Overview
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 one Ohio State Bar Association Certified Appellate Specialist 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.
Client Materials.
Click here to download a copy of a map of the Ohio Appellate Districts.
Honors & Recognitions
Reminger is proud to announce that U.S. News & World Report and Best Lawyers® awarded the firm with several national and regional rankings. Our Appellate Practice was ranked as Metropolitan Cleveland Tier 1 for 2021.
Representative Clients
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.
Results
- Feb 25, 2021, Partial Summary Judgment GrantedIndiana Supreme Court
Reversal of Denial of Partial Summary Judgment on Interlocutory Appeal in negligence and wrongful death claim against an adult day program.
- Feb 22, 2021, Summary Judgment AffirmedLake County Court of Common Pleas
Appellate court affirmed summary judgment in favor of our client on a claim for wrongful discharge in violation of public policy.
- Jan 28, 2021, Defense Verdict Affirmed10th Appellate Dist
Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim.
- Dec 3, 2020, Judgment Affirmed7th Appellate Dist
Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim.
- Nov 23, 2020, Judgment Affirmed11th Appellate Dist
Plaintiff appealed trial court’s dismissal of plaintiff’s negligence claim against client, determining that plaintiff could not bring a stand alone negligence claim against a liquor-permit holder.
- Oct 22, 2020, Dismissal affirmed by Eighth District Court of AppealsEighth Appellate District, Cuyahoga County, Ohio; Cuyahoga County Court of Common Pleas
Defense of pain management physician in a medical negligence claim, allegedly leading to a spinal cord injury.
- Sep 30, 2020, Judgment Affirmed11th Appellate Dist
Plaintiff appealed granting of dismissal based on statute of limitations.
- Lubrizol Advanced Materials, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA., 2020-Ohio-1579 (April 23, 2020)Apr 23, 2020, Certified Question AnsweredOhio Supreme Court
Ohio Supreme Court answered certified question regarding allocation of insurance proceeds for long-term injuries amongst multiple policy years.
- Scharf v. Manor Care of Willoughby, OH, LLCApr 6, 2020, Judgment Affirmed11th Appellate Dist
Long term care litigation addressing applicability of voluntary arbitration agreement.
- Peters v. Akron Gen. Med. Ctr., 9th Dist. Summit No. 29479, 2020-Ohio-369Feb 5, 2020, Judgment Affirmed9th Appellate Dist.
Medical malpractice litigation addressing application of statute of limitations in foreign body claim.
- Jan 2, 2020, Judgment Affirmed8th Appellate Dist
Appellate court affirms trial court’s dismissal of plaintiff’s legal malpractice claim, finding that defendant-attorney exercised sound professional judgment.
- Lloyd v. Burlington Coat Factory Warehouse Corp, 9th Dist. Summit No. 28909, 2019-Ohio-4883Nov 27, 2019, Judgment Affirmed9th Appellate Dist.
Appeal of trial court’s grant of directed verdict in favor of retailer at trial.
- Bagi v. City of Parma, 795 Fed.Appx 338 (6th Cir.)Nov 7, 2019, Judgment Affirmed6th Cir. Court of Appeals
Appellate court upheld six-figure award of attorney fees and expenses in favor of Defendant in civil rights litigation.
- Oct 30, 2019, Judgment Affirmed5th Dist. Ct. Appeals
Autumn Health Care, et al v. Peoples Bank
Affirmation of trial court's granting of motion for judgment on pleadings and dismissal of all claims against bank-client. Also, reversal of trial court's dismissal of indemnification claim with instructions to the trial court allowing for seeking of judgment in favor for all attorney fees for defense of suit.
- Sep 19, 2019, Judgment Affirmed8th Dist. Cuyahoga No. 108077, 2019-Ohio-3774
Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.
- Sep 18, 2019, Motion For Summary Judgment10th District Court of Appeals/Franklin Co
Williams, et al. vs. American Homes 4 Rent, et al.
Motion for Summary Judgment on mold exposure lawsuit upheld.
- Aug 22, 2019, Judgment Affirmed8th Dist. Cuyahoga No. 107946, 2019-Ohio-3371
Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.
- Aug 2, 2019, Directed verdict affirmed on appealLucas
Plaintiff/Appellant appealed a directed verdict dismissing all Defendants as Plaintiff failed to prove both defendants were liable of tortious conduct as required to apply the doctrine of alternative liability.
- Apr 8, 2019, Affirmation of trial court decision6th Cir. Court of Appeals
Powell v. Medical Department Cuyahoga County Correctional Center
Appeal of a civil rights lawsuit against prison healthcare providers.
