- Jan 20, 20216th Circuit Court of Appeals
First of its kind defense of Prosecutor and Clerk of Courts for publicly making a Plaintiff’s personal driver’s license and date of birth information available.
Motion for Summary Judgment Upheld on Appeal - Jan 5, 2021United States District Court for the Northern District of Indiana
Insurance broker negligent procurement claims related to commercial property coverage prior to substantial fire loss.
Summary Judgment Granted - Dec 3, 20207th Appellate Dist
Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim.
Judgment Affirmed - Nov 18, 2020U.S. District Court, Northern District of Ohio
Motion for summary judgment granted in favor of nursing home against employee claims of age discrimination and retaliation.
Summary Judgment Granted - Nov 5, 2020Hamilton County Superior Court
Plaintiff was employed as a House Manager for Michael Browning and his family (Owner of Browning Investments). Plaintiff claims she was entitled to four weeks of severance pay after she was terminated pursuant to her employment agreement. Defense denied that she was entitled to severance because she was fired for poor job performance, which precluded her entitlement to the severance under the contract. Judge ruled in favor of Defendants and Plaintiff took nothing by way of her Complaint.
Defense Verdict - Nov 2, 2020Franklin County Probate CourtSuccessful defense of Motion to Remove Executor
- Oct 30, 2020Cleveland Municipal Court, Cuyahoga County
Defense of alleged damages as a result of eviction from residential property.
Motion for Summary Judgment Granted - Oct 28, 2020Cuyahoga County Court of Common Pleas
Granting of Motion for Judgment on the Pleadings and dismissing Plaintiff’s legal malpractice claim on the basis that the attorney-defendant owed no duty to Plaintiff to object to a sentence arising out of a probation violation when Plaintiff committed non-technical violations of her parole.
Motion for Judgment on Pleadings Granted - 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.
Dismissal affirmed by Eighth District Court of Appeals - Oct 13, 2020United State District Court for the Southern District of Ohio Eastern Division
Defense of company in store security case. Motion for summary judgement granted in favor of company after Plaintiff alleged that the company did not protect her from an assault.
Summary Judgment - Oct 13, 2020Allen County Court of Common Pleas
Defense of claim alleging negligence to properly maintain store entrance from accumulation of ice and snow.
Summary Judgment - Oct 13, 2020United States District Court for the Northern District of OhioMotion to Dismiss Granted
- Oct 2020U.S. District Court for the Southern District of Indiana
Plaintiff alleged that he sustained injury after he slipped and fell in a bathtub.
Summary Judgment Granted - Sep 30, 2020U.S. District Court, Southern District of Indiana
Plaintiff, a prison inmate, filed a Section 1983 action against nurses at Terre Haute Regional Hospital. After summary judgment was filed, Plaintiff voluntarily agreed to dismiss all the nurses except one. This nurse cared for Plaintiff after his left foot surgery at THRH. Plaintiff alleged that the nurse was deliberately indifferent to his serious medical needs because he was discharged in violation of THRH policy and for not placing a medical shoe on him prior to discharge. Summary judgment was sought, in part, on the basis that the nurse was not deliberately indifferent to Plaintiff’s medical needs. Although the nurse discharged Plaintiff in violation of the hospital policy, Plaintiff did not prove that he was harmed by the premature discharge and that there was no evidence she knew that he would be walking thus negating the need to place a medical shoe on his foot.
Order Granting Plaintiff’s Motions for Leave to File Surreply, Granting Defendants’ Motion for Summary Judgment, and Directing Entry of Judgment - Sep 30, 202011th Appellate Dist
Plaintiff appealed granting of dismissal based on statute of limitations.
Judgment Affirmed - Sep 29, 2020
Defense of a police excessive force case.
Summary Judgment Granted - Sep 20201st Appellate Dist
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.
Summary Judgment Granted - Sep 2020Hamilton County Court of Common Pleas
Motion to dismiss granted in Hamilton County Court of Common Pleas on claims for legal malpractice that were barred by the statute of limitations.
Motion to Dismiss Granted - Sep 24, 2020Hamilton County Municipal Court
Defense of property damage claim arising from claimed homeowner negligence.
Defense Verdict - Sep 23, 2020Columbiana County Court of Common Pleas
Defended insurance company in alleged wrongful termination in violation of public policy. The Court granted summary judgment finding no violation occurred.
Summary Judgment Granted - Sep 22, 2020Hamilton County Municipal Court
Defense of claim alleging that a homeowner failed to properly secure "portable garbage" to the ground, resulting in property damage.
Defense Verdict - Sep 17, 20208th Appellate Dist
Appealed trial court judgment dismissing school board’s claim regarding sharing of tax revenue.
Judgment Reversed and Remanded - Sep 14, 2020Morrow
Defense of employment discrimination case.
