Results

Obtained motion for summary judgment in commercial litigation case involving concealment of assets, fraudulent transfers, and other improper conduct. After written discovery and several depositions, the trial court granted summary judgment in favor of our clients, as well as other defendants. The trial court subsequently awarded the reimbursement of attorneys’ fees in the amount of $25,000 to our clients after finding that Plaintiff’s continued prosecution of the claims (after the completion of discovery) was frivolous. 

Successfully defended a Class I Residential Youth Facility in an administrative trial in Columbus, Ohio before the Ohio Department of Mental Health and Addiction Services (ODMHAS), which sought to revoke our client’s license. ODMHAS recommended dismissal of the alleged violations. Instead of having its license revoked as threatened by the State, our client received a recommendation for its renewal, with a notable chastisement of the State, and compliments for the service it provides to the community.

Successfully appealed trial court's decision regarding a tax revenue sharing agreement between two school districts. 

Defense of construction company and its employee backhoe driver against claims of negligence.

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.

Succesfully defended big-box retailer in a premises liability case alleging active negligence of employee. 

Motion for partial summary judgment granted in favor of employer against retaliation and and contract/quasi-contract claims.

Summary judgment granted in favor of large financial institution/trust company and portfolio manager in a securities/trust dispute. 

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.

Succesfully represented a fire investigator accused of negligence, civil conspiracy and malicious prosecution. The investigator was alleged to have issued an erroneous investigation report which determined that the housefire was arson and resulted in the Plaintiff’s wrongful indictment for arson. The Warren County Court of Common Pleas granted our motion for summary judgment on the issue of a lack of duty to the carrier’s insured, as well as immunity for cooperation with law enforcement investigations.

Claimant was a 64-year-old high wage-earner and long-term employee seeking permanent total disability award following shoulder surgery that precluded him from returning to work as a professional truck driver.  A PTD award had a value over $300,000.  At the close of mediation, the claimant’s final demand was $184,000 and the employer drew the line at $150,000.  The claim was submitted for determination and the administrative law judge agreed the claimant was only partially disabled, resulting in an award worth $130,000.

Obtained a defense verdict in favor of individual business owner and two businesses who were being pursued for breach of contract, breach of fiduciary duty, fraud, among other claims, by Plaintiffs who were seeking nearly $2.0 million in damages. 

Successfully defended dental client in small claims case.

Plaintiff was injured when he was struck by a waste cart that had rolled off of a platform located on the outside of a manufacturing facility in Georgetown, KY. The Plaintiff filed suit against he manufacturing company, a staffing agency, and a temporary worker. Summary Judgment was granted in favor of the temporary worker and the staffing agency as they did not have sufficient control of the premises to be liable.

Summary judgment granted in favor of big-box retail client where a customer alleged negligent security when an assailant pulled a weapon on him.

Summary judgment granted in favor of our community facility client in case of alleged negligence, intentional infliction of emotional distress, and loss of consortium.

Claimant was seeking permanent income and medical benefits as a result of a low back, hip and leg injury.  He was specifically seeking coverage for lumbar surgery.  Counsel was able to utilize surveillance and medical records documenting prior lumbar radiculopathy effectively to undermine the claimant’s credibility and secure an opinion dismissing the low back claim and limiting liability to an award for 2% impairment and future medical treatment of the leg alone.  The decision allowed for a post-award settlement on a full and final basis on favorable terms.

Plaintiff alleged that he was assaulted while making a delivery to a manufacturing facility in Bowling Green, KY. The Plaintiff claimed that Defendant, a trucking company employee, assaulted him after a dispute arose regarding where the Plaintiff had parked his tractor trailer. Defendant claimed it was self defense and the Plaintiff threw the first punch. Unanimous defense verdict in favor of our trucking company client.

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.

Affirming trial court’s dismissal of workers’ compensation claim for alleged COVID-19 exposure.

Succesfully defended our drilling and blasting client against claims of breach of contract and alleged inadequately performed blasting work. The court granted our client summary judgment, dismissed all of Plaintiff’s claims, and awarded our client all of its attorney fees and costs.  

Defense of trucking company against punitive damages claim and direct claims of negligence.

Successful defense on a claim where the Plaintiff was alleging a zoning decision violated the Americans with Disabilities Act, the Fair Housing Act and the U.S. Constitution.

