- Mar 29, 2022Lucas County
Defense of medical malpractice claim arising from medical care of COVID-19 patient.
Motion for Judgment on the Pleadings Granted - Mar 25, 20227th District Court of Appeals
Defense of claim alleging negligence on premises of big box retailer.
Motion for Summary Judgment Affirmed - Mar 24, 2022Cuyahoga County
Defense of alleged negligent collection of urine to pass drug test leading to a deadly traffic accident.
- Mar 2022U.S. District Court, Northern District of Ohio
Dismissal of 1983 Claim against the judge who ordered a spectator to drug test, and then threw her in jail for refusing to take the test.
Dismissal - Mar 14, 202211th Appellate District
Affirming trial court’s dismissal of claims against a mental health provider.
Judgment Affirmed - Mar 14, 20223rd Appellate Dist.
Affirming trial court’s dismissal of slip and fall lawsuit.
- Mar 10, 2022Summit County
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.
Dismissal - Mar 10, 2022Hamilton County Common Pleas Court
Successfully defended large retailer against claim of traumatic brain injury on premises.
Dismissal - Mar 10, 2022Cuyahoga County Probate Court
Successfully represented client in will contest case, obtaining a 7-1 jury verdict after four days of trial and thirty months of litigation.
- Mar 1, 2022Indiana Southern District
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.
- Mar 1, 2022Hamilton County Court of Common Pleas
Obtained a dismissal of a lawsuit filed against financial advisor/insurance agent and financial services company for alleged breach of fiduciary duty, fraud, and breach of contract.
Dismissal - Feb 25, 2022Mercer
Defense of tree trimming truck company against wrongful death trucking liability claim.
Motion For Summary Judgment - Feb 17, 2022Van Wert CountyDefense Verdict
- Feb 17, 2022United States District Court, Western District of Kentucky
Motion to Dismiss granted on claim for legal malpractice involving an underlying domestic relations case.
Motion to Dismiss Granted - Feb 16, 20226th Circuit Court of Appeals
Affirming trial court’s dismissal of medical malpractice action brought against multiple hospitals and physicians.
Dismissal Affirmed - Feb 15, 2022Taylor County
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.
Dismissal - Feb 14, 2022Elkhart Superior Court
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.
Dismissed by Plaintiff - Feb 10, 20226th Circuit Court of Appeals
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.
Summary Judgment Granted - Feb 9, 2022Federal District Court, Western District of Kentucky
Successfully defended trampoline park against claim of injury on premises.
Unanimous Defense Verdict - Feb 7, 2022Butler County
Successfully defended Auto-Care Center against negligence claim.
- Jan 25, 2022Lake County Court of Common Pleas
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.
Summary Judgment Granted - Jan 11, 2022Cuyahoga County Court of Common Pleas
Motion for summary judgment granted in favor of our short-term rehabiliation center client against employee claims of race discrimination.
- Jan 6, 2022United States District Court for the Eastern District of Michigan
Motion for summary judgment granted in favor of our manufacturing and distribution logistics client against Title VII violation claims of racial discrimination and retaliation.
- Jan 6, 2022FINRAClaims Dismissed
- Dec 21, 2021Court of Appeals, Cuyahoga County, Eighth Appellate District
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.
Summary Judgment Affirmed - Dec 15, 2021Ohio Supreme Court
Defended an attorney against claims of misconduct from former clients. Represented attorney before both Disciplinary Counsel and the Supreme Court of Ohio.
- Dec 6, 2021Franklin County Court of Common Pleas
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.
- Nov 16, 2021Cuyahoga County Court of Common Pleas
- Nov 16, 2021Cuyahoga County Court of Common Pleas
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.
Summary Judgment Granted - Nov 8, 2021U.S. Court of Appeals, Sixth CircuitDecision Affirmed
- Nov 1, 202112th District Court of Appeals
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.
Dismissal - Oct 28, 2021U.S. District Court for the Southern District of Ohio, Eastern Division
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.
Dismissal with Prejudice - Oct 20, 2021Seventh Circuit Court of Appeals
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.
- Oct 14, 2021US District Court, Southern District of Indiana, Indianapolis Division
- Oct 13, 2021Ironton Municipal Court, Small Claims Division
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.
Dismissal - Oct 8, 2021Ohio Industrial Commission
Defended our client against claims of lock-out/tag-out, guarding, and e-stop regulations violations.
- Oct 6, 2021Cuyahoga County Probate Court
- Sep 15, 2021Indiana Southern District
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.
Summary Judgment Granted - Sep 9, 2021Portage County, Ohio Probate Court
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.
