Carol Nemeth Joven

Member

Overview

Carol Nemeth Joven has extensive experience as a litigator, having tried cases and argued appeals in state and federal courts. Her current practice focuses on plaintiffs’ complex civil litigation, including antitrust and other business disputes, professional malpractice, civil rights, and personal injury.

Carol formerly served as a Deputy Attorney General in the Office of the Attorney General of Indiana, where she represented the state, its agencies and employees in trial and appellate litigation, including over two hundred appeals. Carol also previously served as a Judicial Law Clerk for Judge John Baker of the Indiana Court of Appeals.

Carol graduated cum laude from Indiana University School of Law where she was the recipient of several honors, including the American Jurisprudence Award for Civil Procedure.

Carol is an active member of the Executive Committee of the Appellate Practice Section of the Indianapolis Bar Association, and was the Chair of that Committee in 2017. She has presented at continuing legal education seminars on topics including ethics and appeals. Carol was awarded an AV Rating from Martindale-Hubbell, which designates the highest rating for legal ability and ethical standards by that organization.

Education

  • J.D. cum laude, Indiana University School of Law-Bloomington
  • B.A. – Economics with high distinction, Indiana University
  • Certificate, Liberal Arts & Management Program, Indiana University

Bar Admissions

  • Indiana, 1994
  • Ohio, 1995 (license inactive)
  • U.S. District Court Northern District of Indiana, 1994
  • U.S. District Court Southern District of Indiana, 1994
  • U.S. Court of Appeals 7th Circuit, 2003
  • United States Supreme Court, 2012

Awards & Distinctions

  • AV Rating from Martindale-Hubbell
  • Editorial Staff, Indiana Law Journal
  • Best Lawyers in America, 2021
  • Judicial Clerk to Judge John G. Baker, Indiana Court of Appeals
  • American Jurisprudence Award – Civil Procedure
  • Glen D. Peters Scholarship, 1991 – 1994
  • Phi Beta Kappa
  • Indiana Super Lawyers, Business Litigation, 2019 – present

Publications

  • Carol A. Nemeth and Jana K. Strain, Recent Developments in Indiana Tort Law, 39 IND. L. REV. 1289 (2006)
  • Carol A. Nemeth and Jana K. Strain, Recent Developments in Indiana Tort Law, 38 IND. L. REV. 1379 (2005)

Community

  • Board of Directors – Lawrence Summer Kids Camp
  • St. Simon the Apostle Catholic Church

Representative Cases

  • Taylor v. Duke, 713 N.E.2d 877 (Ind. Ct. App. 1999)—Represented trucking company and driver and won summary judgment in their favor where they owed a limited duty to a trespasser.
  • Spears v. Brennan, 745 N.E. 2d 862 (Ind. Ct. App. 2001) 
  • Hubbard v. Tomlinson, 747 N.E. 2d 69 (Ind. Ct. App. 2001)—Represented accountants and persuaded appellate court that accountants were entitled to summary judgment where shareholder’s claim should have been brought as a derivative action.
  • Clary v. Lite Machines Corp., 850 N.E.2d 423 (Ind. Ct. App. 2006)—Represented plaintiff in legal malpractice case, resulting in jury verdict of $3.6 million, affirmed on appeal.
  • Arlton v. Schraut. 936 N.E.2d 831 (Ind. Ct. App. 2010)—Represented plaintiff in medical malpractice case; after obtaining appellate reversal of initial trial court decision, obtained settlement of over $1,000,000.
  • Zukerman v. Montgomery, 945 N.E.2d 813 (Ind. Ct. App. 2011)—Represented real estate investor in dispute with business partner; obtained reversal of trial court ruling that erroneously enforced a settlement contract, the terms of which were not reasonably certain.
  • Armour v. City of Indianapolis, 132 S.Ct. 2073 (2012)—Represented plaintiff homeowners in Section 1983 claim against the City of Indianapolis for violating Equal Protection Clause with respect to unequal forgiveness of sewer assessment.
  • Wine & Canvas v. Muylle (2014)—Represented defendant/counterclaimant in trademark infringement case and obtained jury verdict of no liability on plaintiff’s trademark claims and won judgment of $446,000 on counterclaim for abuse of process.
  • Marten v. Swain, 601 Fed. Appx. 446, 2015 U.S. App. Lexis 2787 (7th Cir Ind. 2015)
  • Gumwood v. Simon Property Group (2018)—Represented shopping center developer in antitrust suit against world’s largest shopping center owner; after three-week trial, jury returned a verdict in favor of our client; case was then settled for confidential amount.
  • Represented law firm on appeal (2018)—Represented another law firm on appeal of a judgment that enforced an underlying settlement between that law firm’s former client and the underlying defendants and affirmed the trial court’s award of fees and expenses to the law firm.
  • Truck Accident with Traumatic Brain Injury (2019)—Represented plaintiff in lawsuit against a large corporation after plaintiff was rear-ended by commercial truck on state highway; case was settled for confidential amount.
  • Legal malpractice cases with Underlying Medical Malpractice claims (2019)—Represented two plaintiffs in unrelated cases, both of whom had medical malpractice claims that were lost due to untimely filing; cases were settled for confidential amounts.
  • Other Legal Malpractice Cases—Represented numerous other individual and corporate defendants on legal malpractice claims that have resulted in confidential settlements.
  • Wabash Center v. Accounting Firm—Represented nonprofit agency in accounting malpractice claim; after lengthy litigation, matter was settled for confidential amount.

Speaking Engagements

  • Ethics Rules and Regulations Surrounding Social Media (2011 NBI, Inc. seminar)
  • Indiana Appellate Rule Amendments Effective January 1, 2014 and Proposed Appellate Rule Changes” (2014 ITLA seminar)
  • Indianapolis Bar Association Appellate Practice Section’s Annual Round Table moderator

Memberships & Associations

  • Indianapolis Law Club
  • Indianapolis Bar Association
    • Member of Executive Committee of Appellate Practice Section (and Former Chair)
    • Member of the Indianapolis Bar Foundation Board of Directors
    • Former Member Executive Committee of Women and the Law Division
  • Indiana State Bar Association
  • Indiana Trial Lawyers Association

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