medical necessity to ascertain and read the records. The Indiana Patient’s Compensation Fund filed an Amicus Curiae brief arguing that the trial court was correct in its ruling that the medical malpractice act does not apply to the claims of Plaintiff. The Appellate Court affirmed Trial Court’s ruling.
G.F. v. St. Catherine Hospital, Inc. (Ind. Ct. App. 2020), represented Defendant Indiana Department of Insurance and Patient’s Compensation Fund. Plaintiff received in-patient treatment at St. Catherine Hospital for pneumonia-related symptoms. While in the hospital, physician Patel told Plaintiff in the presences of Plaintiff’s co—worker that he needed to see an infectious disease doctor. Based on physician Patel’s comments, Plaintiff concluded that he contracted HIV/AIDS and the friend severed all ties with Plaintiff. Plaintiff claimed the discussion of his medical condition in the presence of his friends constituted medical malpractice. The Indiana Court of Appeals agreed with the lower court’s conclusion that as a matter of law, the Indiana Medical Malpractice Act does not apply to the physician’s actions.
Garau Germano v. Indiana Department of Insurance (Ind. Ct. App. 2019). Appellate Court upheld the lower court’s ruling dismissing Plaintiff’s claim for failure to state a claim upon which relief can be granted stating that the Garau Law Firm did not have standing to bring a complaint under the Medical Malpractice Act. Petition to transfer Denied.
Whitesell Precision Components, Inc. v. Autoform Tool & Manufacturing, LLC, 110 N.E.3d 380 (Ind. Ct. App. 2018), Transfer Denied (2019)(Court of appeals affirmed trial court’s denial of Whitesell’s attempt to dissolve a preliminary injunction; oral argument before Indiana Supreme Court).
Howmedica Osteonics Corp. v. DJO Global, Inc et al., 2017 WL 1136671 (D.N.J., March 27, 2017)(non-compete/trade secrets case against Indiana employees transferred to Indiana from New Jersey; Court previously denied Stryker’s motion for temporary restraining order against ex-Stryker employees).
GEFT Outdoor, LLC v. Consolidated City of Indianapolis and County of Marion, Indiana, 187 F.Supp.3d 1002 (S. D. Ind. 2016)(Declaring a version of Indianapolis sign ordinance unconstitutional).
Marsh Supermarkets, LLC v. Roche Diagnostic Operations, Inc., 987 N.E.2d 72 (Ind. Ct. App. 2013), trans denied, (Lead trial and appellate counsel; Breach of long-term lease case in which judgment of $19,563,933 was entered in favor of Marsh after a 7-day trial. Judgment included pre-judgment interest and attorney fees incurred by Marsh. Presented oral argument to the Indiana Court of Appeals, which affirmed the trial court award. Marsh was awarded the present value of its damages for an 18-year lease, prevailing party attorney fees through entry of judgment, and post-judgment interest, for a total recovery of $22,496,918).
Sofaer Global Hedge Fund v. Brightpoint, Inc., et al., 2011 WL 2413831, June 10, 2011 (S.D. Ind.)(Summary judgment in fraud and promissory estoppel case).
Freudenberg - NOK General Partnership v. Allison Transmission, Inc., 934 N.E.2d 972, 2010 WL 3706573 (Ind. Ct. App. 2010) (Lead trial and appellate counsel; Preliminary injunction on behalf of transmission manufacturer against supplier, upheld on appeal).
Brown v. Automotive Components Holding, LLC, 2009 WL 425005 (S.D. Ind. 2009) (Obtained summary judgment for automobile manufacturer in discrimination suit).
Butler v. Indiana Department of Insurance, 904 N.E.2d 198 (Ind. 2009) After patient's medical malpractice action for failure to diagnose her cervical cancer was converted to wrongful death, personal representative of patient's estate sought damages from Patient Compensation Fund for medical and funeral expenses. The Marion County Superior Court ruled that estate was not entitled to recover the difference between medical expenses billed and amounts medical providers agreed to accept pursuant to contractual agreement with insurers and government benefit providers. The Indiana Supreme Court affirmed the Appellate Court’s ruling and held that the estate was not entitled to recover difference between medical expenses billed and amount accepted by medical providers pursuant to contractual agreement.
U.S. Specialty Insurance Co. v. Harley Davidson Credit Corp., 2009 WL 4693511, December 2, 2009 (S.D. Ind.) (Partial summary judgment against insurer on behalf of noteholder for plane crashed by Marcus Schrenker).
Randles v. Indiana Patient’s Compensation Fund, 860 N.E.2d 1212 (Ind. Ct. App. 2007) (Appellate Court affirmed trial court ruling regarding status of plaintiff’s inability to obtain damages, and the amount of damages awarded in wrongful death case).
Northstar Partners v. Marsh Supermarkets, 2005 WL 3429251 (7th Cir. 2005). (Oral argument to 7th Circuit Court of Appeals, summary judgment on lease dispute).
Medical Assurance of Indiana v. Indiana Patient’s Compensation Fund, 808 N.E. 2d 737 (Ind. Ct. App. 2004) Surgeon's malpractice insurer filed declaratory-judgment action against state Patient's Compensation Fund, asserting that insurer was required to pay surgeon's maximum statutory payment once, not twice, regarding surgery that involved two acts of malpractice. The Marion County Circuit Court entered summary judgment in favor of Patient’s Compensation Fund. On appeal, the Indiana Court of Appeals affirmed the lower court’s summary judgment ruling.
Advised Indiana Gaming Commission regarding Caesar’s acquisition of Indiana Grand Casino and related regulatory issues: https://www.ibj.com/articles/69445-caesars-fined-1m-by-state-for-threats-over-casino-expansion.
Represented shareholder in multimillion dollar closely held corporate dispute.