Dismissal - Sep 11, 2020Montgomery County Common Pleas
Plaintiff underwent two level lumbar spine fusion performed by our neurosurgery client and subsequently claimed unremitting permanent pain from a cage/ spacer migrating into her spinal canal. Plaintiff claimed neurosurgeon failed to timely order appropriate tests and perform subsequent surgery to remove the cage, causing it to be permanently located in the spinal canal, resulting in permanent severe pain and disability.
Defense Verdict - Sep 9, 2020United States District Court Northern District of Ohio (Eastern Division)Motion for Judgment on the Pleadings granted
- Sep 9, 2020Sixth Appellate District, Lucas County, Ohio
Landmark decision on ability of government employees to contract with their employer. Represented Spencer Township in appeal to reverse a judgement regarding a breach of contract on behalf of a terminated Fire Chief. The Court found that the contract was null and void and not enforceable and judgment was entered in favor of the Township.
Judgment Reversed - Sep 3, 2020Mansfield Municipal Court
Plaintiff’s premises liability claim dismissed against retailer for damages incurred as a result of striking pothole in parking lot.
Dismissal - Sep 2, 2020Washington
Summary judgment granted in favor of school district, administrators, and teachers on negligence claims involving an individualized education plan, supervision, and staffing levels
Summary Judgment Granted - Aug 26, 20205th Dist. Ct. Appeals
Summary judgment on gender discrimination and retaliation claims upheld involving a female police officer who was terminated at the end of her training phase
Summary Judgment Granted - Aug 21, 20206th Circuit Court of Appeals
A defendant appealed the unanimous jury verdict which overturned the decedent’s last will and testament. The appellate court, in a unanimous decision, found there was ample evidence at trial supporting a finding that the will was the product of undue influence. As a result, our clients will share equally in their mother’s estate.
Affirmed Unanimous Jury Verdict - Aug 18, 2020U.S. District Court for the Southern District of Indiana
Successfully obtained summary judgment on behalf of insurance company regarding coverage dispute.
Summary Judgment Granted - Aug 2020Marion County, IN
Plaintiff alleged that she sustained water damage to her basement as a result of construction (storm drainage) work performed in the neighborhood by construction company.
Directed verdict for the defendants - Jul 2020Cuyahoga County Court, Ohio
Defense of neurointerventional radiologist alleging negligence in treatment of a stroke.
Mistrial - Jul 23, 2020Knox CountySuccessful defense of bond forfeiture
- Jul 2020Ohio Industrial Commission
Claimant sought VSSR award as a result of a forklift incident. The claim for additional benefits was denied after hearing, as was a motion for rehearing. No mandamus appeal.
- Jun 30, 20206th Appellate Dist
Plaintiff appealed granting of summary judgment in claimed employment discrimination based on disability and retaliation for request an accommodation.
Judgment Affirmed - Jun 29, 2020Court of Appeals of IndianaReversal of Summary Judgment Denial
- Jun 2020Warren County Court of Common Pleas
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.
Motion for Judgment on the Pleadings - Jun 23, 2020Lake County
Motion for summary judgment granted in favor of employer against employee claim of wrongful discharge in violation of public policy.
Motion for Summary Judgment Granted - Jun 23, 2020U.S. District Court, Southern District of IndianaSummary Judgment Granted
- Jun 22, 20206th Circuit Court of Appeals
The Plaintiff had complained that his civil rights were violated with respect to his medical treatment in jail. The court granted summary judgment finding that he had not met his burden to show that they exercised deliberate indifference in his medical treatment
Affirmation of Summary Judgment - Jun 18, 2020Cuyahoga County, Probate Court
In a unique question of Ohio and Michigan law, we won summary judgment determining that a will executed, although never probated, in Michigan was not effective to transfer assets out of an Ohio Trust. As a result, our clients inherited a share of their father’s trust rather than it distributing solely to their step-brother.
Summary Judgment Granted - Jun 15, 2020Hamilton County Municipal Court
Defendant mental health services and housing to individuals with mental health issues. Defendant filed an eviction case against the resident Plaintiff for non-payment of rent. Plaintiff filed a pro se Counterclaim alleging entitlement to the security deposit, as well as alleging property damage and physical injury. Eviction was granted and magistrate dismissed Plaintiff's counterclaim.
Dismissed Counterclaim in Favor of Defendant - Jun 12, 20208th Appellate Dist
Represented an individual Defendant in defense of a will contest. The case was originally dismissed on a motion for summary judgment, then remanded for trial. At the conclusion of Plaintiffs’ case in chief to the Jury, we along with the other defense team members, successfully won a motion for directed. This appeal addressed significant evidentiary issues and, in the process, affirmed the trial court.