- Feb 27, 2019, Judgment AffirmedUnited States Court of Appeals for the Sixth Circuit
Portia A. Boulger v. James H. Woods
Reminger Obtains Dismissal of Defamation Lawsuit Filed Against Actor James Woods
- Feb 14, 2019, Judgment reversed in part and remanded for trial6th Circuit Court of Appeals
Joel D. Naselroad v. Dennis Mabry, Mark Craycraft
Appeal of summary judgment in § 1983/personal injury case
- Dec 27, 2018, Judgment Affirmed7th Dist. Case No. 18 MA 0053
A. Hopson v. J. Delatore, M.D.
Plaintiff appealed adverse trial court judgment on medical malpractice claim based on failure to produce Affidavit of Merit.
- Nov 15, 2018, Judgment Reversed and Remanded8th District Court of Appeals
Elizabeth Tomcho, et al. v. ALTL Inc., et al.
Filing of a Motion to Vacate Judgment resulting in a reversal of a $6 million default judgment against a truck driver in a multi-vehicle accident
Result: Judgment Reversed and Remanded
- Sep 26, 2018, Summary Judgment Affirmed1st Appellate District (Hamilton County)
Charles Patterson, et al. v. Adelta, Inc.
Appeal of summary judgment in premises liability case involving inherently dangerous work.
- Aug 14, 2018, Judgment ReversedOhio Supreme Court
P. Portee v. Cleveland Clinic Foundation
Defendants appealed adverse Court of Appeal decision reversing summary judgment based on statute of limitations.
- Jun 28, 2018, Judgment Affirmed8th Appellate Dist
Elsner v. Birchall, M.D.
Appeal of Medical Malpractice Defense Verdict
- May 21, 2018, Judgment AffirmedCourt of Appeals, Third Appellate District Union County
Betty Oliver v. City of Marysville
Defense of appeal against declaratory judgment and injunctive relief action decision from trial court.
- May 8, 2018, Affirming Summary Judgment in Favor of DefendantsOhio Supreme Court
Elliott Thomas v. Smith, et al., 154 Ohio St.3d 11, 2018-Ohio-1783
Spoliation of evidence claim requires physical interference with or destruction of evidence, and mere delay in producing evidence is not actionable under the independent tort of intentional spoliation of evidence.
- Apr 27, 2018, Judgment Affirmed6th Appellate District, Ottawa County
Cindy A. Caruso, et al. v. Erie Shoreline Properties LLC et al.
- Mar 5, 2018, Dismissal of Claim11th Appellate Dist
Paolucci v. Morgan
Dismissal of a negligence claim against a stable owner for injuries to two horses
- Jan 25, 2018, Judgment Affirmed8th Appellate Dist
Hendry v. Lupica, III
Appeal of summary judgment in wet basement case.
- Jan 8, 2018, Judgment Affirmed7th Appellate Dist
Kavanagh v. Caruthers, et al.,
Appeal of class action certification.
- Dec 21, 2017, Judgment Affirmed8th Dist. Cuyahoga No. 105538
Wynveen v. Corsaro, et al.
Appeal of probate court’s grant of motion to disqualify counsel
- Oct 26, 2017, Dismissal of Case Affirmed6th Cir. Court of Appeals
Bagi, et. al. v. City of Parma
Defense of First Amendment Freedom of Speech Claims
- Sep 14, 2017, Summary Judgment AffirmedIndiana Court of Appeals
Messmer v. KDK Financial Services, Inc
Plaintiff appealed adverse trial court judgment in financial services liability claim
- Sep 14, 2017, Judgment Affirmed8th Appellate Dist
Beard v. St. Vincent Charity Hospital
Plaintiff appealed defense verdict in medical negligence claim
- Sep 11, 2017, Judgment Affirmed3rd Appellate Dist.
Trevor Sheehan v. ProMedica Health System, et al.
Plaintiff appealed adverse trial court in medical malpractice claim
- Aug 25, 2017, Defense verdict upheld8th Appellate Dist
Lynn Cordova, et al. v. Emergency Professional Services Inc., et al.
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.
- Aug 10, 2017, Judgment Affirmed8th Dist. Cuyahoga Nos. 103868 and 103888
Dueck v. Clifton Club Co.
