Practice Group Attorneys
- Joseph Borchelt
- Melvin Davis
- Derek Durbin
- Katherine Haire
- Jackie Jewell
- B. Scott Jones
- Patrick Kasson
- Nathan Lennon
- Mark MacDonald
- Michael Mahon
- Clifford Masch
- Ian Mitchell
- James O'Connor
- Stephanie Ross
- Matthew Schrader
- Michelle Sheehan
- Timothy Spille
- Jade Stewart
- Brian Sullivan
- Trevor Wells
- Holly Marie Wilson
Reminger Co., L.P.A.'s Appellate Advocacy Practice Group utilizes the expertise and experience of a dedicated group of appellate attorneys to handle the myriad issues that our clients face on appeal to various appellate courts.
The Appellate Advocacy Group utilizes its collective skills and experience to assist clients with appeals, novel legal issues, and complex writing challenges.
Our attorneys are adept at handling appeals before all appellate courts throughout Ohio, Kentucky, and Indiana. Our team is composed of attorneys who possess keen knowledge of appellate procedures, as well as a talent for the art of persuasion. This expertise has been gained from the navigation of thousands of appeals through various court systems, as well as from experience gained by our members from judicial clerkships. We are proud to count two Ohio State Bar Association Certified Appellate Specialists as part of our team.
Our first priority is always to zealously represent our clients' interests. We provide our clients with concise, thoughtful, and objective evaluations of the risks and benefits of any appeal and then utilize our talents to present persuasive arguments supporting our clients' positions. We are also always available to consult with clients regarding issues that commonly arise before an appeal is filed, including:
• Complex Trial Issues
• Post Trial Motions
• Prejudgment Interest Proceedings
A Specialized Approach.
Clients often engage us after they receive an adverse verdict, when they used a different firm at trial. This presents a unique challenge, but one for which we are extremely well situated. In this scenario, we will obtain and scrupulously analyze the record of all proceedings, including trial transcripts. Our years of experience and our backgrounds working for appellate courts give us valuable insight into identifying and developing winning appellate arguments. After evaluating the strengths and weaknesses of our client’s position, we then provide a comprehensive analysis of the legal issues presented. Our attorneys then compose a persuasive brief for the court. After briefing, we use our experience to develop a winning oral argument strategy, maximizing the opportunity to discuss our client’s case directly with the tribunal that will decide the outcome.
Experience and Insight.
Our Appellate Advocacy Group represents clients in a wide variety of different types of cases, including medical malpractice, business litigation, insurance coverage, general liability, trucking and transportation, and probate litigation.
Interested third parties often retain our attorneys to advance their position in complex appellate matters in an amicus capacity. We are available for complimentary consultations regarding legal issues both at the trial court and appellate levels. Additionally, our attorneys often give presentations on topics such as the implications of tort reform legislation, medical malpractice reform, complex legal writing, and prejudgment interest proceedings. So whether your case requires a fresh perspective or whether you simply need insight on settlement alternatives, Reminger can provide informed direction.
Click here to download a copy of a map of the Ohio Appellate Districts.
We are proud to count among our clients insurance companies, Fortune 500 corporations, self insured entities, large healthcare systems, lawyers, accountants, and doctors to name a few. Some of the clients our Appellate Advocacy Group represents include: The Cleveland Clinic, the Diocese of Cleveland, Travelers Insurance Group, Zurich North American, Columbia Casualty Company, The Medical Protective Company, The Doctor’s Company, ProAssurance, Walmart, Marathon Oil Corporation, and Meridia Healthcare System.
Reminger is proud to announce that U.S. News & World Report and Best Lawyers® awarded the firm with a number of national and regional rankings. In addition, our Appellate Practice was ranked as Metropolitan Cleveland Tier 1 for 2018.
- May 21, 2018, Judgment AffirmedCourt of Appeals, Third Appellate District Union County
Defense of appeal against declaratory judgment and injunctive relief action decision from trial court.
