Overview
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
- Retaliation
- 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 15 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.
Representative Experience
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
Recognized as a Rising Star by Ohio Super Lawyers Magazine
OACTA Distinguished Service Award, 2007 and 2015
Community & Professional
OACTA (Editor of Update from 2009 to 2015) (Professional Liability Committee Chair from June 2015 to the present)
Cincinnati Bar Association – Ethics Committee member 2015 to present
Cincinnati Academy of Leadership for Lawyers (CALL) – Class 2012
Kenton County Court Appointed Special Advocate (CASA) – 2012 to present (have been CASA for 12 abused and neglected children in Kenton County)
Ohio Supreme Court Lawyer-To-Lawyer mentor program – 2013 to present
Hamilton County Special Olympics – Volunteer (bowling, basketball, softball, skiing and events)
American Cancer Society – Trustee Committee for Annual Cattle Baron’s Ball, 2009 – 2011
Ohio State Bar Association – Member
American Bar Association – Member
Kentucky Bar Association – Member
Northern Kentucky Bar Association - Member
Professional Liability Underwriters Society – Member
Results
- 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.
- 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, 2015, Defense VerdictWarren
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, 2008, Defense VerdictButler County
Defense of catastrophic employer intentional tort
- Jan 23, 2008, Defense VerdictMontgomery
Defense of commercial premises liability personal injury claim.
(Waussau Insurance)
- Jan 11, 2008, Defense VerdictMontgomery
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
News
News
Speaking Engagements
Insights
Publications
Reminger Reports
Practice Areas
- Appellate Advocacy
- General Liability/Surplus Risks
- Financial Services Professional Liability
- Intellectual Property/E-Commerce and Cyber Risk
- Directors and Officers (D&O) Liability Defense
- Employment Practices Defense
- Insurance Coverage/Bad Faith
- Legal Professional Liability
- Professional Liability
- Securities Litigation
- Sports and Entertainment
Education
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)
Admissions
- 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