Kent Hushion

Summary judgment affirmed on a legal malpractice case based upon the statute of repose.

Multiple claimants filed charges of unlawful employment discrimination against our client, triggering the EEOC opening an investigation into systemic discrimination. We successfully defended our client through dismissal of the investigation, which spanned over eighteen months.

Secured a dismissal in favor of a township in the Fifth District Court of Appeals. The Plaintiff was injured when they swerved off a county road, which was gravel, onto an embankment. They alleged our client was liable since an employee was operating a tractor that was in the process of grading the road. They claimed our client’s negligent positioning forced them off the road, causing injuries. Below, we secured dismissal in our client’s favor based on political subdivision immunity. The Fifth District affirmed that dismissal on two grounds. First, it held the township employee was engaged in the governmental function of grading the gravel road, which the township was statutorily duty-bound to perform. And second, the employee’s tractor was not an obstruction. As such, the township preserved its entitlement to immunity under R.C. 2744.03.

Claimants, a fair housing center and their representative-tenant, alleged our client, a residential landlord, violated fair housing laws by failing to provide a reasonable parking accommodation. We first defended the case through the initial investigation to secure a finding of no probable cause, based primarily on the defense that our client timely supplied the requested accommodation. Then, when claimants’ sought reconsideration of that initial finding, dismissal was upheld following a hearing before the full Commission.  

The CSWB opened a professional ethics complaint against our client. We secured dismissal of that investigation without any formal discipline being instituted against our client.

Claimant alleged our client, a non-profit that trained guide dogs for those in need, violated public accommodation laws. We secured dismissal of that claim based on a defense that the cited laws did not apply to since our client was not a place of public accommodation.

Affirming Motion for Judgment on the Pleadings on tortious interference with business relations and Valentine Act claims. Plaintiff alleged our private-entity client’s implementation of a DORA program interfered with their ability to profit from prospective client relations and ran afoul of antitrust laws. Below, we secured dismissal based on a Motion for Judgment on the Pleadings based, in part, on arguments that Plaintiff failed to adequately plead either claim and, otherwise, our client’s alleged actions were justified. On appeal, the Fourth District Court of Appeals upheld the dismissal.

Secured summary judgment in a Section 1983 claim based on free speech retaliation.

Affirming the Industrial Commission of Ohio's denial of a worker’s compensation claim. We filed a Motion to Dismiss arguing that the claim was not a “right to participate” issue, but rather an “extent of disability” issue such that it was not appealable to the Court of Common Pleas.  The trial court agreed and granted our Motion.  On appeal, the 2nd District Court of Appeals upheld the decision of the trial court.

Claimant alleged our client, a residential landlord, violated fair housing laws by disparately applying the terms and conditions of its lease agreements. We secured dismissal of the allegations with a finding of no probable cause of discrimination.

Dismissal affirmed in favor of political subdivision employee based on immunity.

Obtained a determination of no probable cause in client’s favor against allegations of race discrimination.

Obtained a determination of no probable cause in client’s favor against allegations of sex discrimination. Successfully represented client on reconsideration hearing.

Obtained a determination of no probable cause in client’s favor against allegation of disability discrimination based on administration of drug test policy.

Represented client during Ohio Attorney General’s Office investigation concerning charitable spending, obtaining a dismissal of the investigation with a finding of no wrongdoing.

Successfully defended client regarding anti-discrimination housing policy.

Obtained a determination of no probable cause in client’s favor against allegations of unlawful retaliation.

Obtained a determination of no probable cause in client’s favor in defense against allegations of disability discrimination based on reasonable accommodations concerning modifications to employment at the onset of COVID-19 pandemic.

Obtained a disallowance of unemployment compensation in client’s favor against former employee who was terminated with just cause.