Legal Professional Liability

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

Succesful dismissal of attorney malpractice lawsuit.

Dismissal affirmed in legal malpractice case.

Represented a lawyer and his law firm against a legal malpractice claim. The judge granted summary judgment to the lawyer and his firm on all claims and the complaint was dismissed.

The case started as a well check of Plaintiff’s children by law enforcement on March 4, 2019, that quickly escalated and lasted for over ten hours. The situation ultimately resulted in Plaintiff’s two children being removed from his home. Attorney Delamater communicated with both Plaintiff and law enforcement officials that day at the request of a friend and in an attempt to de-escalate the situation out of fear for the safety of Plaintiff and his young children. Plaintiff alleged that Delamater did not properly represent him during the subsequent child custody hearings. The Court granted summary judgment in favor of Defendants.

Secured a significant win in a legal malpractice and fee dispute case in Ohio. Plaintiff, after selling a business with the assistance of other attorneys, remained employed by the purchasing company. When the plaintiff was later terminated, they retained our client to pursue an employment claim against the buyer. The case went to trial, resulting in a loss for the plaintiff. Following the loss, the plaintiff sued our client for legal malpractice while also owing approximately $30,000 in unpaid legal fees. In response, they filed a counterclaim to recover the outstanding fees. Just before the plaintiff’s scheduled deposition, they voluntarily dismissed. 

Court of Appeals affirmed the decision of the Lucas County trial court dismissing claims of breach of fiduciary duty, fraud, conspiracy, and IIED, on the basis that they were subsumed into the legal malpractice claim and barred by the statute of limitations.       

Appellate court affirmed dismissal of third-party legal malpractice claims against law firm.

Obtained dismissal of legal malpractice claim against an estate planning attorney and his firm.

Motion for summary judgment granted in favor of attorneys in legal malpractice and deceit case.

Fourth Appellate District affirmed the dismissal of legal malpractice claim based upon Ohio’s newly enacted statute of repose.

Less than five months after legal malpractice case filed, all claims dismissed against attorney and law firm based on the legal malpractice statute of repose and statute of limitations.

In a contentious legal malpractice case alleging numerous allegations about representation, obtained summary judgment and dismissal  of all claims in favor of attorney and her law firm.

Obtained Rule 12 dismissal on behalf of Ohio attorneys and their law firm in omnibus civil lawsuit alleging a failure by the clients to defend the plaintiff in separate litigation, succeeding on claims of pleading deficiency and other legal bases.

Summary judgment granted in favor of an attorney and his law firm. The attorney was accused of legal malpractice regarding his representation of his client who was the wife that had a business dispute with her husband’s family-owned business. The wife claimed over six figures in damages against the attorney and filed the legal malpractice suit as the power of attorney for her husband. There was little case law as to the applicability of the attorney-client relationship when a power of attorney is involved in this scenario and also where the wife was trying to state claims that as a spouse she had standing and privity to bring the legal malpractice claim and how the statute of limitations applied as a result. The trial court initially agreed that the case was barred by the statute of limitations granting judgment on the pleadings in favor of our clients. However, this was then reversed and remanded as the appellate court ruled there were sufficient allegations in the pleadings to state a claim. After discovery, Andy and Melany won again as they filed a motion for summary judgment which the trial court granted holding that the claims were barred by the statute of limitations and the wife lacked standing as a spouse and also under the power of attorney to bring her claim.   

Represented a well-known Cleveland law firm and lawyer in a legal malpractice case and obtained dismissal of all claims against the firm and the attorney.

Obtained a motion for judgment on the pleadings in favor of attorney who was sued for legal malpractice and various aiding and abetting tort claims under the “malice”; “bad faith”; and “fiduciary duty” exceptions to the attorney-client relationship.

Obtained summary judgment in favor of divorce attorney in a legal malpractice case.

Obtained summary judgment in favor of attorney.

Plaintiff alleged claims of legal malpractice, fraud, civil conspiracy, IIED, and unlawful acts intended to violated plaintiff’s 4th, 5th, and 6th amendment rights related to our client's legal representation of Plaintiff. Plaintiff filed his claims outside of the 1 year statute of limitations for legal malpractice and all related claims were subsumed into the legal malpractice claim and were barred as untimely. 

