Serving as the Managing Partner of Reminger's Cincinnati office, Joe’s practice at Reminger is focused in two primary areas: Employment Practices Liability defense and Professional Liability defense. On the Employment side, Joe is the Chair of Reminger’s Employment Practices Group. In addition to those responsibilities, Joe maintains an active docket representing clients in all manner of employment disputes such as claims and suits for:
- Employment discrimination
- Wrongful termination
- Title VII and R.C. 4112 claims
- Non-competition/non-solicitation agreements
- Other statutory claims under the FMLA, FLSA and NLRA
Since joining Reminger in 2002 and being named partner in 2007, Joe has litigated hundreds of employment claims in the State of Ohio Courts of Common Pleas, the United States District Courts (Northern and Southern Districts of Ohio, Eastern and Western Districts of Kentucky, and Southern District of Indiana), Equal Employment Opportunity Commission, Ohio Civil Rights Commission, National Labor Relations Board, and appellate matters in nearly all of the Ohio Appellate Courts (10 of 12 Ohio Appellate Districts), the Ohio Supreme Court, and the Sixth Circuit Court of Appeals.
Joe is a frequent presenter and trainer on a variety of employment related topics to various groups such as: human resources professionals, local businesses, bar associations, insurance claim representatives, and the Ohio Chamber of Commerce.
Joe is also a leader in the firm’s Professional Liability practice group. Although his focus is generally defense of lawyer malpractice claims, Joe has also represented accountants, financial advisors, real estate agents, board directors and officers, dentists, psychiatrists and psychologists, and other professionals throughout his 20 year career. Joe is the Chair of the Professional Liability Committee for the Ohio Association of Civil Trial Attorneys (OACTA), which is the state’s defense lawyer association. In addition to serving OACTA, he is a member of the Cincinnati Bar Association’s Ethics Committee and frequently presents on topics related to professional liability, risk management for lawyers and firms, and legal ethics. Joe also actively represents Ohio lawyers and judges in grievance and disciplinary proceedings throughout the state.
Joe has had multiple successful results on behalf of lawyers and other professionals throughout the State of Ohio and Commonwealth of Kentucky. While a more complete list of results can be found on the Results tab, below are few recent highlights of successful trial court and appellate results:
- December 2014, trial victory in Warren County, Ohio in legal malpractice case with jury verdict of $1,192, against pretrial demand of $150,000, and blackboard damages of $650,000
- May 2015, defense verdict in Warren County, Ohio in a legal malpractice case on behalf of law firm sued in underlying complex commercial transactions
- February 2016, summary judgment victory in Kenton County, Kentucky for law firm sued for malpractice for failure to timely file underlying tort action
- June 2016, appellate victory in the Second Appellate District in legal malpractice case for domestic relations firm sued for failure to protect life insurance assets
- April 2017, dismissal of judicial grievance/discipline matter
As a seasoned appellate practitioner, Joe has been counsel of record on 33 appellate cases, four of which were litigated in the Ohio Supreme Court. Joe was also a member of a team of lawyers on a case taken to the United States Supreme Court in the representation of a law firm sued under the Fair Debt Collection Practices Act.
Honors & Recognitions
Selected as Best Lawyers Lawyer of the Year 2021 – Employment Law - Management, Cincinnati
Recognized in The Best Lawyers in America® 2022 for Employment Law - Management
Recognized as a Rising Star by Ohio Super Lawyers Magazine
OACTA Distinguished Service Award, 2007 and 2015
Community & Professional
Ohio Association of Civil Trial Attorneys (OACTA)
Professional Liability Committee Chair
Previous Editor of OACTA Update
Cincinnati Bar Association
Ethics Committee Member
Cincinnati Academy of Leadership for Lawyers (CALL) – Class of 2012
Kenton County Court Appointed Special Advocate (CASA)
Served as CASA for 12 abused and neglected children in Kenton County
Ohio Supreme Court Lawyer-To-Lawyer Mentor Program
Hamilton County Special Olympics Volunteer
American Cancer Society
Trustee Committee for Annual Cattle Baron’s Ball, 2009 – 2011
Ohio State Bar Association
American Bar Association
Kentucky Bar Association
Northern Kentucky Bar Association
Professional Liability Underwriters Society
- Mar 1, 2023, Summary JudgmentWarren County Court of Common Pleas
Succesfully obtained summary judgment for our attorney-client in a claim for legal malpractice filed in the Warren County Court of Common Pleas. This case involved the attorney’s representation of a client in a business dispute that concluded approximately seven (7) years ago. The Court agreed with our argument that the malpractice claim was barred by the statute of limitations, and dismissed the case on summary judgment before the start of discovery.
