Ms. Alice McKenzie Morical, Attorney

Education and Clerkships

Alice received her B.A. degree, cum laude, in Political Science from Miami University in 1991 and her J.D., magna cum laude, from the Indiana University Maurer School of Law - Bloomington in 1994. Alice served on the Indiana Law Journal and is a member of the Order of the Coif. Alice clerked for the Honorable John D. Tinder, Judge, United States District Court of the Southern District of Indiana, 1994-1995.

Publications and Speaking Engagements

Alice has authored, co-authored and/or presented the following:

Professional Associations, Memberships and Community Service

Alice serves on the Board of the Indianapolis Private Industry Council, the executive committee of the Women in the Law subcommittee of the Indiana State Bar Association, the Policies and Procedures Committee of Impact 100 and is a former member of Vistage International. Alice is a member of the Indianapolis, Indiana State, Seventh Circuit and American Bar Associations.

Representative Cases

Overton v. Foutty & Foutty, LLP, - No. 1:07-CV-0274-DFH-TAB, 2007 WL 2413026 (S.D. Ind. August 21, 2007) (slip copy) (FDCPA/professional liability; granting defendant law firm's motion to dismiss plaintiffs' claim for compensation for emotional distress resulting from alleged negligence and FDCPA violations).

Henderson v. Biel, No. 1:05-CV-1485-JDT-TAB, 2007 WL 2286129 (S.D. Ind. August 07, 2007) (slip copy) (FDCPA/professional liability; granting summary judgment in favor of a debt collector who was entitled to the protection of the FDCPA's bona fide error defense.

Steury v. Unum Life Ins., Co. of America, No. 1:04-CV-125-TS, 2006 WL 542907 (N.D. Ind., March 02, 2006) (slip copy) (breach of fiduciary duty/ERISA; granting defendants' motion to dismiss plaintiff's complaint for lack of subject matter jurisdiction and directing entry of judgment in favor of defendants).

Beard v. Benicorp Ins., Co. of America, No. 04-2417 B/AN, 2005 WL 1923168 (W.D. Tenn., August 3, 2005) (slip copy) (ERISA; granting defendant's motion to strike plaintiff's demand for a jury trial).

Beard v. Benicorp Ins., Co. of America, No. 04-2417 B, 2005 WL 3576842 (W.D. Tenn., December 28, 2005) (slip copy) (ERISA; granting defendant's motion to dismiss for failure to state a claim upon which relief could be granted).

McIntire v. Fortis Ins., Co., No. 103-CV-0872-DFH-TAB, 2004 WL 2272166 (S.D. Ind., September 15, 2004) (slip copy) (ERISA; granting defendant employer's motion for judgment based on administrative record and treating the same as a motion for summary judgment in entering final judgment in favor of defendant employer).

PSI Energy, Inc., v. Home Ins., Co., 801 N.E.2d 705 (Ind. Ct. App. 2004) (coverage; holding that genuine issues of material fact precluded summary judgment in a declaratory judgment action brought by an insured against excess liability insurers seeking indemnification for groundwater contamination at manufactured gas plants).

Ameritech Pub., Inc., v. Strachan, No. 49A05-0204-CV-167, 2003 WL 352525 (Ind. App., February 18, 2003) (slip copy) (breach of contract, tortious interference with prospective business and contractual relations; reversing the trial court's decision and granting defendants' motion to dismiss based upon IURC approval of the telephone utility tariff).

State ex rel. Indiana State Bar Ass'n v. Miller, N.E.2d 328 (Ind. 2002) (Admission and Discipline Rule 24, permanent injunction; dismissing the State Bar's claim that appraiser engaged in the unauthorized practice of law).

Fairfield Development, Inc., v. Georgetown Woods Sr. Apartment Ltd. Partnership, 768 N.E.2d 463 (Ind. Ct. App. 2002) (breach of contract and piercing of corporate veil; affirming the trial court's finding that contractor was alter ego of family and that res judicata precluded offset to damages).

Trimble v. Ameritech Pub., Inc., 700 N.E.2d 1128 (Ind. 1998) (breach of contract; affirming trial court and holding that exculpatory clauses that limit liability to the lesser of contract price or actual out of pocket expense are enforceable).

KPMG Peat Marwick v. Asher, 689 N.E.2d 1283 (Ind. Ct. App. 1997) (professional negligence, fraud; affirming trial court's holding that Missouri law applied in interpreting a contract between a Delaware grain operating corporation and a Missouri accounting firm and reversing trial court's denial of accounting firm's motion for summary judgment).

The foregoing judicial opinions are provided only as exemplars of the legal experiences of Hoover Hull LLP and its attorneys, and do not represent the full range of experience of the firm. They should not be viewed or used as a substitute for specific legal advice. Each of these legal matters presented a unique set of facts, and none should be viewed as suggesting or predicting any outcome in any other legal matter, regardless of similarity.