Matthew Barrett

Practice Areas

• Automobile Accidents
• Semi-Truck Accidents
• Wrongful Death
• Motorcycle Accidents
• Moped Accidents
• Dog Bites
• Brain and Spinal Cord Injuries
• Construction Injuries
• Pedestrian Accidents
• Bus Crashes
• Three-Wheeler, Four Wheeler and ATV Accidents
• Airplane/Boat/Train Crashes
• Birth Injuries
• Nursing Home Injuries
• Pharmacy Mistakes
• Burns/Fires/Explosions
• Dismemberment
• Slip and Fall
• Drowning
• School and Playground Injuries
• Sex Abuse at School/Daycare
• Daycare Injuries
• Defective Products
• Civil Rights/Police Misconduct
• Underinsured/Uninsured Motorist Claims
• Insurance Bad Faith
• Insurance Claims
• Felonies
• Misdemeanors
• Drunk Driving/OWI/DUI
• Minor Consumption
• Driving While Suspended/Without a License
• Marijuana/All Other Drug Offenses
• Battery
• Domestic Battery
• Criminal Confinement
• Disorderly Conduct
• Robbery
• Theft
• Sex Crimes
• Trespass
• Arson
• Firearm Offenses
• Forgery
• Fraud
• Homicide – Murder/Manslaughter
• Habitual Traffic Violator
• Traffic Offenses
• Bond Reduction

Education

• Valparaiso University School of Law, Valparaiso, Indiana
  • J.D. - 2002
  • Honors: Special Commendation for Pro Bono Externship
  • Honors: Honor Papers in Pretrial Skills and Advanced Appellate Advocacy
• Indiana University - Bloomington, Bloomington, Indiana
  • B.A. - 1998
  • Honors: Dean's List (4 Semesters)
  • Major: English Literature
  • Minor: History

Classes & Seminars

• Featured Speaker, "Civil Rights and DWI", Crown Point, Indiana, 2004
• Lecturer, Topics In Medical Malpractice Law, Health Careers Exploration Class, Century Career Center, Logansport High School, 2006

Pro-Bono Activities

• Participant, Great Grown-Up Spelling Bee, Literacy Volunteers of Cass County, 2005
• Judge, Great Grown-Up Spelling Bee, Literacy Volunteers of Cass County, 2006
• Chief Organizer and Tour Guide, Law Day at Cass County Courthouse, 2006
• Member, Cass County Community Foundation Scholarship Committee, 2008
• Volunteer, Muscular Dystrophy Fundraiser, 2008
• Tour Guide, Law Day at Cass County Courthouse, 2008
• Board of Directors, Cass County Historical Society, 2010 to 2011
• Founder, Indiana State Trooper Daniel R. Barrett Memorial Scholarship