Appeal of probate court’s grant of summary judgment
- Jul 3, 2017, Reversed6th Appellate Dist
Gallagher, Extr. v. Firelands Regional Medical Center
Defendant appealed adverse trial court judgment in wrongful death medical malpractice case
- Jun 30, 2017, Summary Judgment Affirmed
Defense of wrongful death dram shop liability claim against bar/restaurant arising from fatal head-on automobile accident
- Apr 27, 2017, Motion For Summary Judgment Granted8th Dist. Ct. of Appeals
Alkire v. Alsfelder
Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability case.
- Apr 26, 2017, Affirmance of trial court’s order disqualifying Plaintiff’s counsel8th Dist. Ct. of Appeals
Carol Lytle v. Mathew et. al.
Disqualification of Plaintiffs’ counsel in a medical malpractice action
- Mar 20, 2017, Reversed and Remanded8th Appellate Dist
Portee, et al. v. Cleveland Clinic Foundation, et al.
Plaintiff appealed adverse trial court judgment in medical malpractice claim
- Feb 16, 2017, Judgment Affirmed8th Dist. Cuyahoga No. 104001
Berdysz v. Boyas Excavating, Inc.
Appeal of trial court’s certification of a class action
- Feb 14, 2017, Summary Judgment Affirmed10th Appellate Dist
Amy Greenberg et al. v. Sherri Heyman-Silbiger, exec., et al.
Defense of $1M breach of contract claim levied against estate and trust by former business associate.
- Jan 4, 2017, Affirmance of District Court’s DismissalU.S. Sixth Circuit Court of Appeals
Estate of James Barton vs. Hamilton County, NaphCare, et al.
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
- Dec 21, 2016, Judgment AffirmedBoard of Professional Conduct of the Supreme Court, No. 2015-029
Toledo Bar Assn. v. Crosser
Attorney appealed disciplinary Board of Professional Conduct suspension order for violation of Rules of Professional Conduct
- Sep 29, 2016, Judgment Affirmed7th Appellate Dist
Sunoco Pipeline L.P. v. Teter
Defendant appeals adverse trial court judgment on issue of eminent domain for “liquid energy pipe lock.”
- Aug 25, 2016, Affirmed motion to dismiss on statute of limitations groundsUnited States Court of Appeals for the Sixth Circuit
Ruiz-Bueno (Est. of Edward Peterson) v. Dr. John Tilley
Allegations of deliberate indifference to medical needs against psychologist
- Aug 23, 2016, Judgment Affirmed2nd Appellate Dist
Walling v. Wagner
Defense of legal malpractice claim
- Aug 1, 2016, Judgment Affirmed4th Appellate Dist
Bender v. Logan
Appeal of trial court grant of motion for summary judgment in business dispute action
- Aug 26, 2015, Summary Judgment Affirmed9th Appellate Dist.
Smith v. Helsop
Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter.
- Dec 18, 2014, ReversedKentucky Supreme Court
US Bank Home Mortg. v. Schrecker
Following oral argument by counsel, Kentucky Supreme Court reversed judge’s opinion awarding workers’ compensation benefits to claimant who was injured when a vehicle struck her while crossing a roadway during a work break. Defense successfully argued that even if the personal comfort doctrine would otherwise apply, the claimant’s impliedly prohibited route of travel took her outside normal coming and going activity.
- Sep 19, 2014, Reversed6th Appellate Dist
Moore v. Covenant Care Ohio Inc.
Plaintiff appealed adverse trial court judgment in wrongful death long term care claim
- Sep 14, 2014, Motion For Summary Judgment Granted11th Dist. Ct. of Appeals
DiPaolo v. Blair & Latell
Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability claim.
- May 29, 2014, Judgment Affirmed7th Appellate Dist
Fry v. Hanni
Plaintiff appealed adverse trial court judgment in legal malpractice claim
- Apr 14, 2014, Judgment reversed in part9th Appellate Dist.
Lytle v. Mathew et. al.
Plaintiff appealed order denying motion to quash subpoena and motion for protective order
- Dec 4, 2013, Judgment AffirmedTrumbull
Plaintiff appealed adverse trial court judgment in legal professional liability claim
- Jun 28, 2013, Reversed9th Appellate Dist.
Granger v. Auto Owners, Inc.
Plaintiff appealed adverse trial court judgment in professional liability claim
- Apr 1, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
Jason Milner, et al. v. Robin Biggs, et al.
Plaintiff appealed adverse trial court judgment in legal malpractice case
- Mar 21, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
E/O S. Galloway v. Marion Psychological Inc., et al.
Plaintiff appealed adverse trial court judgment in wrongful death suicide claim
- Mar 21, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
Choices in Community Living, et al. v. Michael Petkus, Jr., et al.
