Results

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.

Successfully obtained summary judgment on behalf of jail doctor who was alleged to have been deliberately indifferent to an inmates serious medical needs by refusing to prescribe him a specific type of nerve medication as well as a desired pain medication.

After Michael Posey’s death in Ohio in 2019, group of his nieces and nephews challenged the validity of his last will and testament that was executed in Maryland in 2004. Reminger represented numerous beneficiaries under the will and defended against Plaintiffs’ claims of permanent insanity, lack of testamentary capacity, and undue influence. As a result of trial and the unanimous jury verdict, the will was upheld as valid and Michael Posey’s last wishes will be honored.

Defense of claim alleging negligence resulting in knee injury on premises of big box retailer.

Successfully obtained summary judgment for contractor of federal prison where she was alleged to have refused emergency care to an inmate based on lack of cause of action under Bivens or otherwise to assert the same.

Defended youth behavioral facility against appeal after the trial court dismissed claims raised by the Ohio Department of Mental Health and Addiction Services for the emergency appointment of a receiver. The appellate court affirmed the original ruling in favor of youth behavioral facility.

Defense of an attorney-trustee in trust lawsuit. The Federal Court dismissed the Plaintiff’s federal lawsuit on res judicata grounds. 

After obtaining dismissal of negligent claims against an insurance agent/broker of disability insurance based contributory negligence pursuant to choice of law and statute of limitations, the judgment was affirmed on appeal after oral argument.

Represented mental healthcare provider in professional liability claim.

Race discrimination, retaliation, and First Amendment retaliation case filed in federal court against a school district and several administrators.

Obtained a determination of no probable cause in client’s favor against allegations of race discrimination.

Summary judgment granted in favor of a mobility company on negligence claims.

Defense of a police officer against an abuse of process claim.

Defense of nursing home facility against claim of intentional infliction of emotional distress for its efforts to collect on a past-due account. 

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 a determination of no probable cause in client’s favor against allegations of sex discrimination. Successfully represented client on reconsideration hearing.

Represented addiction treatment center in professional liability claim.

Obtained a determination of no probable cause in client’s favor against allegation of disability discrimination based on administration of drug test policy.

Represented client during Ohio Attorney General’s Office investigation concerning charitable spending, obtaining a dismissal of the investigation with a finding of no wrongdoing.

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

Plaintiff filed a lawsuit against our investment professional client, asserting various claims arising out of the recommendation of an annuity. We successfully argued the claims were time-barred, and further argued that the Plaintiff failed to state a claim under various securities/criminal statutes. The District Court agreed and dismissed all claims against our client. Additionally, the District Court deemed the Plaintiff a vexatious litigator under Federal law, and enjoined the Plaintiff from filing any new actions unless he sought permission from the Court in advance.

Represented Plaintiff in pursuit of a VSSR award.

Defense of neonatologist in medical malpractice claim alleging breach of standard of care which led to delay in treating necrotizing enterocolitis and bowel perforation in a premature baby.

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.

Defense of emergency medicine physician against wrongful death/medical negligence claim.

Successfully obtained partial summary judgment on “no pay, no play” statute establishing that the plaintiff is only entitled to economic damages arising out of a motor vehicle accident.

Obtained a determination of no probable cause in client’s favor against allegations of unlawful retaliation.

Successfully defended client regarding anti-discrimination housing policy.