Reminger Co., L.P.A.'s Appellate Advocacy Practice Group is dedicated to handling the myriad of 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 from judicial clerkships.
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 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. 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.
Honors & Recognitions
Reminger's Appellate Practice was ranked as Metropolitan Cleveland Tier 1 for 2023 by U.S. News & World Report and Best Lawyers®.
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.
- Sep 29, 2023, Summary Judgment AffirmedIndiana Court of Appeals
A quarry owner and asphalt producer directed our blasting contractor client to conduct blasting within 20-25 feet of its asphalt plant, with knowledge that the blasting activity conducted there would present a risk to the plant. When the plant was damaged from blasting activities, it sued our client, claiming that the contractor should be strictly liable. We argued that strict liability should not apply to these circumstances, because the stated rationale for applying strict liability is to blasting cases is to protect innocent third parties who do not benefit from the blasting activities, which does not apply to these facts. The trial court agreed and the Court of Appeals upheld the decision.
- Sep 6, 2023, Motion to Dismiss GrantedIndiana Court of Appeals
Obtained summary judgment and appellate win for a physician and surgical group. The physician was accused of negligently reporting elder abuse. Indiana has a statute that creates immunity for such actions in certain circumstances. There is very little case law to explain the scope and exceptions to the immunity. The Trial Court agreed that immunity applied. The plaintiff appealed and the Indiana Court of Appeals affirmed.
- Aug 25, 2023, Motion For Summary JudgmentOttawa County Court of Common Pleas
Summary judgment granted in favor of our marine consulting clients with a subsequent award of $25,000 in attorneys’ fees under Ohio’s frivolous conduct statute. Plaintiff appealed to the 6th District court of appeals, and the sanctions award was upheld on appeal.
- Jun 22, 2023, Summary JudgmentIndiana Court of Appeals
Summary judgment obtained in favor of retailer in a wrongful death case.
- Jun 21, 2023, Dismissal with PrejudiceIndiana Supreme Court
The Indiana Supreme Court affirmed the Monroe County Circuit Court’s dismissal of a negligence lawsuit against our construction company client.
- Apr 6, 2023, Summary Judgment AffirmedIndiana Supreme Court
This matter involves a dental malpractice claim against a periodontist, in which the Plaintiff alleges that she experienced symptoms that included sleeplessness, nerve pain, mental confusion, dizziness, etc. as a result of the periodontist’s decision to prescribe Levaquin as a prophylactic antibiotic prior to the Plaintiff’s dental implant procedure. Plaintiff alleged that the Periodontist breached the standard of care by prescribing Levaquin, by failing to provide Plaintiff with informed consent as to the risks of this antibiotic, and by delaying in issuing a stop-use instruction to Plaintiff. Following a unanimous Medical Review Panel opinion in favor of the Periodontist, the Plaintiff filed a lawsuit. We then filed a Motion for Summary Judgment, which the trial court granted on the basis that the expert witnesses designated by Plaintiff, which consisted of two physicians and a dentist, were not qualified to opine on the standard of care as required under Indiana law. Furthermore, the fact that Plaintiff admittedly read all risks regarding the antibiotic before she took the medication only further negated the informed consent claim. The Court of Appeals affirmed.
- Apr 6, 2023, Summary Judgment AffirmedIndiana Supreme Court
This matter involved a chiropractic malpractice claim relating to an allegation of negligent treatment resulting in a cervical spine fracture. The case centered on the element of causation, namely that the origin of the compression fracture, was complicated by the patient’s metastatic bone cancer. A licensed physician offered an opinion on behalf of the defense that the cancer was the cause of the fracture; in turn, Plaintiff designated a physical therapist (DPT) to provide an opinion to the contrary. However, as both the trial court and Court of Appeals determined, which opinions remain in-tact following the Supreme Court’s decision not to accept transfer, Plaintiff’s expert physical therapist was not qualified under the Rules of Evidence to offer an opinion on causation because such a complicated medical question, in addition to a question centering on subjective complaints of pain, required the expert opinion of a physician licensed to practice medicine. Because Plaintiff failed to designate a qualified medical opinion on the essential element of causation, defendant was entitled to summary judgment.
- Mar 16, 2023, Petition to Transfer DeniedIndiana Court of Appeals
In October 2022, partial summary judgment was affirmed in a matter involving a negligence action against our client (a general contractor), stemming from the severe job-site injuries sustained by another contractor’s employee. Both the trial court and the Indiana Court of Appeals found that our client did not, pursuant to its contract with the project owner, assume a duty of care to ensure the workplace safety of the project owner’s other contractors/sub-contractors or their employees.
