- Jan 24, 2020Allen, Small claims
Arbitration defense of hospitality discrimination claim
Directed Verdict - Jan 23, 2020Hamilton
Defense of orthopedic medical malpractice claim
Defense Verdict - Jan 23, 2020Marion, Small claims
Arbitration defense of tenant- landlord alleging uninhabitable living conditions
Defense Verdict - Jan 22, 2020Mahoning
Defense of wrongful death of 21 year old mother medical malpractice claim
Defense Verdict - Jan 15, 2020Pulaski County Superior Court
Obtained summary judgment on behalf of insurance agency defending claims of negligent failure to write appropriate insurance.
Motion For Summary Judgment - Jan 2, 20208th Appellate DistJudgment Affirmed
- Jan 1, 2020United States Disctrict Court for the Southern District of Ohio
Defense of catastrophic trucking liability personal injury claim
Defense Verdict - Dec 20, 2019Delaware County, IN
Trial defense of claims of medical malpractice
Defense Verdict - Dec 11, 2019Wood County
Representation of father of deceased at contested hearing regarding allocation and distribution of $1.5M proceeds of settlement of medical malpractice action alleging survivorship and wrongful death claims.
Favorable Outcome - Dec 9, 2019Allen County, Indiana
Successful defense of a snow removal company sued after a business invitee slipped and fell on the premises where the company was hired to provide snow removal services.
Summary Judgment - Dec 6, 2019Portage County Municipal Court
Represented Defendant in a case in which Plaintiff alleged that he was falsely accused of menacing and lewd behavior.
Dismissal - Nov 27, 20199th Appellate Dist.
Appeal of trial court’s grant of directed verdict in favor of retailer at trial.
Judgment Affirmed - Nov 19, 2019Huron County, Probate Court
A daughter of the decedent unduly influenced her mother to change her will to benefit only her. We filed a will contest on behalf of the other two daughters of the decedent. After a two day trial, we won a unanimous jury verdict setting aside the invalid will and ensuring that the decedent’s assets would transfer equally to her children, as she had truly intended.
Unanimous Jury Verdict - Nov 18, 2019Franklin
Prosecution of commercial business dispute claim
Finding For Plaintiff - Nov 15, 2019Franklin
Defense of nonprofit claim for invasion of privacy and intentional infliction of emotional distress.
Defense Verdict - Nov 15, 2019Crawford
Defense of podiatric surgeon medical malpractice claim
Defense Verdict - Nov 7, 20196th Cir. Court of Appeals
Appellate court upheld six-figure award of attorney fees and expenses in favor of Defendant in civil rights litigation.
Judgment Affirmed - Nov 4, 2019Cuyahoga County Court of Common PleasMotion For Directed Verdict Granted
- Nov 1, 2019Franklin County Court of Common Pleas
Defense of medical malpractice wrongful death claim alleging failure to obtain cardiac workup in hospitalized patient with risk factors for coronary artery disease.
Defense Verdict - Nov 2019Cuyahoga County Court, Ohio
Defense of family medicine physician alleging wrongful death/medical negligence for prescribing opiates over many years leading to a 50-year old's death.
Defense Verdict - Oct 30, 20195th Dist. Ct. AppealsJudgment Affirmed
- Oct 29, 2019Ohio Industrial Commission
Represented Plaintiff in pursuit of a VSSR award for an occupational accident caused by faulty equipment.
Favorable Judgment - Oct 25, 2019St. Joseph, IN
Defense of claim against two radiologists alleging negligent diagnostic interpretations of a CT and then an ultrasound that caused pain and suffering and an emergent surgery.
Defense Win - Oct 24, 2019Delaware
Defense negligence claim brought by a Plaintiff who asserted that he sustained injuries while working as an agricultural employee for client. Plaintiff entered into settlement agreement with clients prior to lawsuit being filed which Court found enforceable to preclude claims from being pursued as a matter of law.
Order Granting Motion to Enforce Settlement Agreement - Oct 23, 2019FairfieldJudgment granted on Plaintiff’s punitive damages claim limiting overall damage exposure in an admitted liability case
- Oct 23, 2019Cuyahoga
Defense of wrongful death medical malpractice claim in failing to timely diagnose an aortic dissection
Defense Verdict - Oct 2019Cuyahoga County
Defense of pain management physician in a medical negligence claim, allegedly leading to catastrophic spinal cord injury.
Motion to Dismiss granted. - Oct 9, 2019DeKalb Superior Court
Defense of defamation, abuse of process, malicious prosecution, and intentional infliction of emotional distress claims.
Motion to Dismiss Granted - Oct 8, 2019Greene
Defense of wrongful death case with strongly disputed liability involving a trucking accident. Last demand was $1 million and plaintiff counsel asked the jury for $3.5 million; final jury verdict was $520,233.
Favorable Outcome - Oct 3, 2019Jennings Superior Court
Defense of skilled nursing home.
Motion to Dismiss Granted - Oct 2, 2019Full Worker's Compensation Board of Indiana
Injured worker appealed negative award that she take nothing away from her application for benefits on the basis that her injuries did not arise out of or were incurred within the course of employment to the 7 members of the Indiana Worker’s Compensation Board.