Unanimous Jury Verdict - Sep 9, 2021U.S. District Court for the Northern District of Ohio, Western Division
Defense of claim alleging negligence resulting in knee injury on premises of big box retailer.
Summary Judgment Granted - Sep 2, 2021Indiana Southern District
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.
Summary Judgment Granted - Aug 31, 2021Court of Appeals, Ashland County, Ohio, Fifth Appellate District
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.
Affirmed - Aug 30, 2021U.S. District Court, Northern District of Ohio
Defense of an attorney-trustee in trust lawsuit. The Federal Court dismissed the Plaintiff’s federal lawsuit on res judicata grounds.
Dismissal - Aug 30, 2021Seventh Circuit Court of Appeals
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.
- Aug 23, 2021Allen County, Indiana
Represented mental healthcare provider in professional liability claim.
Dismissed with prejudice - Aug 20, 2021U.S. District Court, Southern District of Ohio
Race discrimination, retaliation, and First Amendment retaliation case filed in federal court against a school district and several administrators.
- Aug 20, 2021U.S. District Court for the Western District of Kentucky
Defense of a DNA testing and reporting entity on claims that pre-natal paternity testing results were fraudulently misrepresented to Plaintiff, and related claims for loss of parental consortium on behalf of minor plaintiff. Motion for Judgment on Pleadings was granted in favor of client on all claims, as Plaintiffs’ claim for fraudulent misrepresentation was not plead with sufficient particularity, and claim for loss of parental consortium did not exist under applicable law.
Motion for Judgment on the Pleadings Granted - Aug 19, 2021
Obtained a determination of no probable cause in client’s favor against allegations of race discrimination.
- Aug 17, 2021U.S. District Court for the Southern District of Ohio, Western Division
Summary judgment granted in favor of a mobility company on negligence claims.
Summary Judgment Granted - Aug 16, 2021Cuyahoga County Court of Common Pleas
- Aug 10, 2021Erie County, OhioDefense Verdict
- Aug 5, 2021Fayette Cty., KY Court of Appeals
Defense of a police officer against an abuse of process claim.
Motion For Summary Judgment - Aug 3, 2021Toledo Municipal Court
Defense of nursing home facility against claim of intentional infliction of emotional distress for its efforts to collect on a past-due account.
Summary Judgment Granted - Jul 25, 2021Kentucky Court of Appeals
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.
Reversed and Motion to Dismiss Granted - Jul 23, 2021Ohio Civil Rights Commission, Columbus Regional Office
Obtained a determination of no probable cause in client’s favor against allegations of sex discrimination. Successfully represented client on reconsideration hearing.
- Jul 23, 2021Court of Common Pleas, Fayette County, OhioMotion For Summary Judgment
- Jul 19, 2021Indiana Supreme Court
Represented addiction treatment center in professional liability claim.
Motion For Summary Judgment - Jul 14, 2021U.S. Equal Employment Opportunity Commission, Cincinnati Area Office
Obtained a determination of no probable cause in client’s favor against allegation of disability discrimination based on administration of drug test policy.
- Jul 10, 2021Ohio Attorney General’s Office
Represented client during Ohio Attorney General’s Office investigation concerning charitable spending, obtaining a dismissal of the investigation with a finding of no wrongdoing.
Dismissal - Jul 9, 2021U.S. District Court of Ohio, Northern District, Eastern DivisionSummary Judgment Granted
- Jun 30, 2021Ohio Supreme Court
Obtained Dismissal in Supreme Court Mandamus Action against two Judges over alleged failures to provide a victim statutory rights.
Dismissal - Jun 30, 2021U.S. District Court, Southern District of Ohio, Eastern Division
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.
Motion to Dismiss Granted - Jun 28, 2021Columbus
Represented Plaintiff in pursuit of a VSSR award.
Settlement - Jun 25, 2021Lake County, Indiana
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.
- Jun 25, 2021Ohio Court of Appeals, Sixth District Erie County
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.
Decision Affirmed - Jun 24, 2021Columbiana County Court of Common Pleas
Defense of emergency medicine physician against wrongful death/medical negligence claim.
- Jun 3, 2021Marion Superior Court
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.
Partial Summary Judgment Granted - May 27, 2021Ohio Civil Rights Commission, Akron Regional Office
Obtained a determination of no probable cause in client’s favor against allegations of unlawful retaliation.
- May 27, 2021Ohio Civil Rights Commission
Successfully defended client regarding anti-discrimination housing policy.
- May 24, 2021Butler County
Represented auto repair shop in negligence case.
- May 20, 2021Licking County Court of Common Pleas
Defense of police department against sexual harassment claim.
- May 18, 2021Richland
Defense of medical malpractice claim involving the negligent insertion of a Foley catheter and catheter guide which led to bladder perforation and permanent injury.