Motion for Directed Verdict - Jun 2, 2020U.S. District Court, Southern District of Ohio, Eastern Division
Summary judgment granted in favor of school district on claims of copyright and trademark infringement
Summary Judgment Granted - May 14, 2020Cuyahoga County Probate Court
Obtained partial summary judgment on plaintiffs’ behalves in will-construction claim filed in alternative to a will-contest to determine whether plaintiffs were beneficiaries pursuant to the will’s terms. Court also determined that it would oversee the distribution of the estate to ensure the defendant acts in accordance with the testator’s intent and not in bad faith, with dishonesty, or with improper motive regarding further distributions. The Court also held that plaintiffs did not violate the will’s no-contest clause in pursuing the will-construction claim.
Granted partial summary judgment - May 14, 2020United States District Court Northern District of Ohio (Eastern Division)
Granting motion for summary judgment filed on behalf of physician in charge of county jail medical care because plaintiff did not present facts sufficient to the establish the elements of deliberate indifference claims brought under 42 U.S.C. 1983.
Motion for Summary Judgment Granted - Apr 23, 2020Ohio Supreme Court
Ohio Supreme Court answered certified question regarding allocation of insurance proceeds for long-term injuries amongst multiple policy years.
Certified Question Answered - Apr 6, 202011th Appellate Dist
Long term care litigation addressing applicability of voluntary arbitration agreement.
Judgment Affirmed - Mar 25, 2020U.S. District Court for the Southern District of IndianaPlaintiff Verdict
- Mar 17, 2020Franklin County Court of Common Pleas
We represented a family practice physician. Plaintiffs alleged that our client failed to obtain urinalysis and MRI of the cervical neck in a patient with severe neck pain and hypertension. Plaintiff claimed this delayed diagnosis of her multiple myeloma, causing a C5 fracture and permanent spinal cord damage, multiple spine surgeries and permanent bowel and bladder incontinence. Plaintiff also claimed she is permanently confined to a wheelchair. Jury returned a unanimous verdict on favor of our client on standard of care.
Defense Verdict - Mar 17, 2020Indiana Court of Appeals
Defense of a nursing home when plaintiff appealed adverse trial court order enforcing arbitration.
Judgment Affirmed - Mar 13, 2020Hamilton County Common Pleas CourtDefense Verdict
- Mar 11, 2020Fayette County, KY
Defense of apartment complex premises liability claim.
Motion For Summary Judgment Granted - Mar 6, 2020Clermont
Defense of breach of contract claim against mass merchandiser.
Defense Verdict - Mar 6, 2020United States District Court Northern District of Ohio (Eastern Division)
Defense of police chief and captain against Fourteenth Amendment claim that the police department failed to adequately investigate the circumstances of the death of Plaintiff’s family member.
Motion for Judgment on the Pleadings - Mar 3, 2020Delaware
Defense of board of education and individual coaches against claims of negligence related to injury during track and field practice
Motion for Summary Judgment Granted - Feb 28, 2020Summit County
Medical malpractice wrongful death claim involving death of a 44-year-old woman from a liver abscess following an appendectomy.
Defense Verdict - Feb 28, 20206th Appellate Dist
Dr. Kirk Halliday v. The Board of Directors of the Mental Health and Recovery Board
of Erie and Ottawa Counties, et al.
Plaintiff appealed adverse trial court judgment in defamation claim
Judgment Affirmed - Feb 27, 2020Vigo County Superior Court
Plaintiff alleged negligence against our client after she fell on a gravel sidewalk.
Summary Judgment Granted - Feb 25, 2020Belmont County Common Pleas
Defense of plastic surgeon in case alleging failure to appropriately perform breast reconstruction, resulting in multiple further surgeries
Defense Verdict - Feb 20, 2020Warren
The Court found that the condition (a box) was open and obvious and as such, defendant had no duty to warn related to it. The Court also briefly discussed the lack of notice as additional grounds to support summary judgment.
Motion For Summary Judgment Granted - Feb 20, 2020Delaware
Defense of pharmacy at small claims trial resulting in dismissal of the claims
Dismissal - Feb 10, 2020Kentucky Dept of Workers Claims
Claimant was seeking permanent income and medical benefits following a work-related lumbar strain and eventual lumbar fusion. Through diligent investigation into the claimant’s intervening activities, including a subsequent lumbar injury with another employer, defense counsel limited the award to temporary income and medical benefits already paid, avoiding liability for the fusion surgery and related impairment.
Dismissal of permanency claim - Feb 6, 2020Jefferson County
Defense of slip and fall case against restaurant in small claims court alleging negligence in snow and ice removal.
Dismissal - Feb 5, 20209th Appellate Dist.
Medical malpractice litigation addressing application of statute of limitations in foreign body claim.
Judgment Affirmed - Feb 4, 2020Marion County Superior Court, Indianapolis, IN
Defense of claim alleging negligence to properly maintain sidewalks and warn plaintiff of a dangerous condition.
Dismissal - Feb 2, 2020Indiana Southern District/Seventh Circuit Court of AppealsAffirmed on Appeal after Oral Argument
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