In March 2023, the Indiana Supreme Court denied the plaintiff’s petition to transfer. The Supreme Court’s denial established that there was no merit to further review of the case because the Court of Appeals’ correctly decided it. This case established precedent for the entire state.
- Jan 17, 2023, Motion for Judgment on the Pleadings Affirmed4th Appellate Dist
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.
- Dec 19, 2022, Motion for Summary Judgment Affirmed6th Cir. Court of Appeals
Plaintiff/Appellant claimed her employer discriminated against her based on race and retaliated against her for reporting discrimination based on race and sex by terminating her.
- Dec 14, 2022, Summary Judgment AffirmedIndiana Court of Appeals
Summary judgment affirmed in favor of our chiropractor client.
- Dec 2, 2022, Judgment AffirmedKentucky Court of Appeals
Client operated an agritourism business focusing on guided horseback rides in Barren County, Kentucky. Plaintiff fell from her horse during her participation in the ride, suffering injury. She proceeded to bring suit against the client, claiming it was negligent in maintaining the horse’s saddle and tack, among other allegations of negligence. After successfully obtaining summary judgment in the Barren Circuit court on the basis of a pre-injury waiver signed by the Plaintiff prior to her participation, the Plaintiff appealed to the Kentucky Court of Appeals. The Kentucky Court of Appeals, through published opinion, affirmed summary judgment granted on behalf of the client by the Barren Circuit court, pertinently holding that the pre-injury waiver signed by the Plaintiff prior to her fall was enforceable under the strict common law standard.
- 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.
- Nov 17, 2022, Judgment Affirmed8th Appellate Dist
Judgment affirmed in undue influence case.
- Nov 14, 2022, Judgment Affirmed11th Dist. Ct. of Appeals
Appellate court affirms motion for judgment on the pleadings regarding the sufficiency of Plaintiff’s affidavit of merit against a psychiatric practice.
- Oct 31, 2022, Summary Judgment AffirmedIndiana Court of Appeals
Summary judgment affirmed in favor of our periodontist client in dental malpractice claim.
- Oct 3, 2022, Decision AffirmedIndiana Court of Appeals
Partial summary judgment was affirmed in a matter involving a negligence action against our client (a general contractor), stemming from the severe job-site injuries sustained by another contractor’s employee. Both the trial court and the Indiana Court of Appeals found that our client did not, pursuant to its contract with the project owner, assume a duty of care to ensure the workplace safety of the project owner’s other contractors/sub-contractors or their employees.
- Sep 6, 2022, Trial Court Decision ReversedOhio Supreme Court
Successfully appealed trial court's decision regarding a tax revenue sharing agreement between two school districts.
- Sep 1, 2022, Judgment Affirmed8th Dist. Ct. of Appeals
Motion to compel successfully upheld by Eighth District Court of Appeals regarding disclosure of electronic information in matter involving misappropriation of trade secrets.
- 2022Kentucky Court of Appeals
Succefully briefed appellate case further defining the legal scope of pre-injury exculpatory releases in Kentucky.
- Aug 22, 2022, Summary Judgment AffirmedThird Appellate District Court, Auglaize County, Ohio
The Third District Court of Appeals affirmed the trial court’s grant of summary judgment in favor of our clients, a board of education and baseball coach, based on political subdivision immunity.
- Jul 28, 2022, Motion for Summary Judgment Affirmed8th Appellate Dist
Affirming the trial court’s grant of summary judgment in favor of defendant law firm and individually named attorneys concerning the handling of an underlying complex business dispute and multi-million dollar property transaction.
- Jul 28, 2022, Judgment Affirmed8th Dist. Ct. of Appeals
Court of appeals upheld summary judgment regarding expert witness testimony requirements in legal malpractice matter.
- Jun 13, 2022, Affirmed11th Dist. Ct. of Appeals
Affirming trial court’s dismissal of workers’ compensation claim for alleged COVID-19 exposure.
- May 26, 2022, Affirmed6th Circuit Court of Appeals
Sixth Circuit Court of Appeals affirmed the district court’s dismissal of Plaintiffs’ federal housing discrimination claims against a condominium association and its individual Board members.
- May 19, 2022, Motion for Summary Judgment Affirmed8th Appellate Dist
Appellate court affirms trial court’s motion for summary judgment in medical malpractice case alleging delayed cancer diagnosis.
- May 9, 2022, Summary Judgment Affirmed6th Circuit Court of Appeals
Summary judgment was granted in favor of construction company on negligence claims, including a wrongful death claim. The appellate court affirmed that decision, finding that the district court properly granted summary judgment under Ohio law.
- Apr 2022, Dismissal Affirmed11th Appellate Dist
Court of appeals affirmed trial court’s dismissal of civil conspiracy allegation based on witness immunity.
- Apr 22, 2022, Dismissal Affirmed2nd Dist. Ct. of Appeals
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.