- Nov 22, 2022, Dismissal Affirmed6th Appellate Dist
Dismissal affirmed in favor of our attorney client in regards to alleged civil conspiracy, malicious prosecution, and intentional infliction of emotional distress, fraud, abuse-of-process, false imprisonment, and other negligence-based claims, arising out of our clients’ representation of a spouse in a contested custody dispute with the Appellant-father.
- Jul 2022, Summary Judgment GrantedWarren County Court of Common Pleas
Succesfully represented a fire investigator accused of negligence, civil conspiracy and malicious prosecution. The investigator was alleged to have issued an erroneous investigation report which determined that the housefire was arson and resulted in the Plaintiff’s wrongful indictment for arson. The Warren County Court of Common Pleas granted our motion for summary judgment on the issue of a lack of duty to the carrier’s insured, as well as immunity for cooperation with law enforcement investigations.
- Feb 17, 2022, Motion to Dismiss GrantedUnited States District Court, Western District of Kentucky
Motion to Dismiss granted on claim for legal malpractice involving an underlying domestic relations case.
- Nov 1, 2021, Dismissal12th District Court of Appeals
Successfully obtained dismissal of Condominium Owners’ Association and property management company. The appellate court upheld the trial court’s decision granting our motion to dismiss filed on behalf of the condo owners’ association and property management company on a homeowner’s counterclaims for wrongful foreclosure, fraud and violations of the fair debt collection practices act.
- Jul 25, 2021, Reversed and Motion to Dismiss GrantedKentucky Court of Appeals
The Kentucky Court of Appeals reversed the trial court's deciosion and granted our motion to dismiss a claim for legal malpractice against a guardian ad litem in the Kenton County Circuit Court. On February 22, 2022, the Kentucky Supreme Court denied discretionary review of the case.
- Sep 2020, Motion to Dismiss GrantedHamilton County Court of Common Pleas
Motion to dismiss granted in Hamilton County Court of Common Pleas on claims for legal malpractice that were barred by the statute of limitations.
- Sep 2020, Summary Judgment Granted1st Appellate Dist
Summary Judgment victory for professional massage studio on claims of negligent hiring and training. Summary Judgment was upheld on appeal by the First Appellate District.
- Jun 2020Warren County Court of Common Pleas
Motion for Judgment on the Pleadings granted in Warren County Court of Common Pleas for property management company and employees on claims related to wrongful foreclosure on property.
- Aug 2019, Dismissal of ClaimHamilton County Court of Common Pleas
Obtained dismissal of a malpractice claim at the pleading stage that alleged a failure to properly represent a client in an underlying criminal matter, on the basis that the claim was barred by the one-year statute of limitations.
- May 2019, Summary Judgment GrantedBoone County, KY
Summary Judgment granted in Boone County Kentucky Circuit Court on claims of fraud and negligence asserted against real estate agent for failure to disclose mold contamination.
- Oct 23, 2018, Judgment GrantedU.S. District Court, Southern District of Ohio
Obtained a judgment in the amount of $3 million in an insurance coverage dispute.
- Aug 4, 2017, Motion to Dismiss GrantedU.S. District Court, Southern District of Ohio
Former employee’s claim of wrongful conduct associated with the reporting of motor carrier violations after the employee left employment with the company/client
- Jun 29, 2016, Denied JurisdictionOhio Supreme Court
Edward Formica, et al. v. Jeffrey A. Dehner, et al.
