Appellate Advocacy

Defense of pain management physician in a medical negligence claim, allegedly leading to a spinal cord injury.

Plaintiff appealed granting of dismissal based on statute of limitations.

Ohio Supreme Court answered certified question regarding allocation of insurance proceeds for long-term injuries amongst multiple policy years.

Long term care litigation addressing applicability of voluntary arbitration agreement.

Medical malpractice litigation addressing application of statute of limitations in foreign body claim.

Appellate court affirms trial court’s dismissal of plaintiff’s legal malpractice claim, finding that defendant-attorney exercised sound professional judgment.

Appeal of trial court’s grant of directed verdict in favor of retailer at trial.

Appellate court upheld six-figure award of attorney fees and expenses in favor of Defendant in civil rights litigation.

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.

Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.

Williams, et al. vs. American Homes 4 Rent, et al.

Motion for Summary Judgment on mold exposure lawsuit upheld.

Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.

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. 

Powell v. Medical Department Cuyahoga County Correctional Center

Appeal of a civil rights lawsuit against prison healthcare providers.

Portia A. Boulger v. James H. Woods

Reminger Obtains Dismissal of Defamation Lawsuit Filed Against Actor James Woods

Joel D. Naselroad v. Dennis Mabry, Mark Craycraft

Appeal of summary judgment in § 1983/personal injury case

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.

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

Charles Patterson, et al. v. Adelta, Inc.

Appeal of summary judgment in premises liability case involving inherently dangerous work.

P. Portee v. Cleveland Clinic Foundation

Defendants appealed adverse Court of Appeal decision reversing summary judgment based on statute of limitations.

Elsner v. Birchall, M.D.

Appeal of Medical Malpractice Defense Verdict

Betty Oliver v. City of Marysville

Defense of appeal against declaratory judgment and injunctive relief action decision from trial 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.

Cindy A. Caruso, et al. v. Erie Shoreline Properties LLC et al.

Paolucci v. Morgan

Dismissal of a negligence claim against a stable owner for injuries to two horses

Hendry v. Lupica, III

Appeal of summary judgment in wet basement case.

Kavanagh v. Caruthers, et al.,

Appeal of class action certification.

Wynveen v. Corsaro, et al.

Appeal of probate court’s grant of motion to disqualify counsel

Bagi, et. al. v. City of Parma   

Defense of First Amendment Freedom of Speech Claims  

Messmer v. KDK Financial Services, Inc

Plaintiff appealed adverse trial court judgment in financial services liability claim

Beard v. St. Vincent Charity Hospital

Plaintiff appealed defense verdict in medical negligence claim  

Trevor Sheehan v. ProMedica Health System, et al.

Plaintiff appealed adverse trial court in medical malpractice claim

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.

Dueck v. Clifton Club Co.

Appeal of probate court’s grant of summary judgment

Gallagher, Extr. v. Firelands Regional Medical Center

Defendant appealed adverse trial court judgment in wrongful death medical malpractice case 

Defense of wrongful death dram shop liability claim against bar/restaurant arising from fatal head-on automobile accident

Alkire v. Alsfelder

Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability case.

Carol Lytle v. Mathew et. al.   

Disqualification of Plaintiffs’ counsel in a medical malpractice action

Portee, et al. v. Cleveland Clinic Foundation, et al.

Plaintiff appealed adverse trial court judgment in medical malpractice claim

Berdysz v. Boyas Excavating, Inc.

Appeal of trial court’s certification of a class action

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.

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

Toledo Bar Assn. v. Crosser

Attorney appealed disciplinary Board of Professional Conduct suspension order for violation of Rules of Professional Conduct

Sunoco Pipeline L.P. v. Teter

Defendant appeals adverse trial court judgment on issue of eminent domain for “liquid energy pipe lock.”

Ruiz-Bueno (Est. of Edward Peterson) v. Dr. John Tilley 

Allegations of deliberate indifference to medical needs against psychologist

Walling v. Wagner

Defense of legal malpractice claim

Bender v. Logan

Appeal of trial court grant of motion for summary judgment in business dispute action

Smith v. Helsop

Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter.

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.

Moore v. Covenant Care Ohio Inc.

Plaintiff appealed adverse trial court judgment in wrongful death long term care claim

DiPaolo v. Blair & Latell

Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability claim.

Fry v. Hanni

Plaintiff appealed adverse trial court judgment in legal malpractice claim

Lytle v. Mathew et. al.

Plaintiff appealed order denying motion to quash subpoena and motion for protective order

Plaintiff appealed adverse trial court judgment in legal professional liability claim

Granger v. Auto Owners, Inc.

Plaintiff appealed adverse trial court judgment in professional liability claim

Jason Milner, et al. v. Robin Biggs, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice case

E/O S. Galloway v. Marion Psychological Inc., et al.

Plaintiff appealed adverse trial court judgment in wrongful death suicide claim

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

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. 

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.

David M. Schneider v. Michael Hardesty, et. al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim over Utah attorney

Fisk v. Rauser & Associates, LPA

Plaintiff appealed trial court judgment in legal malpractice claim

Simmons v. Rauser & Associates, LPA

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

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.

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.

Panzica Construction Co. v. Zaremba, Inc.

Motion to dismiss and compel arbitration was granted in favor of client affirmed on appeal in construction case.

Plaintiff appeals adverse trial court judgment in commercial premises liability claim

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

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

Smith v. Conley

Attorney appeals adverse Court of Appeals decision ruling on motion to withdrawal to effectuate termination of attorney client relationship

L. Yessenow v. Aue Design Studio, Inc. (L. Yessenow)

Defendant appeals trial court decision on unconscienability of arbitration clause in contract for internet website

Sharonville v. American Employers Ins. Co.

Plaintiff appeals adverse trial court ruling on declaratory judgment seeking coverage under governmental liability insurance policy.

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.

Jackson v. Greger, Esq. et al.

Plaintiff appeals trial court order to compel discovery of material regarding subsequent representation in legal malpractice action.

City of Sharonville v. United National Ins. Co.

Plaintiff City appeals adverse trial court judgment denying coverage for murder “cover up” conspiracy claim.

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.

Henderson v. Luhri

Appeal of trial court’s judgment entry denying Defendant/Appellant’s Motion to Intervene.