Obtained dismissal in legal malpractice action alleging malpractice of appeal of criminal matter through grant of motion for summary judgment.

Obtained dismissal in legal malpractice action through grant of motion to dismiss within 90 days of assignment.

Obtained dismissal of all professional negligence claims asserted against out-of-state law firm arising from an underlying Colorado workers’ compensation matter.

Defended a real estate title company in an action for malpractice and professional negligence arising out of an allegedly improper real estate transfer. Plaintiff asserted damages in the six figures for a purported loss in property value arising from the alleged errant transfer. Upon receiving the Complaint, we timely prepared a Motion to Dismiss, arguing Plaintiffs failed to state a claim for malpractice and professional negligence against our client. More specifically, based upon the contract documents attached to Plaintiffs’ Complaint, it was clear from the face of the Complaint that our client was not in privity with the Plaintiffs and owed no duty. Further, under Ohio law, a title company cannot be held liable for legal malpractice. Upon oral argument, the Court ruled from the bench and granted Lawyers Title’s Motion to Dismiss without further delay. 

Succesfully obtained summary judgment for our attorney-client in a claim for legal malpractice filed in the Warren County Court of Common Pleas. This case involved the attorney’s representation of a client in a business dispute that concluded approximately seven (7) years ago. The Court agreed with our argument that the malpractice claim was barred by the statute of limitations, and dismissed the case on summary judgment before the start of discovery.

Summary judgment granted on all claims based on the expired statute of limitations and the finding that legal malpractice claims are not tolled until final judgment in an underlying matter.

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.

Defense of legal malpractice claim.

Court of appeals upheld summary judgment regarding expert witness testimony requirements in legal malpractice matter. 

Defense of legal malpractice claim.

Obtained summary judgment granted in favor of law firm and attorney in legal malpractice case.

A published decision affirming the federal district court’s dismissal of a complex legal malpractice claim stemming from the settlement of a state law insurance coverage dispute.

Obtained dismissal of malicious prosecution and First Amendment 1983 claim against a prosecutor.   

Affirming trial court’s dismissal of claims against attorneys and court personnel stemming from protracted domestic relations and custody dispute.

In a case alleging legal malpractice, case proceeded to bench trial with all claims against the lawyer being dismissed and costs being taxed to the plaintiff.

Motion to Dismiss granted on claim for legal malpractice involving an underlying domestic relations case.

Summary Judgment granted in favor of defendant lawyer/law firm on vicarious liability legal malpractice claims asserted against them because said claims were barred by the applicable statute of limitations.

Defended an attorney against claims of misconduct from former clients. Represented attorney before both Disciplinary Counsel and the Supreme Court of Ohio.

The Kentucky Court of Appeals reversed the trial court's deciosion and granted our motion to dismiss a claim for legal malpractice against a guardian ad litem in the Kenton County Circuit Court. On February 22, 2022, the Kentucky Supreme Court denied discretionary review of the case.

Obtained Dismissal in Supreme Court Mandamus Action against two Judges over alleged failures to provide a victim statutory rights.

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.

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

Time-barred legal malpractice complaint dismissed in its entirety following a grant of defendant-attorney’s motion for judgment on the pleadings 171 days after receipt of assignment.

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.

Early dismissal of Vermont based Executor of the Estate in plaintiff’s legal malpractice and conspiracy claim, finding attorney did not avail the privileges and protection of Ohio by participating in disciplinary investigation.

Defense of legal malpractice claim against appellate attorney alleging a failure to object to the State's submission of inadmissible exhibits into the appellate file.

Represented professional services assistance program alleged to have violated plaintiff's constitutional civil rights.

Former client-business owner brought a legal malpractice lawsuit against former attorney for alleged deficiencies in the handling of a business dispute and probate matter.

Terry L. Jochum, et al., v. Ezio Listati, et al.

Plaintiff appealed adverse trial court judgment in defense of legal malpractice claim.

Defense of legal malpractice case alleging conspiracy

Defense of legal professional liability in domestic relations matter

Defense of alleged estate planning legal malpractice. Motion for Summary Judgment granted in favor of attorneys, resulting in dismissal of entire lawsuit.

Motion for summary judgment granted in favor of client in defense of legal professional liability claim.

Obtained dismissal and judgment as a matter of law in federal court on civil rights claims brought against a guardian ad litem due to the defendant’s absolute immunity in performing a quasi-judicial function.