Plaintiff appealed adverse Court of Appeals decision in legal malpractice claim
- Mar 25, 2016, Summary Judgment Affirmed1st Dist. Ct. of App.
Steven Rusher, et al. v. SpringCastle America, LLC, et al
Plaintiffs appealed trial court’s dismissal of claims brought under the Fair Debt Collection Practices Act and Ohio’s Consumer Sales Practices Act against owners of debt.
- Jan 11, 2016, Judgment Affirmed12th Appellate Dist
Edward Formica, et al. v. Jeffrey A. Dehner, et al.
Plaintiff appealed adverse trial court judgment in legal malpractice claim.
- J. McComb, et al. v. Katz, Greenberger & Norton Co., L.P.A.May 12, 2015Warren
Defense of complex commercial representation legal malpractice claim
- Dec 5, 2014, Favorable OutcomeWarren
Defense of admitted liability legal malpractice claim
- Mar 28, 2012, Summary JudgmentMontgomery
Legal malpractice claim for alleged failure to properly advise criminal client of rights during plea stage
- Feb 25, 2011, Reversed1st Appellate Dist
McCarthy v. Sterling Chemicals Inc., et al.
Tank car manufacturer appeals trial court’s grant of new trial to personal injury plaintiff.
- Dec 8, 2009, Plaintiff VerdictHamilton
Prosecution of tenant/landlord dispute in commercial litigation claim
- Aug 17, 2009, AffirmedAdams
Poneris v. A & L Painting LLC
Affirming jury verdict in favor of employer regarding intentional tort action brought by employee injured when he fell off a bridge while on the job
- Jun 19, 2009, Affirmed2nd Appellate Dist
Tibbs v. Ernst Ents. Inc.
Affirming summary judgment in favor of employer where former employee brought action disability discrimination since the employee could not perform the essential function of his job as a commercial truck driver.
- Apr 17, 2009, Affirmed2nd Appellate Dist
Warman v. L. Patrick Mulligan & Assoc. Co.
Affirming summary judgment in favor of Defendants legal malpractice action where attorneys represented Plaintiff in a criminal matter since one-year statute of limitations for legal malpractice, rather than four-year statute for fraud.
- Feb 4, 2009, Directed VerdictHamilton
Defense of catastrophic injury claim in products liability case
- Nov 3, 2008, Reversed12th Appellate Dist
Boettcher v. Gradall Co.
Reversing summary judgment entered in favor of manufacturer under strict product liability theory since there remained an issue of fact as to whether failure to equip forklift with drivers side and overhead mirrors was the proximate cause.
- Oct 6, 2008, Affirmed12th Appellate Dist
Wilson v. AIG
Affirming summary judgment in favor of Defendant insurers sice employee killed in automobile accident while on the job was not covered under employer's policy.
- Mar 19, 2008Butler County
Defense of catastrophic employer intentional tort
- Jan 23, 2008Montgomery
Defense of commercial premises liability personal injury claim.
- Jan 11, 2008Montgomery
Defense of commercial premises liability claim.
- Nov 1, 2007, Affirmed8th Appellate Dist
Sanson Co. Inc. v. Granger Materials Inc.
Affirming order requiring Defendant, a rock-crushing operation, to refrain from activities resulting in dust because it caused a nuisance to Plaintiffs, nearby businesses engaged in food sales, storage, and distribution.
- Aug 3, 2007, Reversed and Remanded1st Appellate Dist
Grace v. Mastrserio, et al.