Defense Verdict - May 18, 2021Grant County, Indiana
Defense of retailer in trip and fall case at distribution center.
- May 12, 2021Detroit, MI
Represented staffing agency in claim of sex discrimination and retaliation.
Dismissal and Notice of Rights - May 10, 2021Detroit, MI
Represented car dealership in charge alleging discrimination based on race, sex and retaliation.
Dismissal and Notice of Rights - May 10, 2021U.S. Equal Employment Opportunity Commission, Cincinnati Area Office
Obtained a determination of no probable cause in client’s favor in defense against allegations of disability discrimination based on reasonable accommodations concerning modifications to employment at the onset of COVID-19 pandemic.
- May 6, 2021Kosciusko County Superior Court
Defense of retailer in trip and fall case.
- May 6, 2021Kosciusko County, Indiana
Defense of retailer in slip and fall case at local store.
- May 5, 2021Kettering
Defended retailer in property damage claim.
- May 4, 2021Coshocton County, Ohio Court of Appeals
Affirming trial court’s dismissal of wrongful death claim filed after the expiration of the medical malpractice statute of repose.
Judgment Affirmed - May 3, 2021Mahoning County Court of Common Pleas
Defense of claim alleging negligence on premises of big box retailer.
- Apr 27, 2021Indiana Court of Appeals
Successful appeal of trial court order denying motion for summary judgment.
Judgment Overturned - Apr 27, 202139th Circuit Court, Lenawee County, MI
Defense of claim of breach of contract and contribution on long-term care contract.
Motion to Dismiss Granted - Apr 21, 2021Iowa District Court, Cherokee County
Plaintiffs filed a lawsuit against our safety compliance consultant client, alleging intentional spoliation of evidence in connection with a workplace injury and workers’ compensation claim. We successfully argued that the consultant acted properly under applicable Iowa law and that Iowa does not recognize a claim for intentional spoliation, and obtained complete dismissal of all claims through a motion to dismiss.
Motion to Dismiss Granted - Apr 21, 2021Ross County Court of Common Pleas
Summary judgment granted in favor of Township Trustees on claims of employment and pay discrimination.
Summary Judgment Granted - Apr 20, 2021U.S. District Court for the Western District of KentuckyMotion For Summary Judgment
- Apr 13, 2021Mahoning County Court of Common Pleas
Defense of behavioral health facility medical malpractice claim.
Motion to Dismiss Granted - Apr 13, 2021Ohio Department of Job and Family Services
Obtained a disallowance of unemployment compensation in client’s favor against former employee who was terminated with just cause.
- Mar 31, 2021U.S. District Court, Northern District of OhioDismissal of All Claims
- Mar 26, 2021Iowa District Court, Buchanan County
Plaintiff filed a lawsuit against our insurance and financial services client, alleging misrepresentation of policy coverage related to a motorcycle. We successfully argued that our client acted properly under applicable Iowa law, and obtained complete dismissal of all claims through the granting of our motion for summary judgment.
- Mar 19, 2021Lake County Court of Common Pleas
Represented urologists in a case involving complications with a penile implant surgery.
- 6th Circuit Court of Appeals
Reversing judgment of district court granting summary judgment in favor of defendants and remanding to state court.
Judgment Reversed - 6th Circuit Court of Appeals
Affirming judgment of district court granting summary judgment in favor of defendant corporation on plaintiff’s breach of contract, unjust enrichment, and promissory estoppel claims.
Judgment Affirmed - 6th Circuit Court of Appeals
Affirming judgment of district court entering a jury verdict in favor of defendant medical provider and professional corporation on plaintiff’s claims for medical negligence and related claims.
Judgment Affirmed - 6th Circuit Court of Appeals
Affirming judgment of district court granting summary judgment to defendant medical providers on claims of medical malpractice and constitutional violations.
Judgment Affirmed - 6th Circuit Court of Appeals
Affirming judgment of district court granting summary judgment in favor of defendants on legal malpractice claim.
Judgment Affirmed - 6th Circuit Court of Appeals
Affirming judgment of district court dismissing plaintiff homeowners claim of inhabitability.
Judgment Affirmed - Ohio Supreme Court
Determining that, in those cases where an intentional act is substantially certain to cause injury, determination of an insured's subjective intent, or lack of subjective intent, is not conclusive of the issue of coverage).
- Ohio Supreme Court
Holding that federally mandated MCS-90 endorsement to a commercial trailer's policy obligated the insurer to indemnify the driver and owner of the tractor.
- Mar 12, 2021
Holding that parents have the authority to bind their minor children to exculpatory agreements in favor of volunteers and sponsors of nonprofit sport activities.
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