Published Works

• "Failing to Provide Police Protection: Breeding a Viable and Consistent 'State-Created Danger' Analysis for Establishing Constitutional Violations Under Section 1983", 37 Valparaiso University Law Review 1, Fall, 2002
• "Preparing Your Client for Deposition Testimony", American Bar Association - The Young Lawyer, July/August, 2005
• "How to Deal With an Objection of Privilege Based on Indiana's Peer Review Statute During the Course of Pre-Trial Discovery", Indiana Trial Lawyers Association, VERDICT, 2005
• "And Just Where Do You Think You're Going?": Police Detention of Passenger Who Walks Away From Vehicle During Traffic Stop, Res Gestae, March, 2006
• "Indiana's New 'Communication of Sympathy' Statute: Saying 'I'm Sorry' In the Context of Medical Malpractice and Other Personal Injury Accidents", Indiana Lawyer, (Vol. 17, No. 8) June/July, 2006
• "Groundless Cases Still Get Into Court", Indiana Lawyer (Featured Interview), (Vol. 17, No. 10) July/August, 2006
• "A Brief Review of What Types of Claims Fall Within and Outside the Scope of Indiana's Medical Malpractice Act", Indiana Trial Lawyers Association, VERDICT, 2006
• "A Modest Proposal: Submitting a Joint Discovery Plan In Federal Court", American Bar Association - The Young Lawyer, September, 2006
• "Waiver of Right Forms Under Miranda: Not a Ritual of Words to be Recited by Rote According to Didactic Niceties", Open Court, Newsletter of the Criminal Justice Section, Indiana State Bar Association, Vol. XI, No. 1, December, 2006
• "Recovering Damages for Tortious Injury to Historic Buildings and Other 'Special Purpose' Property In Indiana: Drawing the Line Between Fair Market Value and Cost Repair' In Cases of Permanent Damage", Res Gestae, December, 2006
• "A Case of Bad Breath: Does the Odor of an Alcoholic Beverage, By Itself, Establish Probable Cause for a Police Officer to Offer Chemical Test In the Context of DWI Offenses?", Open Court, Newsletter of the Criminal Justice Section, Indiana State Bar Association, Vol. XII, No. 1, May, 2007
• "Supreme Court Clarifies Five Exceptions to Nonliability Involving Personal Injury Claims Asserted by a Contractor's Employee", Indiana Civil Litigation Review (publication of the Defense Trial Counsel of Indiana), Vol. 3, No. 2, May, 2007
• "Brendlin v. California: Supreme Court Holds That a Passenger Is "Seized" for Fourth Amendment Purposes and Can Challenge Legality of a Traffic Stop", Open Court, Newsletter of the Criminal Justice Section, Indiana State Bar Association, Vol. XII, No. 2, October, 2007
• "The Attorney Commitment In Traumatic Brain Injury Cases", American Bar Association - The Young Lawyer, November, 2007
• "Federal Preemption of State Law Claims Involving Class III Medical Devices", Illinois Trial Lawyers Association, Trial Journal, Vol. 10, No. 1, Winter, 2007
• "Calm the Child Witness", TRIAL, Journal of the American Association for Justice (formerly American Trial Lawyers Association), February, 2008
• "Coughing It Up: Indiana Supreme Court Holds That Police Chokeholds Are Unreasonable Searches and Seizures", Open Court, Newsletter of the Criminal Justice Section, Indiana State Bar Association, Vol. XIII, No. 1, February, 2008
• "Reducing the State's Cut: Amending Indiana's Split-Award Statute In Punitive Damage Cases", The Indiana Litigator, Newsletter of the Litigation Section, Indiana State Bar Association, Summer, 2008
• "Representing Children In Cases Involving Wrongful Death of a Parent", Res Gestae, July/August, 2008
• "Estoppel to Extend Insurance Coverage Based on Bad Faith", Indiana Civil Litigation Review (publication of the Defense Trial Counsel of Indiana), Vol 5., No. 2, November, 2008
• "Holding a Surgeon Liable for Medical Negligence of Another Under the 'Captain-of-the Ship' Doctrine", Indiana Trial Lawyers Association, VERDICT, 2010
• "Recovery for Separate Acts of Negligence Under Indiana Medical Malpractice Act", Indiana Trial Lawyers Association, VERDICT, 2011

Professional Associations

• Cass County Bar Association, Member
• Indiana State Bar Association, Member
• Indiana Trial Lawyers Association, Member
• American Association of Justice, Member
• The National Trial Lawyers, Member
• Brain Injury Association of Indiana, Member
• Civil Justice Foundation, Member
• Open Court, Newsletter of the Criminal Justice Section - Indiana State Bar Association, Editor, 2007 to 2008
• Logansport-Cass County Chamber of Commerce, Member
• Million Dollar Advocates Forum, Life Member
• Multi-Million Dollar Advocates Forum, Life Member
• Elite Lawyers of America, Life Member
• National Academy of Personal Injury Attorneys, Member
• Rue Ratings’ Best Attorneys of America, Member
• Cass Circuit Court, Judge, pro tempore, 2009

Current Employment Position

• Attorney

Bar Admissions

• Indiana, 2003
• U.S. District Court Northern District of Indiana, 2003
• U.S. District Court Southern District of Indiana, 2003
• U.S. Court of Appeals District of Columbia Circuit, 2004
• U.S. Court of Appeals 7th Circuit, 2003
• U.S. Court of Appeals 6th Circuit, 2005
• U.S. Supreme Court, 2006

Honors

• Honors Paper in Pretrial Skills, Criminal Pleadings and Advanced Appellate Advocacy
• Ranked upper 1/3 in Legal Writing and Research
• Special Commendation for 41 hours of Pro Bono Externship
• Harrison Legal Writing Award (First-Place Recipient)
• Harrison Legal Writing Award (Second-Place Recipient)
• Award, Rue Ratings’ Best Attorneys of America
• Award, “Top 10 Under 40” in Indiana, National Academy of Personal Injury Attorneys