The Court of Appeals, Mark P. Painter, P.J., held that: i) privileged communications and acts statute did not limit client's waiver of common law attorney-client privilege to client's express consent or by his voluntary testimony on the same subject
- May 26, 2023
- Aug 19, 2021
- Reminger Co., LPA Announces Broker-Dealer and Investment Advisor Regulatory Compliance and Enforcement Practice GroupPress Release, Nov 3, 2020
- Press Release, Aug 20, 2020
- Apr 29, 2016
- Press Release, Dec 2, 2015
- Press Release, Dec 3, 2014
- Press Release, Dec 5, 2013
- Press Release, Dec 17, 2012
- Press Release, Dec 16, 2011
- Jul 8, 2022
- Feb 24, 2021
- Unclear About Paid Leave Obligations Under the New Families First Coronavirus Response Act?Webinar, May 4, 2020
- Putting Document Retention Programs in PlaceCincinnati, OH, Apr 11, 2019
- How to Avoid Being a Target in Legal MalpracticeColumbus, OH, Aug 23, 2018
- Career Development and Life BalanceCrestview Hills, KY, May 24, 2018
- Employment Practices Liability ClaimsCincinnati, OH, May 21, 2018
- West Chester, OH, May 14, 2018
- Ethics in the Context of All Civil LitigationHartford, CT, Feb 27, 2018
- Effective Time Management and Achieving Work Life BalanceCincinnati, OH, Oct 11, 2017
- Trumpdate: How the Change in Presidential Administration Might Impact EmployersCincinnati, OH, Jun 1, 2017
- Top Trends in Employment Law IssuesWebinar, May 31, 2017
- Career Development & BalanceCrestview Hills, KY, May 25, 2017
- Top Trends in Employment Law IssuesChillicothe, OH, Apr 28, 2017
- Top Liability Trends in Employment PracticesCincinnati, OH, Jan 25, 2017
- Age Discrimination & Employment: What Every Employer Needs to KnowCincinnati, OH, Jan 15, 2017
- The Fox News Sexual Harassment Claims and Other Current Employment Law IssuesCincinnati, OH, Oct 20, 2016
- Dealing with Your First Medical Malpractice ClaimOhio State Bar Assn. Legal Ethics and Professional Conduct Annual Convention, Cincinnati, OH, Apr 28, 2016
- Ethics in Appellate PracticeOhio State Bar Assn. CLE, Columbus, OH, Apr 7, 2016
- Top Ten Current Employment Law IssuesCNA Global Specialty Lines, Wyomissing, PA, Dec 3, 2015
- Lessons from Losses – A Study in Accounting Risk ManagementOhio Society of Certified Accounts, Cincinnati, OH, Nov 19, 2015
- Risk Management for AccountantsOhio Society of Certified Public Accountants Annual Convention, Dayton, OH, May 20, 2015
- Ethics and Appellate PracticeOhio State Bar Association CLE, Columbus, OH, Apr 16, 2015
- Ethical Issues in Brief Writing, Oral Presentation and Appellate PracticeOhio Association of Civil Trial Attorneys Annual Conference, Columbus, OH, Nov 14, 2014
- Ethics of Appellate Practice - Ohio State Bar Assn. CLEColumbus, OH, Apr 16, 2014
- Cincinnati, OH, Jan 20, 2014
- Lessons from Losses- A Study of Risk Management for AccountantsOhio Society of Certified Public Accountants - Dayton, OH, May 23, 2013
- Disqualification of Opposing Counsel in Professional Liability CasesOACTA Legal Malpractice Seminar - Columbus, OH, Jun 15, 2012
- Director and Officers Scope of RisksIntelligrated/CNA Underwriting Consultants - Mason, OH, Dec 19, 2011
- Ohio State Bar Association CLE - Columbus, OH, Apr 6, 2011
- General Principles of Professional Liability - Gilbride Insurance Consultants CLE SeminarColumbus, OH, Nov 9, 2010
- General Employment Discrimination Issues, YUSA Corporation Personnel Dept. & SupervisorsWashington Courthouse, Ohio, Oct 4, 2008
- 2007 Family Medical Leave Act Updated, Council on Education & ManagementCincinnati, Ohio, Nov 5, 2007
