Results

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.

Defended restaurant against smail claims action.

Secured the dismissal of the Ohio Civil Rights Commission’s probable cause finding and claims of disability discrimination against a restaurant which the government investigated then brought on behalf of a former chef.

Obtained defense verdict in favor of a neurosurgeon accused of performing an unnecessary spinal surgery.

Secured summary judgment in favor of a gas station in a lawsuit concerning allegations of negligent training and supervision.

The court granted our petition for preliminary determination and motion for summary judgment in favor of our allergist client on a statute of limitations issue regarding a minor with a non-latent disease.

Obtained jury verdict in favor of insurer in coverage claim.

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

After taking over a business dispute for prior counsel, we represented an international freight forwarding company that was involved in transporting goods from the Los Angeles Port to various locations across the country. After a dispute arose between our business-client and its client, this lawsuit was filed, which involved claims by our client for breach of its contract and non-payment, as well as numerous counterclaims alleging approximately $500,000 in damages. We successfully obtained a judgment in favor of the client for more than $200,000 and assisted in obtaining a complete dismissal of all counterclaims.

Defended dentist office against claims that they created substandard dentures.

Plaintiff filed a dental malpractice action on behalf of her daughter. A bench trial was conducted, which resulted in judgment for the defense. Plaintiff appealed as a matter of right, and the appeal was dismissed with prejudice due to the Plaintiff’s flagrant non-compliance with appellate rules and procedure.

Claimant was seeking permanent total disability benefits as a result of a knee injury resulting in a total knee replacement. She alleged her knee condition developed as a result of cumulative trauma from standing on a factory floor, depressing a machine pedal, and pivoting as she moved parts on and off her machine. Counsel presented testimony from a co-worker that the claimant described an acute injury to her knee occurring at home over the weekend prior to her presentation at work with a noticeable limp, and cross-examined the claimant’s treating physician, who retreated from his causation opinion in light of the testimony from the co-worker and other relevant facts not previously presented to him by the claimant. The matter was submitted for determination and the judge dismissed the claim in its entirety, finding no work-related injury occurred.

Less than five months after legal malpractice case filed, all claims dismissed against attorney and law firm based on the legal malpractice statute of repose and statute of limitations.

Defense verdict on behalf of a pain management physician accused of over prescribing controlled substances.

The Sixth Circuit Court of Appeals affirmed the grant of a motion for summary judgment on qualified immunity for several police officers who entered an individual’s property without a warrant while accompanying firefighters investigating a water leak on a neighboring property.

Obtained summary judgment in favor of an interventional cardiologist and their practice group in a medical malpractice case.

In a contentious legal malpractice case alleging numerous allegations about representation, obtained summary judgment and dismissal  of all claims in favor of attorney and her law firm.

Successfully represented a landowner on a pipeline right of way claim

Obtained affirmance by the Indiana Supreme Court granting a dismissal of their client, a remediation contractor in Indianapolis. The contractor disposed of a 12-tray food-grade dehydrator–the subject of a product liability claims against the manufacturer which was the primary culprit in burning down a house on Halloween in 2019. The Indiana Supreme Court found that the circumstances did not implicate any duty on the remediation company to preserve the dehydrator. This was the first time that the Indiana Supreme Court has ever addressed whether third-party spoliation is a viable claim in Indiana. 

Obtained Rule 12 dismissal on behalf of Ohio attorneys and their law firm in omnibus civil lawsuit alleging a failure by the clients to defend the plaintiff in separate litigation, succeeding on claims of pleading deficiency and other legal bases.

Motion for Summary Judgment granted in favor of a Board of Education, Superintendent, and five former/current Board members. The case involved seven different claims of defamation, slander, and libel, two invasion of privacy claims, an intentional infliction of emotional distress claim, three different claims of retaliation (First Amendment retaliation, retaliation under Title VII/R.C. Chapter 4112, and retaliation under the Ohio whistleblower statute), and a hostile work environment claim. 

A remediation company in their work on a burnt down house disposed of a dehydrator that was the possible cause of the fire. After disposal and after looking to pursue a product liability action against the dehydrator manufacturer, the insurer for the homeowner brought suit against the remediation company for spoliation. The trial court dismissed the case finding the circumstances do not implicate third-party spoliation. The Court of Appeals in Indiana, after oral argument in May 2023, affirmed the decision. The Supreme Court of Indiana vacated the Court of Appeals opinion, and after oral argument (November 2023), affirmed the decision of the trial court dismissing the case against the remediation company in a 4-1 to decision.

Recovered $660,000 on behalf of our client on allegations that the client’s sibling, a practicing attorney, misused his power of attorney and otherwise unduly influenced their father to cause the disinheritance of our client.