Professional Associations

ALFA International
- Contact Partner
- Business Litigation Practice Group
- Oil, Gas, & Energy Working Group
Defense Research Institute
Defense Trial Counsel of Indiana
- Business Litigation Section Executive Committee, 2015
Defense Trial Lawyer Honorary Society, Litigation Counsel of America Fellow
Federal Bar Association
Historical Society of the United States District Court for the Southern District of Indiana
- Steering Committee
Indiana State Bar Association
- American Citizenship Committee, 2014
Indianapolis Bar Association
- Professionalism Committee, 2010-present
Indianapolis Bar Foundation
- Fellow, 2005

Presentations

BUSINESS LITIGATION: It’s A Team Sport!, Indiana Continuing Legal Education Forum, February 24, 2017, Program Chair.
Buy-Sell Agreements: Anticipating Issues with Scope, Enforcement and Valuation Methodology, Business Valuation Conference, Indiana CPA Society, September 18, 2015.
Center for Business Preparation, Hanover College, 2005, 2006, guest lecturer.
Tortious Interference, Business Litigation Seminar, 2005.
Technology in the Courtroom, Indiana Continuing Legal Education Foundation, 2004.
Shareholder Disputes, Indiana Hot Topics in Business Litigation, PESI, 2003.
Tortious Interference, Shareholder Disputes, Indiana Hot Topics in Business Litigation, PESI, 2002.

Publications

"Blaiklock and Lee on Developing New Practice Areas within a Firm,", by Ian Goodman, The Indiana Lawyer, August 19, 2020.
"COVID-19 and Force Majeure in the Manufacturing Context," The Indiana Lawyer, June 26, 2020.
“Trade Secrets and Agreements Not to Compete: A State by State Compendium – Trade Secrets, Indiana”
The DRI Defense Library Series, 2009-present.
“Enhancing the Spectrum: Media Power, Democracy, and the Marketplace of Ideas,” 3 Ill. Law Rev. 813 (co-author with Ronald J. Krotoszynski, Jr.), 2000.
“Indiana Appellate Procedure in 1998,” 32 Ind. L. Rev., 873 (co-author with Michael A. Wilkins), 1998.
“Fiduciary Duties Owed by Frozen out Minority Shareholders in Close Corporations,” 30 Ind. L. Rev., 763, 1997.
"Indiana Appellate Procedure in 1997,” 31 Ind. L. Rev., 667 (co-author with Michael A. Wilkins), 1997.

Honors & Awards

Martindale-Hubbell Peer Review Rated AV® Preeminent
The Best Lawyers in America® in the fields of Business Organizations (including LLCs and Partnerships); Commercial Litigation; Corporate Law, and Litigation - Real Estate, 2013-2021
- Best Lawyers' 2021 Corporate Law - Lawyer of the Year
- Best Lawyers’ 2016 Indianapolis Business Organizations (including LLCs and Partnerships) - Lawyer of the Year
Indiana Super Lawyers®, 2009-2020
- Top 50, Indiana Super Lawyers®, 2010, 2013-2017, 2019
- Top 25, Indiana Super Lawyers®, 2018
Indiana State Bar Association, Litigation Section's Civility Award, 2011
Co-Recipient, Defense Lawyer of the Year Award by the Defense Trial Counsel of Indiana, 2009

Civic & Community Involvement

Big Brothers Big Sisters of Central Indiana, Management Board, 2002-2004
Big Sisters of Central Indiana, Board of Directors, 1996-2002
Camptown, Board of Directors, 2009-2012
CARA Charities, Honorary Advisory Board, 2008-2010
Heritage Place, Board of Directors, 2004-2010
Leukemia & Lymphoma Society of Indiana Board of Trustees, 2019
Leukemia & Lymphoma Society’s 2017 Indianapolis Man of the Year
Stanley K. Lacy Executive Leadership Series, Class XXIX, 2004-2005
Storytelling Arts of Indiana, Board of Directors, 2001-2003

In The News

Practice Areas

Bar Admissions

State of Indiana, 1997

Courts of Practice

U.S. District Court, Southern District of Indiana, 1997
U.S. District Court, Northern District of Indiana, 2002
U.S. Court of Appeals for the Seventh Circuit, 2005
Supreme Court of the United States, 2019
Supreme Court of Illinois, 2019

Education

Indiana University Robert H. McKinney School of Law, J.D., summa cum laude, 1997
- Executive Notes Editor of the Indiana Law Review, 1996 - 1997
- Fellowships & Scholarships: the John J. Dillon Memorial Fellowship in 1994 and 1995; the Indiana University Alumni Scholarship in 1995; the Indianapolis Bar Foundation Scholarship in 1995; Law School Scholarship in 1994 and 1995.
- Honors: Dean’s List in 1994, 1995, 1996 and 1997; National Dean's List in 1994 and 1996; American Jurisprudence Award on Civil Procedure; American Jurisprudence Award on Contracts; “Top Papers” awards for Contracts I, Civil Procedure l & ll, Employment Discrimination, Family Law and Juvenile Law.
Hanover College, Hanover, Indiana, B.A., 1990

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