After oral argument, the negative award was affirmed. - Sep 30, 2019LickingMotion for Summary Judgment Granted
- Sep 30, 2019Franklin County Court of Common Pleas
Defense of ENT surgeon in case alleging medical malpractice and wrongful death of 37 year old male who died from vertebral artery dissection and stroke following stent and spacer removal after sinus surgery.
Defense Verdict - Sep 30, 2019Franklin
Defense of wrongful death medical malpractice claim
Defense Verdict - Sep 29, 2019EEOC
Defended logistics company in claim of alleged harassment in retaliation for engaging in a protected activity.
Dismissal - Sep 27, 2019United States District Court for the Southern District of Indiana
Plaintiff, a prison inmate, filed a Section 1983 action against Defendant alleging he was deliberately indifferent to his serious medical needs. Defendant had treated Plaintiff over the course of almost 6 months for large kidney stones. Summary judgment was sought on the basis that he was not a state actor (acting under color of law) and therefore not liable under Section 1983. The Court granted summary judgment—" There is no evidence in the record to indicate that defendant was a state actor when he provided medical services to Plaintiff.”
Motion for Summary Judgment Granted and Plaintiff’s Amended Complaint was Dismissed - Sep 26, 2019Ohio Civil Right Commission – Toledo, OH
Represented staffing service company in charge alleging discrimination based on race, sex and retaliation.
Finding of No Probable Cause/Dismissal - Sep 26, 2019OCRC
Defense of claim against restaurant alleging harassment in retaliation to termination based upon behavior.
Dismissal - No Probable Cause - Sep 26, 2019OCRC
Defense of claim against broadband company by an employee alleging harassment in retaliation for engaging in a protected activity.
Dismissal - No Probable Cause - Sep 24, 2019Toledo
Arbitration defense of alleged food contamination leading to illness
Defense Verdict - Sep 19, 20198th Dist. Cuyahoga No. 108077, 2019-Ohio-3774
Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.
Judgment Affirmed - Sep 19, 2019Kentucky Dept. Workers’ Compensation
Claimant alleged both acute injury and cumulative trauma injury to knee. Defense counsel presented testimony from the claims adjuster refuting the claimant’s account and testimony from the treating physician rebutting cumulative trauma claim, resulting in complete dismissal.
Claim Dismissed - Sep 18, 201910th District Court of Appeals/Franklin CoMotion For Summary Judgment
- Sep 13, 2019Hamilton
Defense of orthopedic medical malpractice claim.
Defense Verdict - Sep 5, 2019Hamilton
Defense of medical malpractice claim alleging unnecessary spinal fusion and decompression.
Defense Verdict - Sep 5, 2019Cuyahoga
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.
Complaint dismissed with prejudice - Sep 4, 2019U.S. District Court, Southern District of Ohio
Defense of federal civil rights action arising from jail suicide.
Summary Judgment Granted - Sep 4, 2019Trumbull
Defense of negligence claim against a security company
Motion to Dismiss Granted - Sep 3, 2019St. Joseph, INJudgment for Defendant
- Sep 3, 2019Delaware
Defense of county board against claims of age discrimination, wrongful termination, and intentional infliction of emotional distress
Motion for Summary Judgment Granted - Aug 27, 2019LickingMotion For Summary Judgment
- Aug 22, 2019U.S. District Court, Northern District of Ohio
Defense of medical malpractice claim against neuroradiologist alleging failure to recognize indications of spinal epidural abscess on MRI.
Defense Verdict - Aug 22, 2019Cambridge
Defense of criminal trucking property damage case
Finding For Defendant - Aug 22, 20198th Dist. Cuyahoga No. 107946, 2019-Ohio-3371
Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.
Judgment Affirmed - Aug 20, 2019Summit
Defense of injury case against hospital.
Defense Verdict - Aug 16, 2019Lake Superior Court, INJudgment for Defendant
- Aug 14, 2019Scioto
Defense of commercial premises liability claim and prosecution of claims for contractual indemnification and attorney’s fees
Motion for Summary Judgment granted for indemnity and attorney’s fees - Aug 14, 2019Scioto
Prosecution of claims for indemnification and attorney fees
Motion for Summary Judgment granted for indemnity and attorney’s fees - Aug 2019Hamilton County Court of Common Pleas
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.
Dismissal of Claim - Aug 8, 2019Indiana Supreme CourtDenial of Petition to Transfer
- Aug 8, 2019Lawrence
Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment.
Dismissal granted - Aug 7, 2019FINRA Arbitration
Defense of respondent insurance agent from claims of negligence, negligent and fraudulent misrepresentations, and unsuitability.
All Claims Dismissed in Their Entirety - Aug 6, 2019Butler CountyMotion For Summary Judgment
- Aug 2, 2019LucasDirected verdict affirmed on appeal
- Aug 1, 2019Cuyahoga - ProbateFavorable Ruling
- Jul 31, 2019Wood CountySummary Judgment
- Jul 29, 2019EEOC
Defense of employment practices claim
No Probable Cause - Jul 26, 2019Lake CountyDefense Verdict
- Jul 26, 2019Sandusky
Defense of premises liability claim.
