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Monica Brownewell Smith
OVERVIEW

Monica R. Brownewell Smith

Partner

Indianapolis

11 S. Meridian Street
Indianapolis, IN 46204-3535

South Florida

4540 PGA Boulevard
Suite 208
Palm Beach Gardens, FL 33418

P 317-231-7205

F 317-231-7433

Monica Brownewell Smith, Co-Chair of Barnes & Thornburg’s Consumer and Industrial Products practice group, defends clients in product liability and complex commercial litigation claims. An experienced advocate at the local, regional and national levels, Monica remains dedicated to taking a practical approach to litigation by minimizing unnecessary filings, acrimony and wasted resources.

OVERVIEW

Monica Brownewell Smith, Co-Chair of Barnes & Thornburg’s Consumer and Industrial Products practice group, defends clients in product liability and complex commercial litigation claims. An experienced advocate at the local, regional and national levels, Monica remains dedicated to taking a practical approach to litigation by minimizing unnecessary filings, acrimony and wasted resources.

Monica is skilled in the effective resolution of product liability claims that arise out of the design, manufacture, packaging, labeling and use of myriad products. She understands the unique legal challenges companies face when defending against product defect claims in federal and state courts. Monica works closely with each client to develop and implement a defense strategy that is tailored to and appropriate for the specific case and client.

Notably, Monica has defended significant retailers throughout the country and, in particular, in Florida in litigation involving talcum powder-related claims. Moreover, she is also skilled in serving as national coordinating counsel in asbestos-related litigation.

Monica’s experience is broad and ranges from consumer goods, equipment and chemical substances to defective drugs, machinery, medical products and design. In the area of commercial litigation, she has handled many matters involving home builders with respect to construction defect claims, subcontractor disputes and class action defense. In addition, Monica has represented municipalities and national companies in complex multimillion dollar contract and supplier disputes.

Previously, Monica was a partner with Barnes & Thornburg until 2012. She rejoined the firm in 2018 after taking time to focus on family and serving as a law clerk for the Honorable Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana. In addition to supporting Judge Barker with her district court docket, Monica also assisted with criminal and civil appeals before the U.S. Court of Appeals for the Ninth Circuit involving a myriad of issues, including tax evasion, bankruptcy, ERISA, immigration, habeas proceedings, and Fourth, Sixth, Eighth and 14th Amendment challenges.

During law school, her note, “Rethinking the Restatement (Again!): Multiple Independent Holdings and the Doctrine of Issue Preclusion,” was published at 37 Val. U. L. Rev. 879 (2003). 

Honors

The Best Lawyers in America, 2025

Professional and Community Involvement

Board member, Girl Scouts of Central Indiana

Troop leader, Girl Scouts of Central Indiana

Graduate, Ardath Burkhart Governance and Management Series, United Way Leadership United 

EXPERIENCE
Experiences
  • Secured a significant victory following a three-day final hearing before the Indiana Office of Administrative Law Proceedings. Monica presented the opening statement and took the lead on cross-examination of petitioners’ witnesses. The final hearing was the culmination of an 18-month process in which the Barnes & Thornburg team executed its multi-phase strategy. At summary judgment, though the administrative law judge denied the petitioners’ cross-motions, they made preliminary legal conclusions favorable to our client. The Barnes & Thornburg team utilized these conclusions at the final hearing and in post-hearing proposed findings of fact and conclusions of law to demonstrate our client’s original determination was correct. The judge handed down their decision more than 60 days before the statutory deadline.
  • Defeated class certification on behalf of a firm represented automobile manufacturer. In the case, a significant number of plaintiffs from nearly 25 states across the country sought to certify a nationwide class action alleging that numerous vehicles had a defect. After years of discovery, plaintiffs’ depositions, and motion practice, the team was able to drastically reduce the number of plaintiffs, the number of states at issue, and the number of vehicles to just one model. The court excluded all the plaintiffs’ expert witnesses, based on unfavorable deposition testimony secured by Monica and another Barnes & Thornburg attorney, and ruled that the plaintiffs had not shown that any vehicle, much less all of the one remaining model, were defective. Accordingly, the court denied class certification.
  • Defended JET Credit Union against criminal conversion claim; court reversed lower court's summary judgment order for Loudermilk, holding that Loudermilk could not recover for criminal conversion and remanded the case for entry of summary judgment in favor of firm client, JET. JET Credit Union v. Loudermilk, No. 49A04-0608-CV-475 (Ind. Ct. App. 2008).
  • Represented several multi-unit residential home builders in connection with residential water intrusion claims, subcontractor disputes, warranty issues and construction defect claims.
  • Represented a homebuilding company in a multimillion-dollar class action settlement by asserting claims against subcontractors. Colon v. Trinity Homes, LLC, No 29D02-0404-PL-374 (Hamilton Superior Court No. 2).
INSIGHTS & EVENTS
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