Plaintiff appealed adverse trial court judgment in favor of real estate agent in claim of fair housing act disability discrimination case
- Dec 6, 2012, Re-instatement of favorable trial court judgmentOhio Supreme Court
Houdek v. ThyssenKrupp
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.
- Aug 17, 2012, Claim DismissedKentucky Appellate Court
Hunt v. Mubea, Inc., 2012
Claim for occupational hearing loss dismissed after defense successfully challenged opinion of university evaluator that claimant had 17% permanent impairment due to occupational hearing loss.
- Feb 23, 2012, Judgment Affirmed6th Circuit Court of Appeals
David M. Schneider v. Michael Hardesty, et. al.
Plaintiff appealed adverse trial court judgment in legal malpractice claim over Utah attorney
- Oct 25, 2011, Judgment Affirmed8th Appellate Dist
Fisk v. Rauser & Associates, LPA
Plaintiff appealed trial court judgment in legal malpractice claim
- Sep 8, 2011, Judgment Affirmed8th Appellate Dist
Simmons v. Rauser & Associates, LPA
Plaintiff appealed adverse trial court judgment in legal malpractice claim.
- Jun 16, 2011, Dismissal of Claim AffirmedKentucky Supreme Court
Bailey v. Northpoint Senior Services, 2011 Ky.Unpub. LEXIS 55
Supreme Court affirmed dismissal of workers’ compensation claim based on substantial evidence of prior active condition presented by defense counsel through expert medical opinion.
- Mar 24, 2011, Judgment Reversed8th Appellate Dist
Cincinnati Insurance Co. v. City of Cleveland
Motion for summary judgment granted in favor of opposing party was reversed and remanded on appeal in construction case.
- Feb 10, 2011, Judgment Affirmed8th Appellate Dist
Panzica Construction Co. v. Zaremba, Inc.
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
- Dec 20, 2006, Judgment ReversedOhio Supreme Court
Glidden Co. v. Lumbermen’s Mutual Casualty Co.
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
- May 10, 2006, Judgment ReversedOhio Supreme Court
Smith v. Conley
Attorney appeals adverse Court of Appeals decision ruling on motion to withdrawal to effectuate termination of attorney client relationship
- Mar 16, 2006, Decision reversed8th Dist. Ct. of Appeals
L. Yessenow v. Aue Design Studio, Inc. (L. Yessenow)
Defendant appeals trial court decision on unconscienability of arbitration clause in contract for internet website
- Jun 17, 2005, Judgment ReversedSharonville v. American Employers Ins. Co.
Sharonville v. American Employers Ins. Co.
Plaintiff appeals adverse trial court ruling on declaratory judgment seeking coverage under governmental liability insurance policy.
- Apr 15, 2005, Affirmed11th Dist. Ct. of Appeals
Byer v. Wright
Plaintiff appeals adverse trial court judgment in declaratory judgment that Plaintiff was not entitled to UIM benefits under his employer’s policy.
- Apr 1, 2005, Reversed and Remanded2nd Dist. Ct. of Appeals
Jackson v. Greger, Esq. et al.
Plaintiff appeals trial court order to compel discovery of material regarding subsequent representation in legal malpractice action.
- Sep 3, 2004, Affirmed1st Dist. Ct. of App.
City of Sharonville v. United National Ins. Co.
Plaintiff City appeals adverse trial court judgment denying coverage for murder “cover up” conspiracy claim.
- Jun 18, 2003, Decision Affirmed9th Dist. Ct. of Appeals
Smith v. Liberty Mutual Ins. Co.
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.
- Aug 5, 2002, Decision Affirmed5th Dist. Ct. Appeals
Henderson v. Luhri
Appeal of trial court’s judgment entry denying Defendant/Appellant’s Motion to Intervene.
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Main Contacts
- Co-ChairCleveland
- Co-ChairCleveland
- Cleveland
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All Practice Group Attorneys
- Clifford C. Masch
- Brian D. Sullivan
- Holly Marie Wilson
- Katherine M. Haire
- Joseph Borchelt
- Steven A. Chang
- Melvin J. Davis
- Tighe A. Estes
- Aaren Host
- Jackie M. Jewell
- B. Scott Jones
- Patrick Kasson
- Taylor Knight
- Nathan A. Lennon
- Mark A. MacDonald
- Michael M. Mahon
- Ian D. Mitchell
- Sarah E. Noble
- James O'Connor
- Keona R. Padgett
- Stephanie D. Ross
- Matthew L. Schrader
- Timothy B. Spille
- Thomas N. Spyker
- Matthew A. Taulbee
- Trevor Wells