Claimant was seeking permanent income and medical benefits as a result of lumbar radiculopathy.  Through diligent investigation into her prior medical history and post-injury employment with another employer, which the claimant failed to disclose to the carrier, counsel secured an award of temporary benefits, which were offset entirely by the combination of temporary total disability benefits already paid and the claimant’s post-injury wages from other employment, resulting in no additional liability for the employer.

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

Obtained dismissal of breach of contract complaint for lack of personal jurisdiction.

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.

Appellate court affirms trial court’s motion for summary judgment in medical malpractice case alleging delayed cancer diagnosis.

Defense of City against a claim of property damage caused by a City-owned tree that fell on the plaintiff’s home during a storm. 

Defense of general surgeon in medical malpractice claim involving a failure to timely diagnose a bowel perforation which led to septic shock, coma, and cardiopulmonary injury.

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.

Defense of big box retailer in Consumer Sales Practices Act claim.

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.

Obtained a dismissal of a complaint on behalf of an appraiser client in Greenbrier County, West Virginia by successfully arguing an appraiser hired by the lender owes no duty to the property’s buyer. This appears to be a case of first impression under West Virginia law.

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

Defense of claim alleging negligence on premises of big box retailer. 

Affirming trial court’s dismissal of claims against a mental health provider.

Affirming trial court’s dismissal of slip and fall lawsuit.

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.

Successfully defended large retailer against claim of traumatic brain injury on premises.

Successfully represented client in will contest case, obtaining a 7-1 jury verdict after four days of trial and thirty months of litigation. 

Defense of correctional food service provider on claims that they violated the First and Eighth Amendment Rights by placing a substantial burden on inmate's religious practice by refusing to give him a vegan diet and created unconstitutional conditions of confinement by serving him an inadequately nutritious diet.

Defense of tree trimming truck company against wrongful death trucking liability claim. 

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

Affirming trial court’s dismissal of medical malpractice action brought against multiple hospitals and physicians.

The Plaintiff sued a construction company, professional contractors, and its insurer for property damages arising out of an alleged negligent roof installation and/or roof design. We successfully procured a dismissal on behalf of the insurer after briefing a Motion to Dismiss based on the exclusionary language in the policy for a covered cause of loss and a contractually agreed upon timeframe within which a suit could be filed.

Successfully defended chiropractor in a case transferred to us from another firm by our insurer client. After proving that the medical review panel’s negative opinion amounted to negligent billing and record keeping which could not create questions of fact for the jury, the plaintiff dismissed the case while our motion for summary judgment was pending and 1 month before the trial.

Medical negligence and constitutional deliberate indifference claims were asserted in connection with the death of an inmate at a county jail.  It was alleged that the inmate developed endocarditis as a result of IV drug use prior to booking and that it was not timely recognized or treated.  After significant discovery, summary judgment was rendered as to all federal claims by the U.S. District Court on behalf of the named medical providers and correctional staff.  An appeal was taken to the U.S. Court of Appeals for the Sixth Circuit, which affirmed. 

Successfully defended trampoline park against claim of injury on premises.

Successfully defended Auto-Care Center against negligence claim.

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.

Motion for summary judgment granted in favor of our short-term rehabiliation center client against employee claims of race discrimination.

Motion for summary judgment granted in favor of our manufacturing and distribution logistics client against Title VII violation claims of racial discrimination and retaliation. 

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.

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

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.

Summary judgment granted in favor of construction company on negligence claims and motion in limine granted to exclude the plaintiffs’ experts and strike their report.

Successfully obtained dismissal of Condominium Owners’ Association and property management company. The appellate court upheld the trial court’s decision granting our motion to dismiss filed on behalf of the condo owners’ association and property management company on a homeowner’s counterclaims for wrongful foreclosure, fraud and violations of the fair debt collection practices act.

Kevin Foley, served as local counsel for the Institute for Justice, a non-profit, public interest law firm that protects property rights nationwide, to help Kermit Warren, a hardworking grandfather, recover his life savings wrongfully withheld by the Drug Enforcement Administration.

After obtaining summary judgment that a nurse was not deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery, the judgement was affirmed on appeal.

We defended housing management company against claim of property damage related to stormwater. We obtained a dismissal based on statute of limitations and failure to prosecute.

Defended our client against claims of lock-out/tag-out, guarding, and e-stop regulations violations.