Succesfully defended a former estate administrator against two motions for contempt and also recovered attorneys' fees.

Plaintiff sued our client, a condominium association, along with individual members of the Board, for violations of statutory breach (Ohio’s Condominium Statute), breach of contract, breach of fiduciary duty, and negligence. The claims for statutory breach and negligence were dismissed on summary judgment, and the issues alleged under the breach of contract claim were narrowed. Plaintiff also voluntarily dismissed the claim for negligent infliction prior to trial. After both parties waived the jury trial, the judge issued a thorough decision siding with Defendants on all claims. 

Received Motion for Judgment on the Pleadings of a will contest case and dismissal of Intentional Interference with an Expected Inheritance (IIEI) claim.

Obtained summary judgment in favor of the Clifton Club and Clifton Park Trustees. Plaintiff cliamed that the trustees breached their fiduciary duties by allowing access to Clifton Club Members in a manner that exceeded the usage of the homeowners in Clifton Park.

Motion to dismiss granted in favor of trust company and portfolio manager involving claims of insider trading issues, trading in thinly traded securities, and other Trust & securities issues.

Summary judgment granted in favor of a financial institution in a case arising from a dispute between an investment advisory firm and one of its representatives. Plaintiff asserted that our client tortiously interfered with the contract between the firm and its representative, and was seeking seven-figure damages. The Court agreed that Plaintiff failed to establish that there was a genuine issue of material fact as to our client's conduct, and therefore ruled in favor of our client.  

Summary judgment in favor of employer against claims for racial discrimination in violation of the Kentucky Civil Rights Act, Intentional Infliction of Emotional Distress, and Breach of Implied Contract/Detrimental Reliance. Defendant secured summary judgment on the grounds that the record is devoid of any evidence establishing discriminatory intent and that there existed ample legitimate, non-discriminatory reasons for the termination of Plaintiff’s employment.

Obtained defense verdict in favor of a critical care physician.

Appellate court affirmed dismissal of legal malpractice case against counsel based upon finding that criminal indictment was sufficient to put plaintiff on notice of potential claims.

Defended big box retailer against negligence claims of a woman claiming she was injured due to a defective tile seal and/or missing grout in the store. The court entered its Order sustaining the retailer's objections to a Sham Declaration and Improper Demonstrative Evidence as well as granting the retailer’s Motion for Summary Judgment and entering a full dismissal with prejudice.

Summary judgment granted in favor of the School District’s Board of Education, administrators, and employees on multiple federal claims, including alleged violations of Title IX, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act, as well as alleged violations of the plaintiff’s constitutional rights. 

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.

Defense of premises liability claim for personal injuries resulting from tripping over an open and obvious hazard in the store.

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.

Summary judgment granted in favor of an attorney and his law firm. The attorney was accused of legal malpractice regarding his representation of his client who was the wife that had a business dispute with her husband’s family-owned business. The wife claimed over six figures in damages against the attorney and filed the legal malpractice suit as the power of attorney for her husband. There was little case law as to the applicability of the attorney-client relationship when a power of attorney is involved in this scenario and also where the wife was trying to state claims that as a spouse she had standing and privity to bring the legal malpractice claim and how the statute of limitations applied as a result. The trial court initially agreed that the case was barred by the statute of limitations granting judgment on the pleadings in favor of our clients. However, this was then reversed and remanded as the appellate court ruled there were sufficient allegations in the pleadings to state a claim. After discovery, Andy and Melany won again as they filed a motion for summary judgment which the trial court granted holding that the claims were barred by the statute of limitations and the wife lacked standing as a spouse and also under the power of attorney to bring her claim.   

Motion to dismiss granted in case involving negligence and assault claims against retailer and their security guard.

Summary Judgment granted in favor of mechanical and electrical construction, industrial and energy infrastructure, and building services company regarding property damages arising out of a water leak event in a commercial building.

Plaintiff filed a small claims action for dental malpractice against a dental group and dentist for alleged substandard treatment related to dental work performed on their son. During trial, at the close of Plaintiff’s case, Nick moved for a directed verdict based on the Plaintiff’s failure to provide any expert testimony that Defendants treatment fell below the standard of care. The Court denied the motion, and Nick tried the remainder of the case. At the conclusion of trial, Nick renewed his Motion, and after taking the matter under advisement for nearly two months, the Court ultimately granted judgment in favor of the Defendants.

Motion for summary judgment affirmed in workers' compensation case.