Pipino v. Gallagher Sharp

Motion for Summary Judgment in favor of client in defense of legal professional liability claim affirmed on appeal.

Fourtounis v. Verginis

Appeal of trial court's grant of motion for summary judgment in third-party legal malpractice action.

Early dismissal of domestic relations attorney on claimed violations of 42 USC 1983, abuse of process and conspiracy.

T. Kryzwicki v. E. Flanagan

Plaintiff appealed adverse trial court judgment in legal professional liability claim

Defense of legal malpractice claim and counterclaim for fees

Alkire v. Alsfelder

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

Motion for summary judgment granted in favor of client in defense of legal professional liability claim.

Berridge v. McNamee, et al.

Appellate court upheld summary judgment victory on behalf of law firm in underlying case alleging loss of life insurance proceeds

Edward Formica, et al. v. Jeffrey A. Dehner, et al.

Plaintiff appealed adverse Court of Appeals decision in legal malpractice claim

Defense of legal malpractice action 

Darrick E. Smith v. Vedo R. Candiello

Plaintiff appealed adverse trial court judgment in legal malpractice case based on statute of limitations.

Defense of legal malpractice claim

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

Edward Formica, et al. v. Jeffrey A. Dehner, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

Defense of federal white collar criminal   

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

Schneidmiller v. Rapp, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice case based on running of statute of limitations.

Defense of legal malpractice liability claims

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

Defense of complex commercial representation legal malpractice claim

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

Summary judgment granted on claim for legal malpractice

Defense of legal malpractice claim

Defense of legal malpractice 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.

Defense of legal malpractice claim

David Fry v. Heidi Hanni

Plaintiff appealed trial court’s decision granting summary judgment in legal malpractice claim

Defense of legal malpractice claim

Defense of legal malpractice claim

Krantz v. Family and Community Services of Northeast Ohio

Plaintiff appealed adverse trial court judgment in legal malpractice claim

Defense of legal malpractice claim

Defense of legal malpractice claim

Defense of legal malpractice claim

Plaintiff appealed trial court’s decision granting summary judgment in legal professional liability claim

Defense of legal malpractice claim involving shares of stock and in various other business ventures

Defense of legal malpractice in underlying divorce matter

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

Defense of legal malpractice claim

Defense of legal professional liability claim

Defense legal malpractice claim 

Defense of legal malpractice claim

Motion for judgment on the pleading was granted in favor of client in defense of a class action legal professional liability claim.

Defense of legal malpractice claim

Legal Malpractice

Defense of Legal Malpractice claim

Motion for Sanctions granted in legal professional liability case for frivolous claims.

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

Plaintiff appealed adverse trial court judgment in legal malpractice case

Legal Malpractice

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

Heiland v. Smith

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

Shieldmark, Inc. v. Creative Safety Supply, LLC. Defense of legal malpractice claim in patent infringement case

Defense of attorney before Board of Commissioners on Grievance & Discipline

Motion to dismiss was granted in favor of client in defense of a class action legal professional liability claim.

Motion for judgment on the pleadings was granted in favor of client in defense of a class action legal professional liability claim.

R. Cotterman v. C. Arnebeck, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim

Motion for judgment on the pleadings granted in favor of law firm in legal malpractice action

Motion to dismiss and compel arbitration was granted in favor of client in class action legal professional liability claim.

Denial of temporary restraining order and early dismissal of plaintiff’s malpractice claims against attorneys based on lack of privity

Defense of legal malpractice claim

Berkmyer v. Serra, 2011-Ohio-5901

Affirming early dismissal of malpractice claims against defendant estate planning attorney for lack of privity with contingent beneficiaries.

Subsequent History, cert denied, Supreme Court of Ohio, 131 Ohio St. 3d 1484

Kelly Vocaire v. Stafford & Stafford Co., L.P.A., et al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim arising out of domestic relations representation.

Motion for judgment on the pleadings was granted in favor of client in class action legal professional liability claim.

Defense of legal malpractice claim

David Woodrow, et al. v. Tom Heintshelm et al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

Disciplinary Counsel v. Stafford

Respondent appeals finding of conduct prejudicial to administration of justice as justified by obstructive discovery.

Defense of disciplinary charge involving multiple claimed violations