Motion For Summary Judgment - Jul 23, 2019U.S. Court of Appeals - 7th CircuitJudgment Affirmed
- Jul 16, 2019Kentucky Dept. Workers’ Compensation
Claimant was a 72-year-old woman who had worked as a machine operator for the defendant for 33 years prior to sustaining a work-related hip fracture, requiring surgery and resulting in a claim for PTD benefits. Through effective cross-examination concerning the basis for claimant’s failure to return to work post-surgery, defense counsel limited claim to an award of PPD benefits based on a 2% impairment rating.
Partial Disability Award - Jul 15, 2019Daviess County, Indiana
Dismissal of premises liability claim
Dismissal - Jul 9, 2019Richland
Defense of decision by township Board of Zoning Appeals in administrative appeal to the trial court
Judgment Entry affirming zoning decision by the Board of Zoning Appeals - Jun 28, 2019Kentucky Dept. Workers’ Compensation
In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.
Medical Fee Dispute Sustained - Jun 26, 2019Vinton
Defense of mayor in case involving removal of vehicles and equipment
Motion for Summary Judgment Granted - Jun 20, 2019CuyahogaFavorable Outcome
- Jun 14, 2019Shelby County, INSummary Judgment
- Jun 11, 2019Lucas
Defense of emergency medicine malpractice claim in 6-day jury trial alleging failure to diagnose soft tissue infection resulting in gangrene, multiple surgeries, and permanent injury.
Defense Verdict - Jun 11, 2019U.S. District Court, Southern District of Ohio
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.
Dismissal - Jun 5, 2019Jefferson County Court of Common Pleas
Defended internal medicine/ attending physician in case alleging wrongful death of 33 year old high school track coach from pulmonary embolus.
Defense Verdict - Jun 5, 2019Mahoning County Court of Common Pleas
Plaintiff filed a lawsuit against our insurance agent client, alleging that the insurance agent recommended unsuitable insurance products and committed fraud through alleged misrepresentations and omissions in presenting the products to the client. We successfully defended the insurance agent and obtained a complete dismissal of all claims.
Motion for Summary Judgment Granted - Jun 3, 2019DelawareSummary Judgment
- Jun 3, 2019Jefferson County Court of Common Pleas
Defense of wrongful death suit alleging failure to adequately treat pulmonary embolism in a 36-year-old man.
Defense Verdict - May 30, 2019Hamilton County Superior Court
Plaintiff alleged negligence against the operator of an exercise facility.
Summary Judgment Granted - May 29, 2019Clermont
Defense of fraudulent misrepresentation claim.
Defense Verdict - May 22, 2019Morgan County Superior Court (Indiana)
Successfully obtained summary judgment on behalf of an insurance agent and insurance carrier facing claims of negligence and breach of contract, respectively.
Summary Judgment - May 17, 2019Cuyahoga
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.
Dismissal of complaint - May 16, 2019Lorain
Represented professional services assistance program alleged to have violated plaintiff's constitutional civil rights.
Court Granted Motion for Judgment on Pleadings in Favor of Client - May 16, 2019Cuyahoga
Defense of insurance agent E&O claim arising out of motor vehicle accident.
Directed Verdict - May 13, 2019Trumbull
Represented plaintiff in breach of contract and conversion case against contractor for failing to perform adequate demolition work in a timely manner.
Plaintiff Verdict - May 10, 2019Bedford Municipal CourtReversed
- May 7, 2019Cuyahoga County
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.
Obtained full dismissal by way of offensive motion for judgment on the pleadings - May 2019Boone County, KY
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.
Summary Judgment Granted - Apr 29, 2019WoodSummary Judgment Affirmed on Appeal
- Apr 26, 2019OCRC
Represented staffing service company in charge alleging termination as result of a disability.
Finding of No Probable Cause/Dismissal - Apr 24, 2019Montgomery County-Probate CourtMotion For Summary Judgment Granted
- Apr 24, 2019Kentucky Dept. Workers’ Compensation
Claimant alleged a work-related shoulder injury resulting in surgery. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account and secured a complete dismissal of the claim.
Claim Dismissed - Apr 22, 2019Allen County, Indiana
Defense of claims of wrongful termination and withholding of compensation
Defense Verdict - Apr 16, 2019U.S. Department of Education, Office for Civil Rights
Defense of school district before the U.S. Department of Education, Office for Civil Rights in case involving claims of disability discrimination and retaliation which resulted in a finding of no probable cause and dismissal of the charge.
Finding of No Probable Cause - Apr 15, 2019Johnson County Superior Court
Plaintiff alleged negligence against a warehousing entity for whom he was performing work on a forklift. Plaintiff was precluded from bringing a claim against the Defendant because it constituted a “joint employer” under Indiana’s Worker’s Compensation Law; thus, Plaintiff’s remedy was limited to worker’s compensation benefits through his staffing agency employer.
Motion to Dismiss Granted
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