- Mar 14, 20223rd Appellate Dist.
Affirming trial court’s dismissal of slip and fall lawsuit.
- Mar 14, 2022, Judgment Affirmed11th Appellate District
Affirming trial court’s dismissal of claims against a mental health provider.
- Feb 16, 2022, Dismissal Affirmed6th Circuit Court of Appeals
Affirming trial court’s dismissal of medical malpractice action brought against multiple hospitals and physicians.
- Phillips v. Acacia on the Green Condo AssociationDec 21, 2021, Summary Judgment AffirmedCourt of Appeals, Cuyahoga County, Eighth Appellate District
Affirming trial court’s grant of summary judgment in favor of condominium association and individually-named Board members against breach of contract, breach of fiduciary duty and breach of Ohio Condominium Law case.
- Nov 8, 2021, Decision AffirmedU.S. Court of Appeals, Sixth Circuit
Brian Nally and Steven Chang recently obtained dismissal of a lawsuit pending in the U.S. District Court for the Southern District Court of Ohio, arising out of allegations that a financial advisor made various improper recommendations to a client. Reminger successfully obtained dismissal from the U.S. District Court, arguing that the Plaintiff failed to state a claim under various securities/criminal statutes and arguing that the claims were time-barred. After an appeal to the United States Court of Appeals for the 6th Circuit, the dismissal in favor of Reminger’s client was affirmed in all respects.
- Aug 31, 2021, AffirmedCourt of Appeals, Ashland County, Ohio, Fifth Appellate District
Defended youth behavioral facility against appeal after the trial court dismissed claims raised by the Ohio Department of Mental Health and Addiction Services for the emergency appointment of a receiver. The appellate court affirmed the original ruling in favor of youth behavioral facility.
- Yost v. McNea, 6th Dist. Erie No. E-20-014, 2021-Ohio-2145Jun 25, 2021, Decision AffirmedOhio Court of Appeals, Sixth District Erie County
Affirming trial court’s denial of Motion for Relief from Judgment stemming from the dismissal of a legal malpractice claim concerning an underlying adoption proceeding.
- 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, 202110th 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, 2020Eighth 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, 20196th 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, 2018Ohio 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, 20178th 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, 20178th 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, 2017U.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, 2016United 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, 201411th 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, 2012Ohio 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.
- Press Release, Nov 5, 2020
- Patrick Kasson Quoted in Sandusky Register Article on Appeal of Defamation Lawsuit Against Mental Health BoardSandusky Register, Feb 29, 2020
- Press Release, Nov 14, 2019
- Nov 1, 2019
- Press Release, Aug 15, 2019
- Press Release, May 22, 2019
- Patrick Kasson Featured in Multiple Media Outlets Regarding 6th Circuit Court of Appeals Twitter Case Involving Actor James WoodsPress Release, Mar 1, 2019
- Brian D. Sullivan Appointed by Ohio Supreme Court to Serve Three-Year Term on Board of Commissioners on Character & FitnessPress Release, Jan 24, 2019
- Press Release, Nov 1, 2018
- Reminger Foundation, Lawyers Guild of the Catholic Diocese of Cleveland, and Catholic Community Foundation Join to Create Martin T. Galvin Memorial Scholarship FundPress Release, Oct 10, 2018
- Press Release, Aug 2, 2018
- Press Release, Jun 27, 2018
- Press Release, May 25, 2018
- Press Release, Dec 6, 2017
- Press Release, Nov 1, 2017
- Press Release, Nov 1, 2016
- Press Release, Apr 18, 2016
- Press Release, Dec 2, 2015
- Press Release, Nov 2, 2015
- Press Release, Jun 19, 2015
- Ohio Supreme Court Rejects Attempt to Prosecute Medical Malpractice Lawsuit Without Expert TestimonyDec 8, 2011
- Jul 10, 2023
- 8th District Advanced Appellate Advocacy Seminar, Nov 19, 2021
- The Same Juror RuleColumbus, OH, Dec 13, 2018
- Protocol of Appellant ArgumentCleveland, OH, Sep 27, 2017
- Cleveland, OH, Mar 9, 2017
- American Trial of Roger CasementDublin, Ireland, Nov 6, 2016