- May 10, 2018, Summary Judgment GrantedOhio Supreme Court
Spoliation of Evidence Claim Must Require Physical Handling of the Evidence and Mere Delay in Producing the Evidence is not Actionable Under the Independent Tort of Intentional Spoliation of Evidence
- April 27, 2018, Judgment Affirmed6th Appellate District, Ottawa County
- March 5, 2018, Dismissal of Claim11th Appellate Dist
Dismissal of a negligence claim against a stable owner for injuries to two horses
- Hendry v. Lupica, IIIJanuary 25, 2018, Judgment Affirmed8th Appellate Dist
Appeal of summary judgment in wet basement case
- Kavanagh v. Caruthers, et al.,January 8, 2018, Judgment Affirmed7th Appellate Dist
Appeal of class action certification
- Wynveen v. Corsaro, et al.December 21, 2017, Judgment Affirmed8th Dist. Cuyahoga No. 105538
Appeal of probate court’s grant of motion to disqualify counsel
- October 26, 2017, Dismissal of Case Affirmed6th Cir. Court of Appeals
Defense of First Amendment Freedom of Speech Claims
- September 14, 2017, Judgment Affirmed8th Appellate Dist
Plaintiff appealed defense verdict in medical negligence claim
- September 14, 2017, Summary Judgment AffirmedIndiana Court of Appeals
Plaintiff appealed adverse trial court judgment in financial services liability claim
- Trevor Sheehan v. ProMedica Health System, et al.September 11, 2017, Judgment Affirmed3rd Appellate Dist.
Plaintiff appealed adverse trial court in medical malpractice claim
- August 25, 2017, Defense verdict upheld8th Appellate Dist
Defense verdict to emergency physician involving allegations of failure to diagnose and treat diverticulitis. The court of appeals upheld the jury verdict and trial court's refusal to excuse a physician for cause as a prospective juror, and indicated that that decision as it relates to excusing jurors for cause due to impartiality is reviewed under an abuse of discretion standard.
- Dueck v. Clifton Club Co.August 10, 2017, Judgment Affirmed8th Dist. Cuyahoga Nos. 103868 and 103888
Appeal of probate court’s grant of summary judgment
- July 3, 2017, Reversed6th Appellate Dist
Defendant appealed adverse trial court judgment in wrongful death medical malpractice case
- June 30, 2017, Summary Judgment Affirmed
Defense of wrongful death dram shop liability claim against bar/restaurant arising from fatal head-on automobile accident
- Alkire v. AlsfelderApril 27, 2017, Motion For Summary Judgment Granted8th Dist. Ct. of Appeals
Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability case.
- April 26, 2017, Affirmance of trial court’s order disqualifying Plaintiff’s counsel8th Dist. Ct. of Appeals
Disqualification of Plaintiffs’ counsel in a medical malpractice action
- Portee, et al. v. Cleveland Clinic Foundation, et al.March 20, 2017, Reversed and Remanded8th Appellate Dist
Plaintiff appealed adverse trial court judgment in medical malpractice claim
- Berdysz v. Boyas Excavating, Inc.February 16, 2017, Judgment Affirmed8th Dist. Cuyahoga No. 104001
Appeal of trial court’s certification of a class action
- Amy Greenberg et al. v. Sherri Heyman-Silbiger, exec., et al.February 14, 2017, Summary Judgment Affirmed10th Appellate Dist
Defense of $1M breach of contract claim levied against estate and trust by former business associate.
- Estate of James Barton vs. Hamilton County, NaphCare, et al.January 4, 2017, Affirmance of District Court’s DismissalU.S. Sixth Circuit Court of Appeals
Federal civil rights, medical malpractice and wrongful death action brought against Hamilton County jail, corrections officers and medical staff related to death of an inmate while in custody
- Toledo Bar Assn. v. CrosserDecember 21, 2016, Judgment AffirmedBoard of Professional Conduct of the Supreme Court, No. 2015-029
Attorney appealed disciplinary Board of Professional Conduct suspension order for violation of Rules of Professional Conduct
- September 29, 2016, Judgment Affirmed7th Appellate Dist
Defendant appeals adverse trial court judgment on issue of eminent domain for “liquid energy pipe lock.”
- Ruiz-Bueno (Est. of Edward Peterson) v. Dr. John TilleyAugust 25, 2016, Affirmed motion to dismiss on statute of limitations groundsUnited States Court of Appeals for the Sixth Circuit
Allegations of deliberate indifference to medical needs against psychologist
- Walling v. WagnerAugust 23, 2016, Judgment Affirmed2nd Appellate Dist
Defense of legal malpractice claim
- Bender v. LoganAugust 1, 2016, Judgment Affirmed4th Appellate Dist
Appeal of trial court grant of motion for summary judgment in business dispute action
- Smith v. HelsopAugust 26, 2015, Summary Judgment Affirmed9th Appellate Dist.
Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter
- September 19, 2014, Reversed6th Appellate Dist
Plaintiff appealed adverse trial court judgment in wrongful death long term care claim
- DiPaolo v. Blair & LatellSeptember 14, 2014, Motion For Summary Judgment Granted11th Dist. Ct. of Appeals
Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability claim.
- Fry v. HanniMay 29, 2014, Judgment Affirmed7th Appellate Dist
Plaintiff appealed adverse trial court judgment in legal malpractice claim
- April 14, 2014, Judgment reversed in part9th Appellate Dist.
Plaintiff appealed order denying motion to quash subpoena and motion for protective order
- Bayus v. ChaneyDecember 4, 2013, Judgment AffirmedTrumbull
Plaintiff appealed adverse trial court judgment in legal professional liability claim
- Granger v. Auto Owners, Inc.June 28, 2013, Reversed9th Appellate Dist.
Plaintiff appealed adverse trial court judgment in professional liability claim
- Jason Milner, et al. v. Robin Biggs, et al.April 1, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
Plaintiff appealed adverse trial court judgment in legal malpractice case
- Jason Milner, et al. v. Robin Biggs, et al.April 1, 2013, AffirmedUSDC 6th Cir. Appeals No.
Plaintiff appealed adverse trial court judgment in legal malpractice case.
- E/O S. Galloway v. Marion Psychological Inc., et al.March 21, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
Plaintiff appealed adverse trial court judgment in wrongful death suicide claim
- Choices in Community Living, et al. v. Michael Petkus, Jr., et al.March 21, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
Plaintiff appealed adverse trial court judgment in favor of real estate agent in claim of fair housing act disability discrimination case
- Houdek v. ThyssenKruppDecember 6, 2012, Re-instatement of favorable trial court judgmentOhio Supreme Court
On behalf of employer, obtained Ohio Supreme Court reversal of Court of Appeal decision. Ohio Supreme Court reinstated favorable trial court summary judgment ruling on test of deliberate intent relative to employer intentional tort.
- David M. Schneider v. Michael Hardesty, et. al.February 23, 2012, Judgment Affirmed6th Circuit Court of Appeals
Plaintiff appealed adverse trial court judgment in legal malpractice claim over Utah attorney
- Fisk v. Rauser & Associates, LPAOctober 25, 2011, Judgment Affirmed8th Appellate Dist
Plaintiff appealed trial court judgment in legal malpractice claim
- Simmons v. Rauser & Associates, LPASeptember 8, 2011, Judgment Affirmed8th Appellate Dist
Plaintiff appealed adverse trial court judgment in legal malpractice claim
- Cincinnati Insurance Co. v. City of ClevelandMarch 24, 2011, Judgment Reversed8th Appellate Dist
Motion for summary judgment granted in favor of opposing party was reversed and remanded on appeal in construction case.
- Panzica Construction Co. v. Zaremba, Inc.February 10, 2011, Judgment Affirmed8th Appellate Dist
Motion to dismiss and compel arbitration was granted in favor of client affirmed on appeal in construction case.
- Bohrer v. Bakers SquareMay 10, 2007, Judgment Affirmed8th Dist. Ct. of Appeals
Plaintiff appeals adverse trial court judgment in commercial premises liability claim
- Glidden Co. v. Lumbermen’s Mutual Casualty Co.December 20, 2006, Judgment ReversedOhio Supreme Court
Lumbermen’s Mutual appeals lower court’s finding of coverage for lead paint manufacturer based on doctrine of collateral estoppel
- City of Sharonville v. American Employers Ins. (United National)May 19, 2006, Decision AffirmedSupreme Court of Ohio
Insurance carrier client appeals from an adverse ruling at the trial court finding coverage in a governmental liability complaint alleging ostensible intentional conduct by insured’s agents
- Smith v. ConleyMay 10, 2006, Judgment ReversedOhio Supreme Court
Attorney appeals adverse Court of Appeals decision ruling on motion to withdrawal to effectuate termination of attorney client relationship
- L. Yessenow v. Aue Design Studio, Inc. (L. Yessenow)March 16, 2006, Decision reversed8th Dist. Ct. of Appeals
Defendant appeals trial court decision on unconscienability of arbitration clause in contract for internet website
- Sharonville v. American Employers Ins. Co.June 17, 2005, Judgment ReversedSharonville v. American Employers Ins. Co.
