Professional Liability

Motion for judgment on the pleadings granted on res judicata grounds in professional liability action.

Defended a title company in a quiet title action after the defendant purchased property by way of a forged deed, alleging that our client failed to properly conduct a title examination and failed to procure title insurance after the defendant elected to proceed with a cash only closing. The trial court granted summary judgment, and the defendant appealed. On appeal, the Seventh District affirmed, finding that the defendant’s decision to go through with a cash only closing – and our client’s subsequent note that the defendant would be responsible for all “fees” going forward – were sufficient to modify the contract and eliminate any duty to procure title insurance.

Obtained summary judgment in favor of our real estate broker client in a liability case involving dual representation and alleged violations of duties to a tenant. 

Represented client in a Ohio CSWMFT Board investigation of their license over four separate ethical complaints filed by former counseling clients as well as one former employee-counselor. The investigation was closed without any findings against our client and a full resolution of all complaints. 

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.

Motion to dismiss granted in favor of defendants accused of violating the Electronic Communications Privacy Act (“ECPA”) commonly known as the Federal Wiretap Act

The purchaser of a property who after the title agency prepared the settlement statements instead elected to proceed with the closing without the title agency filed a third-party claim against the title agency when the purchaser later discovered a potentially fraudulent signature in a prior deed in the chain of title.  The Court granted the title company summary judgment holding that a title search does not include the rendering of an opinion as to the validity of the title and the title agency was no longer under any independent duty to disburse funds for title insurance that were set forth in the settlement statements when the purchaser elected to forego the closing.

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

Following a three-year investigation, culminating with a March 2023 notice of intent to revoke his client's insurance licensure, Joe Simms participated in an evidentiary hearing in March 2024 in front of the Ohio Department of Insurance. The investigation arose in connection with a nationwide Ponzi scheme that spanned seven years and impacted more than 15,000 individuals, causing several hundred million dollars of losses, and resulting in criminal convictions of a half dozen (non-client) people, including decades of prison time and over a half billion dollars (with a "B") in fines. Joe received notice that the hearing officer agreed that revocation or suspension was not an appropriate sanction for his client, and imposed a fine of just $2,000.

Obtained dismissal through a motion for judgment on the pleadings for a licensed home inspector.

Obtained directed verdict in favor of our auto service client. The case involved allegations of negligent auto repair, and a claim that the Plaintiff did not consent to the work performed.

Obtained dismissal of all claims alleged against title company as court held that the plaintiff’s claim as a third-party beneficiary as to the title company had no support in Ohio law.

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 a favorable settlement in an accounting malpractice matter related to alleged negligent preparation of tax returns.

Motion for partial summary judgment granted, limiting damages, in an environmental professional liability case due to a limitation of liability clause in the contract. 

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. 

Obtained dismissal in professional negligence claim against an insurance agent and agency through grant of motion for summary judgment, successfully dismissing eight civil claims on the eve of a scheduled trial.

In this matter, we were successful in obtaining dismissal on a professional liability claim. To that end, the trial court granted the defendant financial planner/insurance agent’s motion to dismiss the plaintiffs’ complaint alleging errors and negligence associated with the submission of a life insurance beneficiary designation change form.

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

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.

Motion to dismiss granted in favor of escrow agent based on lack of contractual or tort duty to inform prospective seller of required inspections prior to closing of real estate transfer.

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.

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

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 broker-dealer client was the subject of a seven-figure customer complaint alleging overconcentration, unsuitable recommendations, and a lack of supervision concerning five alternative investments in various Real Estate Investment Trusts. The FINRA arbitration panel dismissed all claims against our client, holding that “any and all claims for relief… including any request for punitive damage, treble damages and attorneys’ fees, are denied.”

Defense of large national real estate broker regarding a Creditor’s Bill Complaint against the broker’s real estate agent and the broker, seeking a non-wage garnishment of the agent’s real estate commissions.

Represented mental healthcare provider in professional liability claim.

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.

Represented addiction treatment center in professional liability claim.

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

Affirming trial court’s dismissal of wrongful death claim filed after the expiration of the medical malpractice statute of repose.

Represented real estate agent in professional liability claim.

Insurance broker negligent procurement claims related to commercial property coverage prior to substantial fire loss.

Motion to dismiss granted in Hamilton County Court of Common Pleas on claims for legal malpractice that were barred by the statute of limitations.

Summary Judgment victory for professional massage studio on claims of negligent hiring and training. Summary Judgment was upheld on appeal by the First Appellate District.

Motion for Judgment on the Pleadings granted in Warren County Court of Common Pleas for property management company and employees on claims related to wrongful foreclosure on property.