- Principles of Commercial Premises Liability Exposures, Dollar General National Risk Management TeamNashville, TN, Aug 10, 2007
- As Congress and the FTC Both Move Forward with Plans to End the Use of Noncompetes, What Can Employers Do Now to Prepare?OACTA Quarterly Review, May 2023
- Employment Law Newsletter, February 2022, Feb 4, 2022
- A Deep Dive Into OSHA’s New Vaccination and Testing Emergency Temporary Standard – What Your Business Needs to KnowEmployment Law Newsletter, November 2021, Nov 17, 2021
- Employment Newsletter, August 2019, Aug 2019
- Cincinnati Employment Newsletter, Jan 2019
- Legal Professional Liability Newsletter, 1st Quarter 2018, Feb 2018
- Introduction: Professional Liability CommitteeOACTA Newsletter, Volume 11, Issue No. 3, Aug 2017
- Managing Potential Claims and Risks through Early Detection and ReportingThe Better Lawyer: A Risk Management Publication for Attorneys, Jul 13, 2017
- EEOC’s Push to Expand Employees’ Rights Under Title VII to Include Protection from Workplace Discrimination on Basis of Sexual OrientationFall 2016 Employment Practices Liability Newsletter, Oct 26, 2016
- Mitigation of Damages Defense Against Title VII Wrongful Termination Claim and the Effect of Claimant’s Termination from Interim EmployerReminger Co., LPA Spring 2015 Employment Practices Newsletter, Jun 1, 2015
- Reminger Employment Practices Newsletter Fall 2014, Nov 6, 2014
- Travelers Bond Fall 2013 Risk Management Newsletter, Oct 23, 2013
- Ohio Association of Civil Trial Attorneys Spring Quarterly Review, Apr 20, 2013
- Appellate Practice Group E-News, November 2011, Nov 28, 2011
- Defense Lawyers Will “Like” this Article; Plaintiff Lawyers Will Not: The Use of Social Media as a Discovery Tool in Civil Defense LitigationOACTA Newsletter - Fall 2011, Oct 6, 2011
- How The Sixth Circuit Opened The Door For New 'Regarded As' Claims Under ADA for Pregnancy-Related ConditionsEmployment Practices Group E-Newsletter - Summer 2011, Jul 1, 2011
- The Pump Act Update: What Employers Need to Know To Ensure they are Complying With the New Protections for Lactating Mothers Effective April 28, 2023Jun 5, 2023
- Watershed Sixth Circuit Opinion Eliminates Certification Process from FLSA Actions in Favor of a Strong Likelihood StandardMay 30, 2023
- May 16, 2023
- Apr 25, 2023
- Apr 11, 2023
- Dec 20, 2022
- Ohio Supreme Court finds no coverage under CGL Policy for Pharmaceutical Distributer of Prescription Opioids Sued by Governmental EntitiesSep 19, 2022
- It’s About Time…Ohio Brings Overtime Rules and Collective Action Procedures in Line with Federal LawAug 2, 2022
- Apr 18, 2022
- Sep 13, 2021
- Apr 8, 2021
- Mar 8, 2021
- Feb 8, 2021
- Feb 8, 2021
- Jan 20, 2021
- Jul 10, 2020
- Jun 16, 2020
- Ohio Supreme Court Rules That Policyholder Cannot Seek Recovery for All Damages Occurring Over Multiple Policy Periods From a Single Policy of Insurance Providing Coverage for Only “Those Sums” That Happen During the PolicyApr 23, 2020
- While COVID-19 Forces Many to Work from Home, the Sixth Circuit Issues Ruling Requiring Disabled Employees to Present Documentation of Medical Necessity to Receive a Work from Home AccommodationApr 6, 2020
- Not All Public Policies Are Equal: The Supreme Court of Ohio Further Refines Wrongful Termination in Violation of Public PolicyMar 16, 2020
- United States Supreme Court to Decide Whether Title VII Protects Sexual Orientation and Gender IdentificationSep 24, 2019
- Sep 3, 2019
- Specific Laws with Express Provisions Prohibiting Retaliation are Required in Ohio Wrongful Discharge Claims in Violation of Public PolicyFeb 13, 2019
- Jan 22, 2019