Plaintiff appeals adverse trial court ruling on declaratory judgment seeking coverage under governmental liability insurance policy.
- Byer v. WrightApril 15, 2005, Affirmed11th Dist. Ct. of Appeals
Plaintiff appeals adverse trial court judgment in declaratory judgment that Plaintiff was not entitled to UIM benefits under his employer’s policy.
- Jackson v. Greger, Esq. et al.April 1, 2005, Reversed and Remanded2nd Dist. Ct. of Appeals
Plaintiff appeals trial court order to compel discovery of material regarding subsequent representation in legal malpractice action.
- City of Sharonville v. United National Ins. Co.September 3, 2004, Affirmed1st Dist. Ct. of App.
Plaintiff City appeals adverse trial court judgment denying coverage for murder “cover up” conspiracy claim.
- Smith v. Liberty Mutual Ins. Co.June 18, 2003, Decision Affirmed9th Dist. Ct. of Appeals
Plaintiffs appeal trial court judgment finding Liberty Mutual UM/UIM insurance coverage negated by the insured’s 8 year delay in giving notice of accident and settlement with tortfeasor.
- Henderson v. LuhriAugust 5, 2002, Decision Affirmed5th Dist. Ct. Appeals
Appeal of trial court’s judgment entry denying Defendant/Appellant’s Motion to Intervene.
- Brian C. Lee, Allison M. McMeechan, Clifford C. Masch, and Julian T. Emerson Assume Management Roles for Select Practice AreasPress Release, May 25, 2018
- Press Release, December 6, 2017
- Press Release, November 1, 2017
- Press Release, November 1, 2016
- Press Release, April 18, 2016
- Press Release, December 2, 2015
- Press Release, November 2, 2015
- Press Release, June 19, 2015
- Press Release, April 2, 2012
- Press Releae, January 20, 2012
- Ohio Supreme Court Rejects Attempt to Prosecute Medical Malpractice Lawsuit Without Expert TestimonyDecember 8, 2011
- Protocol of Appellant ArgumentCleveland, OH, September 27, 2017
- Free Webcast/CLE and Professional Networking EventCleveland, OH, March 9, 2017
- American Trial of Roger CasementDublin, Ireland, November 6, 2016
- Building Your Civil Litigation SkillsCleveland, OH, October 17, 2016
- Recent and Pending Supreme Court Decisions Affecting Medical MalpracticeColumbus, OH, August 16, 2016
- Ethics in Appellate PracticeOhio State Bar Assn. CLE, Columbus, OH, April 7, 2016
- Ethics and Appellate PracticeOhio State Bar Association CLE, Columbus, OH, April 16, 2015
- Appellate EthicsOhio State Bar Assn. Annual CLE, Cleveland, OH, April 9, 2015
- Ethical Issues in Brief Writing, Oral Presentation and Appellate PracticeOhio Association of Civil Trial Attorneys Annual Conference, Columbus, OH, November 14, 2014
- Cleveland, OH, April 23, 2014
- Appellate Ethics - Ohio State Bar Assn. Annual CLECleveland, OH, April 23, 2014
- Ethics of Appellate Practice - Ohio State Bar Assn. CLEColumbus, OH, April 16, 2014
- Ethical Responsibility in Appellate PracticesOhio State Bar Assn. CLE - Cleveland, OH, April 21, 2013
- Legal Writing in the Practice of LawCleveland-Marshall College of Law - Cleveland, OH, March 19, 2013
- Appellate EthicsNational Business Institute CLE - Cleveland, OH, December 21, 2012
- Appellate ProceduresNational Business Institute CLE - Cleveland, OH, December 21, 2012
- The Use of Depositions for Reporting, Motions and TrialColumbus Bar Association CLE - Columbus, OH, November 7, 2012
- Faces and Places 2012 Co-Chair for the Cleveland Metropolitan Bar AssociationCleveland Metropolitan Bar Association-Women in the Law Section - Cleveland, OH, September 20, 2012
- Hot Topics Concerning In-House Management of AppealsDRI Appellate Advocacy Seminar - Boston, MA, June 21, 2012