Plaintiff attempted to move to vacate the Court’s grant of dismissal with prejudice to our big-box store client. Plaintiff’s theory for vacating a judgment was that his lack of timely response to a dispositive motion was due to excusable neglect.  We opposed the motion and the Court upheld its prior ruling, strongly adhering to the excusable neglect standard in Ohio and demonstrating Plaintiff was not entitled to such significant relief. The court agreed and upheld the judgment, preserving the case law on the issue.   

Represented a well-known Cleveland law firm and lawyer in a legal malpractice case and obtained dismissal of all claims against the firm and the attorney.

Obtained defense verdict in a medical malpractice trial involving the death of a 39-year old woman.

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.

Motion to dismiss granted in favor of a city police department based on the Indiana Tort Claims Act’s immunity provision which provides immunity for enforcing or failing to enforce the law. The Court of Appeals affirmed dismissal. 

Defended farm equipment dealership in a products liability suit. Plaintiff was injured when a tractor he was operating flipped over while driving along a hill at his farm. Plaintiff blamed a negligently designed tire and rim. Plaintiff sued the tractor manufacturer, the company that made the tires, and our client, the dealership. Our client was dismissed on summary judgment as the Plaintiff had waived any breach of warranty claim against the dealership upon execution of the sale documents. All warranty claims transferred to the manufacturer at that point. Summary judgment was upheld on appeal by the Kentucky Court of Appeals, and subsequent review by the Kentucky Supreme Court was denied.

Defense of administrative appeal of municipality’s conditional use permit.

United States Court of Appeals for the Sixth Circuit affirmed trial court’s dismissal of various claims sounding in discrimination and wrongful discharge.

Obtained defense verdict in favor of a physician assistant in a case involving treatment for carpal tunnel syndrome causing an alleged permanent nerve injury.

Obtained defense verdict in favor of an orthopedic surgeon accused of negligence in causing an arterial injury during a total knee replacement. Additionally, plaintiffs claimed our client was delayed in diagnosing and arranging treatment post-operatively.

Obtained defense verdict in favor of urologist. Plaintiff alleged that defendant was negligent during penile implant surgery.

Obtained summary judgment in favor of divorce attorney in a legal malpractice case.

Defended roofing and siding company against claims of violations of the Consumer Sales Practices Act, Home Construction Service Act, Home Solicitation Sales Act, negligence, breach of contract and unjust enrichment. 

Successfully represented a client in a dispute against a university foundation over the right to receive residue from a trust. After overcoming summary judgment, we negotiated settlement for our client to receive a sizeable inheritance from his aunt’s trust where he otherwise would have been cut out entirely.

Obtained defense verdict in favor of chiropractor. Plaintiff alleged that they suffered a cervical herniation and fracture as the result of negligent chiropractic care.

Plaintiff sued for premises liability and filed within statute of limitations but failed to properly serve big box store for over a year, which entitled defendant to a dismissal with prejudice under the civil rules.

Defended bog box retailer against a customer's claims of negligent infliction of emotion distress and intentional infliction of emotional distress based upon witnessing a self-harm incident at the store while present as a contractor supplier.

Motion for Summary Judgment granted in favor of jail medical providers where defendants demonstrated that plaintiff could not prove deliberate indifference claims under Section 1983 related to care provided to plaintiff while incarcerated.

Obtained a defense verdict in favor of airline in a small claims trial.

Defended mental health practice againstclaims of breached confidentiality.

Obtained summary judgment in favor of winery, dismissing plaintiff’s negligence claims with prejudice. 

A quarry owner and asphalt producer directed our blasting contractor client to conduct blasting within 20-25 feet of its asphalt plant, with knowledge that the blasting activity conducted there would present a risk to the plant. When the plant was damaged from blasting activities, it sued our client, claiming that the contractor should be strictly liable. We argued that strict liability should not apply to these circumstances, because the stated rationale for applying strict liability is to blasting cases is to protect innocent third parties who do not benefit from the blasting activities, which does not apply to these facts. The trial court agreed and the Court of Appeals upheld the decision.

Obtained summary judgment in favor of attorney.

Arbitration for recovery of PIP benefits arising out of an alleged commercial motor vehicle collision.

Obtained Summary Judgment on behalf of client car dealership and General Manager on customer allegations of race discrimination, breach of Magnuson Moss Warranty Act, and breach of the Indiana Deceptive Practices Act.

Represented client in FINRA arbitration to expunge defamatory statements from a Form U5 termination notice. The arbitration panel ordered that all negative references be expunged from our client’s record and also awarded a partial reimbursement of attorney fees.

Obtained defense verdict in favor of a primary care physician in a case involving the death of a patient.

Defended nursing services provider against claim of employment discrimination based on sex and pregnancy. Claim was investigated and dismissed by the EEOC.