- Building Your Civil Litigation SkillsCleveland, OH, Oct 17, 2016
- Recent and Pending Supreme Court Decisions Affecting Medical MalpracticeColumbus, OH, Aug 16, 2016
- Ethics in Appellate PracticeOhio State Bar Assn. CLE, Columbus, OH, Apr 7, 2016
- Ethics and Appellate PracticeOhio State Bar Association CLE, Columbus, OH, Apr 16, 2015
- Appellate EthicsOhio State Bar Assn. Annual CLE, Cleveland, OH, Apr 9, 2015
- Ethical Issues in Brief Writing, Oral Presentation and Appellate PracticeOhio Association of Civil Trial Attorneys Annual Conference, Columbus, OH, Nov 14, 2014
- Cleveland, OH, Apr 23, 2014
- Appellate Ethics - Ohio State Bar Assn. Annual CLECleveland, OH, Apr 23, 2014
- Ethics of Appellate Practice - Ohio State Bar Assn. CLEColumbus, OH, Apr 16, 2014
- Ethical Responsibility in Appellate PracticesOhio State Bar Assn. CLE - Cleveland, OH, Apr 21, 2013
- Legal Writing in the Practice of LawCleveland-Marshall College of Law - Cleveland, OH, Mar 19, 2013
- Appellate ProceduresNational Business Institute CLE - Cleveland, OH, Dec 21, 2012
- Appellate EthicsNational Business Institute CLE - Cleveland, OH, Dec 21, 2012
- The Use of Depositions for Reporting, Motions and TrialColumbus Bar Association CLE - Columbus, OH, Nov 7, 2012
- Faces and Places 2012 Co-Chair for the Cleveland Metropolitan Bar AssociationCleveland Metropolitan Bar Association-Women in the Law Section - Cleveland, OH, Sep 20, 2012
- Hot Topics Concerning In-House Management of AppealsDRI Appellate Advocacy Seminar - Boston, MA, Jun 21, 2012
- Hot Topics Concerning In-House Management of AppealsDRI Appellate Advocacy Seminar - Boston, MA, Jun 21, 2012
- Practical Discovery from A to ZNational Business Institute CLE Seminar - Cleveland, OH, Sep 23, 2011
- Dispositive Motion Practice and Handling of an AppealNational Business Institute CLE Seminar - Cleveland, OH, Aug 25, 2011
- Ohio State Bar Association CLE - Columbus, OH, Apr 6, 2011
- "Effective Time Management Billing and Legal Research in the Legal Profession"Cleveland Marshall School of Law. Cleveland,OH, Mar 25, 2010
- Appellate Certification and En Banc ProceduresJun 12, 2009
- Pre-Appeal ConsiderationsApr 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, Feb 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, Jul 3, 2017
- Ohio State Bar Association Ohio Lawyer - March-April 2013 Edition, Mar 15, 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, Feb 18, 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, Feb 18, 2013
- Hamilton County Law Library Newsletter, July 2012, Jul 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, Apr 30, 2012
- Appellate Advocacy Practice Group Spring 2012 NewsletterMar 29, 2012
- Appellate Advocacy Practice Group E-News Brief, Mar 8, 2012
- In a Lack of Informed Consent Case, Expert Medical Testimony is Required to Establish Both the Risks and DangersDec 8, 2011
- Appellate Practice Group E-News, November 2011, Nov 28, 2011
- DRI - The Voice, Volume 10 Issue 42, Oct 19, 2011
- Aug 19, 2011
- Party Hiring Counsel on Behalf of Corporation Must Have Authority To Do So and Not a “Dissident” Board MemberAug 1, 2011
- July 2011 Appellate Newsletter, Jul 29, 2011
- Business Lexington, May 11, 2011
- Ohio Supreme Court Determines That Personal Injury Lawyers Cannot Sue Tortfeasor’s Insurer to Recover FeesJan 27, 2020
- 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
- Ohio Supreme Court Rules Medical Malpractice Lawsuits Must Be Filed Within Four Years of Claimed InjuryOct 25, 2016
- Feb 10, 2015
- Ohio Supreme Court Declared That Failure to Issue Personal Protective Equipment Does Not Constitute Removal of Equipment Safety Guard for An Intentional TortNov 21, 2012
- Jan 12, 2009
- Estate and Trust Dispute Center of Ohio, Jan 6, 2017
All Practice Group Attorneys
- Clifford C. Masch
- Brian D. Sullivan
- Holly Marie Wilson
- Katherine M. Haire
- Vincent P. Antaki
- Steven A. Chang
- Melvin J. Davis
- Tighe A. Estes
- Timothy B. George, Jr.
- Richard R. Gillum III
- Kent Hushion
- Jackie M. Jewell
- Lindsay M. Johnson
- B. Scott Jones
- Patrick Kasson
- Taylor Knight
- Nathan A. Lennon
- Mark A. MacDonald
- Ian D. Mitchell
- James O'Connor
- Keona R. Padgett
- Brianna Prislipsky
- M. Tyler Reynolds
- Stephanie D. Ross
- Matthew L. Schrader
- Timothy B. Spille
- Thomas N. Spyker
- Matthew A. Taulbee
- Trevor Wells