- Hot Topics Concerning In-House Management of AppealsDRI Appellate Advocacy Seminar - Boston, MA, June 21, 2012
- Practical Discovery from A to ZNational Business Institute CLE Seminar - Cleveland, OH, September 23, 2011
- Dispositive Motion Practice and Handling of an AppealNational Business Institute CLE Seminar - Cleveland, OH, August 25, 2011
- Ohio State Bar Association CLE - Cleveland, OH, April 14, 2011
- Ohio State Bar Association CLE - Columbus, OH, April 6, 2011
- "Effective Time Management Billing and Legal Research in the Legal Profession"Cleveland Marshall School of Law. Cleveland,OH, March 25, 2010
- Appellate Certification and En Banc ProceduresJune 12, 2009
- Pre-Appeal ConsiderationsApril 28, 2009
- Published Case: Burnham v. Cleveland Clinic, et al. 151 Ohio St.3d 356, 2016-Ohio-8000Whether a document is privileged or “attorney work product” requires evidentiary considerations and under appropriate circumstances the Court’s finding can constitute a final appealable order, February 12, 2018
- Published Case: Gallagher, Extr. v. Firelands Regional Medical Center 2017-Ohio-483Patient’s medical records including doctor’s hearsay statements were admissible under the business records exception of the hearsay rule, July 3, 2017
- Ohio State Bar Association Ohio Lawyer - March-April 2013 Edition, March 15, 2013
- Cleveland Marshall Law Alumni Association Law Notes, March 8, 2013
- Employees attorney was not authorized to complete, sign and submit application on employees behalf to change beneficiaries to retirement accountPublished-Farmer, et al v. Berry, et al., 2012-Ohio-4940, February 18, 2013
- 'Equipment safety guard' statute requires employers deliberate removal or otherwise eliminate the guardPublished-Hewitt v. L.E. Meyers Co.,134 Ohio St. 3d 199, 2012-Ohio-5317, February 18, 2013
- Hamilton County Law Library Newsletter, July 2012, July 1, 2012
- Estimate of cost of repair is property admitted as evidence under business records exception to hearsay ruleState Farm Mut. Auto Ins. Co. v. Anders and Celadon Trucking 197 Ohio App.3d 22, 2012-Ohio-824, May 14, 2012
- Ozvath v. Buckeye Union Insurance Co. 196 Ohio App.3d 658, 2011-Ohio-5414, April 30, 2012
- Appellate Advocacy Practice Group Spring 2012 NewsletterMarch 29, 2012
- Appellate Advocacy Practice Group E-News Brief, March 8, 2012
- In a Lack of Informed Consent Case, Expert Medical Testimony is Required to Establish Both the Risks and DangersDecember 8, 2011
- Appellate Practice Group E-News, November 2011, November 28, 2011
- DRI - The Voice, Volume 10 Issue 42, October 19, 2011
- August 19, 2011
- Party Hiring Counsel on Behalf of Corporation Must Have Authority To Do So and Not a “Dissident” Board MemberAugust 1, 2011
- July 2011 Appellate Newsletter, July 29, 2011
- Business Lexington, May 11, 2011
- Reminger E-News Brief, March 21, 2011
- Back to the Basics: Navigating the Complex Appellate ProcessReminger E-Bulletin, December 1, 2010
- December 2010 E-News, December 1, 2010
- October 2010 E-News, October 12, 2010
- Mortgagor who was not in privity with appraisal nor relied upon appraisal pursuant to bank’s financing of purchase money mortgage cannot maintain action against appraiserCaruso v. National Clty Mortgage Co., et al. 187 Ohio App.3d, September 6, 2010
- Ohio Supreme Court Rules Medical Malpractice Lawsuits Must Be Filed Within Four Years of Claimed InjuryBy Martin T. Galvin, Esq.October 25, 2016
- By Holly Marie WilsonFebruary 10, 2015
- OHIO SUPREME COURT DECLARED THAT FAILURE TO ISSUE PERSONAL PROTECTIVE EQUIPMENT DOES NOT CONSTITUTE REMOVAL OF EQUIPMENT SAFETY GUARD FOR AN INTENTIONAL TORTNovember 21, 2012
- January 12, 2009