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
  • 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

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

  • 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 certainOther Legal Malpractice Cases—Represented numerous other individual and corporate defendants on legal malpractice claims that have resulted in confidential settlements
  • 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
  • Other Legal Malpractice Cases—Represented numerous other individual and corporate defendants on legal malpractice claims that have resulted in confidential settlements
  • Wine & Canvas v. Muylle— Represented defendant/counterclaimant in trademark infringement case and obtained jury verdict of $270,000 for abuse of process by plaintiff and no liability on plaintiff’s trademark claims
  • Wabash Center v. Accounting Firm —Represented nonprofit agency in accounting malpractice claim; after lengthy litigation, matter was settled for confidential amount
  • 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
  • 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
  • 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
  • Spears v. Brennan, 745 N.E. 2d 862 (Ind. Ct. App. 2001) 
  • 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
  • Marten v. Swain, 601 Fed. Appx. 446, 2015 U.S. App. Lexis 2787 (7th Cir Ind. 2015)
  • Gumwood HP Shopping Partners, L.P., v. Simon Property Group, INC., Price Waicukauski Joven & Catlin, LLC is proud to represent Gumwood in the fight for fair competition against Simon Property Group.

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” (20014 ITLA seminar)
  •  APS 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, Women and the Law Division
  • Indiana State Bar Association
  • Indiana Trial Lawyers Association

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