- Dec 12, 2018
- The Ohio Supreme Court Confirms that the Ohio Saving Statute Does Not Apply to Actions Previously Commenced in Another State Court or in a Federal Court Located in Another StateSep 5, 2018
- Aug 6, 2018
- The Ohio Supreme Court Deals a Heavy Blow to the Use of the Delayed-Damage Rule Against Insurance Agents in Professional Liability ActionsJul 10, 2018
- Reminger Attorneys Win Supreme Court of Ohio Appeal to Prevent Imprudent Expansion of the Spoliation TortJun 6, 2018
- FLSA Tide Continues to Turn in Favor of Employers as SCOTUS Puts an End to the Narrow Construction of FLSA ExemptionsApr 30, 2018
- Court Finds That E&O Policy Dishonesty Exclusion Negates Coverage Where Underlying Tortious Claims Were Also Found to be the Subject of a Civil ConspiracyApr 23, 2018
- For Whom the Agreement Tolls: Tolling Agreements May Not Toll Claims Against Non-Signatory DefendantsMar 28, 2018
- Mar 26, 2018
- Feb 19, 2018
- Jan 29, 2018
- Jan 29, 2018
- Jan 16, 2018
- Mar 13, 2017
- Jan 25, 2017
- Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Claim Need Not Be IndependentJan 16, 2017
- Oct 31, 2016
- Oct 11, 2016
- Aug 22, 2016
- Jul 11, 2016
- Jul 5, 2016
- May 24, 2016
- Apr 20, 2016
- Apr 12, 2016
- Feb 15, 2016
- Jan 11, 2016
- Ohio Supreme Court Rules that a Plaintiff Cannot Maintain a Class Action under the OCSPA without Proof that all Proposed Class Members were InjuredDec 7, 2015
- Oct 26, 2015
- Sep 15, 2015
- Aug 3, 2015
- Jun 15, 2015
- May 26, 2015
- Apr 6, 2015
- Mar 18, 2015
- Mar 9, 2015
- Mar 4, 2015
- Feb 10, 2015
- Oct 28, 2014
- Sixth Circuit Reinforces the Significance of FMLA Notice Requirements and Employer Obligations with Medical Certification FormsSep 17, 2014
- Jul 28, 2014
- Jun 17, 2014
- May 20, 2014
- May 20, 2014
- Mar 27, 2014
- Court of Appeals Holds that Nonsignator to a Arbitration Agreement Can Be Forced to Arbitrate Claims Arising Out of a Mortgage Agreement and Subsequent ForeclosureApr 1, 2012
- Statute of Limitations to Run for Miscellaneous Real Estate Professionals on the Date of the Allegedly Negligent ActJul 20, 2011
- Jun 6, 2011
- Jan 20, 2011
- Ohio Courts Continue to Foster Concept of Strict “Privity” in Claims Founded Upon Professional NegligenceDec 8, 2010
- Mortgage Electronic Registration Systems (MERS) Faces Attack In Increasingly Hostile Mortgage Foreclosure EnvironmentDec 6, 2010
- Presentation of Damages Following Robinson v. Bates - Proposed Amendments to R.C. § 2317.421 to Prohibit Admissibility ofDec 2, 2009
- Jan 12, 2009
- Jan 7, 2008
- When Can Attorneys Be Sued by Third Party Non-ClientsNov 13, 2007
- Professional Liability
- Financial Services Professional Liability
- Intellectual Property/E-Commerce and Cyber Risk
- Broker-Dealer and Investment Advisor Regulatory Compliance and Enforcement
- Directors and Officers (D&O) Liability Defense
- Employment Practices Defense
- Insurance Coverage/Bad Faith
- Legal Professional Liability
- Securities Litigation
J.D., The University of Akron School of Law, magna cum laude, 2002
-CALI Top Grade Awards
-Jessup International Law Moot Court Competition, 2001-2002 (Best Brief Winner-2001)
The College of Wooster, 1999
-Varsity Lacrosse 4 years (team captain senior year)
-Senior Award-1999 (presented by the “W” Alumni Association)
- State of Ohio, 2002
- U.S. District Court, Northern District of Ohio, 2003
- U.S. District Court, Southern District of Ohio, 2005
- U.S. Court of Appeals, Sixth Circuit, 2005
- Commonwealth of Kentucky, 2005
- United States Supreme Court, 2010
- U.S. District Court, Eastern District of Kentucky, 2010