Representative Cases

• Richard v. State, 820 N.E.2d 749, 2005, Ind. Ct. App.
• Masick v. McColly Realtors, Inc. and Saxon Drywall, 858 N.E.2d 682, 2006, Ind. Ct. App.
• Cincinnati Insurance Co. v. Hamilton Beach/Proctor-Silex, Inc., et al., 2006 WL 299064, 2006, N.D. Ind.
• Ryan-Louie v. DeFazio, 2007 WL 433067, 2007, N.D. Ind.
• Wheeler v. Lawson, 2007 WL 844870, 2007, N.D. Ind.
• Walker v. Martin, et al., 862 N.E.2d 330, 2007, Ind. Ct. App.
• Beatty v. Martin, et al., 868 N.E.2d 73, 2007, Ind. Ct. App.
• Bob Anderson Pontiac d/b/a Mike Anderson Chevrolet of Merrillville, Inc. v. Indiana Department of Workforce Development, 867 N.E.2d 282, 2007, Ind. Ct. App.
• Cincinnati Insurance Co. v. Hamilton Beach/Proctor-Silex, Inc., et al., 2007 WL 2609829, 2007, N.D. Ind.
• Putman v. Lima Auto Mall, Inc., 2008 WL 2444677, 2008, N.D. Ind.
• Wheeler v. Lawson, 539 F.3d 629, 2008, 7th Cir.
• Hunt v. State, 902 N.E.2d 911, 2009, Ind. Ct. App.
• Hartoin v. State, 908 N.E.2d 711, 2009, Ind. Ct. App.
• Robinson v. State, 910 N.E.2d 270, 2009, Ind. Ct. App.
• Miller v. State, 916 N.E.2d 193, 2009, Ind. Ct. App.
• Bell v. State, 915 N.E.2d 1048, 2009, Ind. Ct. App.
• Holmes v. State, 923 N.E.2d 479, 2010, Ind. Ct. App.
• Van Orden v. State, 924 N.E.2d 226, 2010, Ind. Ct. App.
• Miller v. State, 924 N.E.2d 680, 2010, Ind. Ct. App.
• Patterson v. State, 926 N.E.2d 90, 2010, Ind. Ct. App.
• Skinner v. Metropolitan Life Insurance Company d/b/a Metlife, 2010 WL 2175834, 2010, N.D. Ind.
• State ex rel. Berkshire v. City of Logansport, 928 N.E.2d 587, 2010, Ind. Ct. App.
• Snowberger v. State, 938 N.E.2d 294, 2010, Ind. Ct. App.
• Fording v. State, 941 N.E.2d 565, 2011, Ind. Ct. App.
• Rush v. State, 941 N.E.2d 569, 2011, Ind. Ct. App.
• Ogle v. State, 943 N.E.2d 445, 2011, Ind. Ct. App.
• Vazquez v. State, 944 N.E.2d 10, 2011, Ind. Ct. App.
• Miller v. State, 944 N.E.2d 578 , 2011, Ind. Ct. App.
• Crowder v. State, 945 N.E.2d 829, 2011, Ind. Ct. App.
• Justice v. State, 946 N.E.2d 93, 2011, Ind. Ct. App.
• Downs v. State, 950 N.E.2d 376 , 2011, Ind. Ct. App.
• Patton v. State, , 972 N.E.2d 418 , 2012, Ind. Ct. App.
• Barrett v. City of Logansport, et al., 961 N.E.2d 70 , 2012, Ind. Ct. App.
• Mateo v. State, 974 N.E.2d 602, 2012, Ind. Ct. App.
• State v. Gonzalez-Vazquez, 984 N.E.2d 704 , 2013, Ind. Ct. App
• Lewis v. New Prime Inc, No. 1:10-cv-1228-WSD , 2013, N.D. Ga. – Atlanta Div.
• Phillips v. Mills, 42 N.E.3d 174, 2015, Ind. Ct. App.
• Vance v. Phillips, 42 N.E.3d 174, 2015, Ind. Ct. App.
• Torres-Reynoso v. State, 42 N.E.3d 586, 2015, Ind. Ct. App.