Represented big box retailer and auto service provider against a complaint for property damages to a vehicle arising out of an allegedly faulty maintenance and oil change. 

Successful defense of employer on all negligence claims arising from a motor vehicle accident in Nelson County.

Plaintiff brought suit against our client property management company and homeowners association alleging that her home was in need of repairs that were to be completed by the homeowner’s association. The Court ruled in the Defendant’s favor based on the business judgment afforded to the homeowner’s association in their bylaws and covenants. The Court also ruled in the Defendant’s favor based on a small claims court inability to award injunctive relief. 

Plaintiff alleged claims of legal malpractice, fraud, civil conspiracy, IIED, and unlawful acts intended to violated plaintiff’s 4th, 5th, and 6th amendment rights related to our client's legal representation of Plaintiff. Plaintiff filed his claims outside of the 1 year statute of limitations for legal malpractice and all related claims were subsumed into the legal malpractice claim and were barred as untimely. 

Obtained summary judgment and appellate win for a physician and surgical group. The physician was accused of negligently reporting elder abuse. Indiana has a statute that creates immunity for such actions in certain circumstances. There is very little case law to explain the scope and exceptions to the immunity. The Trial Court agreed that immunity applied. The plaintiff appealed and the Indiana Court of Appeals affirmed.

Obtained defense verdict in favor of a physician in a case involving significant injuries.

Obtained voluntary dismissal in a commercial litigation matter.

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

Multiple claimants filed charges of unlawful employment discrimination against our client, triggering the EEOC opening an investigation into systemic discrimination. We successfully defended our client through dismissal of the investigation, which spanned over eighteen months.

Obtained a dismissal for a hospital and an orthopedic resident.

Defended big box retailer in slip-and-fall action related to tracked in water hazard at entrance of the store premises. We successfully had a set of requests for admissions deemed admitted by the Court, which negated any claims for alleged negligence or premises liability against the client. Thereafter, we successfully moved for summary judgment, incorporating the admissions of plaintiff that had previously been deemed admitted. The client’s motion for summary judgment was granted, dismissing all claims.

Defended a spine surgeon who allegedly caused brain injury by failing to diagnose a dural tear.

Summary judgment granted in favor of our marine consulting clients with a subsequent award of $25,000 in attorneys’ fees under Ohio’s frivolous conduct statute. Plaintiff appealed to the 6th District court of appeals, and the sanctions award was upheld on appeal.

Secured a dismissal in favor of a township in the Fifth District Court of Appeals. The Plaintiff was injured when they swerved off a county road, which was gravel, onto an embankment. They alleged our client was liable since an employee was operating a tractor that was in the process of grading the road. They claimed our client’s negligent positioning forced them off the road, causing injuries. Below, we secured dismissal in our client’s favor based on political subdivision immunity. The Fifth District affirmed that dismissal on two grounds. First, it held the township employee was engaged in the governmental function of grading the gravel road, which the township was statutorily duty-bound to perform. And second, the employee’s tractor was not an obstruction. As such, the township preserved its entitlement to immunity under R.C. 2744.03.

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 social services organization against claims of violating rights under HIPAA, violating FOIA, making a false police report, and violating civil rights. Plaintiff’s claims were dismissed for failing to state a valid claim as required by the civil rules.  

Obtained dismissal of all professional negligence claims asserted against out-of-state law firm arising from an underlying Colorado workers’ compensation matter.

Obtained summary judgment in favor of local city and police department on Constitutional Rights claims brought under 42 U.S. Code § 1983 based on allegations of deprivation of civil rights stemming from police officer encounter with a citizen.

Motion for summary judgment granted in will contest case.

Obtained motion for judgment on the pleadings on our request to invalidate a quit-claim deed that deprived our client’s interest in the real property he would have otherwise received through the decedent’s Will.  

Obtained defense verdict in a two-day personal injury and UIM jury trial arising from a multi-vehicle collision which involved a fatality.  

Argued a first impression case in front of the Indiana Court of Appeals to uphold the trial court’s determination that strict liability does not apply to our client’s blasting activities, where blasting was conducted in a quarry at the direction of the quarry owner.

Plaintiff claimed negligence causing property damage resulting from a tree being blown over from her neighbor’s property onto her personal vehicle. 

Defended an orthopedic surgeon against claims of negligence in performing including a left hand compartment fasciotomy, decompression of left wrist carpal tunnel, exploration with tagging of lacerated tendons, and left wrist arthrotomy.

Represented a landlord in a dispute with a tenant regarding items allegedly damaged during a flooding event. After initially taking the matter under advisement, the Magistrate denied Plaintiff all relief and dismissed Plaintiff’s complaint with prejudice.