Granting motion for directed verdict filed on behalf of a title/escrow services company in escrow defalcation case.

Successfully obtained summary judgment on behalf of an insurance brokerage firm facing claims that they failed to procure, advise, and were otherwise negligent regarding a stop-loss insurance and laser policy for a governmental entity.

Successfully obtained summary judgment on behalf of an insurance agent and insurance carrier facing claims of negligence and breach of contract, respectively.

Summary Judgment granted in Boone County Kentucky Circuit Court on claims of fraud and negligence asserted against real estate agent for failure to disclose mold contamination.

Defense of RICO claim.

Moses McCormick, et al. v. Hsiu Chen Lu, et al.

Defense of a legal malpractice claim with a summary judgment granted at the lower court.

Aljaberi v. Neurocare

Defendants appealed adverse trial court’s order compelling a physicians group to produce Ohio State Medical Board reports that are statutorily protected from disclosure.

In Re: Dove Le Moor

Motion to Dismiss Writ of Mandamus granted in favor of client in defense of professional liability claim.

Arbitration defense of contractual dispute for professional services rendered (REMINGER - AAA)

Successfully obtained dismissal of insured mental health counseling center and its counselor after it was sued for alleged unauthorized disclosure of mental health records. Court granted dismissal of the case for lack of personal jurisdiction under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.  

Defense of conversion vehicle repossession

Obtained a defense verdict in a case involving claims against an insurance agency for an alleged failure to procure insurance, fraud, misrepresentation, and a failure to advise as to proper insurance coverage.

Defense of a broker-dealer and broker against claims of unsuitability, breach of fiduciary duty, breach of contract, and negligence brought by a former client

Novel v. Lane Alton & Horst, Rick Marsh, Ray Pantel

Defense of Racketeering & Corrupt Organizations Act (RICO) and fraud claims against law firm and attorneys

Dismissal of FDCPA claim asserted against property preservation company

Defense of insurance agent E&O claim

Defense of real estate broker commission license suspension claim

Arbitration defense of professional liability property damage claim

Defense of security fraud

A. Jackson et al. v.Dick Long Real Estate, et al.         

Plaintiff appealed adverse trial court judgment in real estate agent E&O claim

Larry Cooper, et al. v. Akron Pest Control

Plaintiff appealed adverse trial court judgment in a personal injury professional liability toxic tort claim

Arbitration defense of property damage miscellaneous professional liability 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

Defense of insurance broker errors and omissions claim

Arbitrator’s ruling denying plaintiff’s motion to proceed on a class basis was affirmed in favor of client.

Amir Jamal Tauwab et. al. v. Premier Properties

Plaintiffs appealed adverse trial court judgment in trespass and conversion action

Defense of real estate agent E&O claim for property damage arising out of residential purchase.

Defense of insurance agent E&O claim

Strozier v. Aurora Child Development Center

Plaintiff appealed adverse trial court judgment in miscellaneous professional liability personal injury claim against Child day care center.

George Kilko, Jr. v. Walter & Haverfield

Plaintiff appealed adverse summary judgment ruling based on statute of limitations.

Defense of legal malpractice claim

Defense of legal malpractice claims based on alleged malfeasance in guardianship administration

Arbitration defense of property damage governmental liability claim arising out of youth athletic organization.

Arbitration defense of claimed property damage arising out of construction supervision liability

E. Stambaugh v. T.C. Wood Realty, Inc.

Plaintiff appealed adverse trial court judgment on realty E&O claim arising out of real estate management agreement.

Frank Spalla, et al. v. Fransen, et al.

Plaintiff appealed adverse trial court judgment limiting his damages to earnest money deposited on failed real estate transaction.

Defense of legal malpractice claim involving representation of plaintiff in toxic tort claim

Defense of legal malpractice claim involving trust beneficiary

Arbitration defense of security dealer E&O claim involving alleged order to sell securities in Claimants account

Norma Lee v. Javitch Block and Rathbone, LLP

Attorneys appealed adverse trial court judgment granted in favor of Plaintiff on a claim under the Fair Debt Collection Practices Act (FDCPA)

Clifford v. Licking Baptist Church, et al.

Plaintiff appealed adverse trial court judgement in sports commercial premises liability claim

Janet Yates v. Jeffery S. Brown

Defense of a legal malpractice claim.

FINRA Arbitration defense involving a registered representative in a 419 Plan transaction

Arbitration defense of professional liability veterinarian E&O case

Defense of architect & engineer malpractice case

Defense of real estate agent E&O claim involving commercial property management and counterclaim.