- Year: 2011
- Dec 23, 2011Indianapolis, IN
FINRA Securities Arbitration defense involving claim of unsuitability of variable annuity products to plaintiffs
Award for Defendant - Dec 21, 2011Lucas
- Dec 20, 2011Ohio Supreme Court
State ex rel. Sears Roebuck & Co. v. Industrial Commission
Appellant appeals Industrial Commissions grant of claimants request for payment of medical bills without evidence of relation to injury.
Reversed - Dec 9, 2011Cuyahoga
Defense of dental malpractice claim
- Dec 6, 2011Cuyahoga
Arbitration defense of property damage commercial premise liability claim.
Favorable Outcome - Dec 6, 2011Cuyahoga
Motion for summary judgment was granted in favor of client in employment discrimination case.
- Dec 5, 2011Hamilton
Arbitration defense of property damage trucking liability claim
Plaintiff Verdict - Dec 2011Franklin
Defense of medical malpractice claim involving the death of a physician after oral surgery and loss of airway.
- Nov 16, 2011Cuyahoga County
Defense of architect against professional negligence claim
- Nov 16, 2011Fayette, KY
Defense of admitted trucking liability personal injury claim
Plaintiff Verdict - Nov 14, 2011Drake
Defense of property damage trucking liability claim
Favorable Outcome - Nov 14, 20115th Dist. Ct. Appeals
Berkmyer v. Serra, 2011-Ohio-5901
Affirming early dismissal of malpractice claims against defendant estate planning attorney for lack of privity with contingent beneficiaries.
Subsequent History, cert denied, Supreme Court of Ohio, 131 Ohio St. 3d 1484
Affirmed Early Dismissal - Nov 11, 20112nd Appellate Dist
Charles J. Ozvath v. The Buckeye Union Insurance Company
Defendant appealed adverse trial court’s finding of coverage of duty to defend and attorney fees.
Reversed and Remanded - Nov 8, 2011Fayette, KY
Defense of long term care liability claim
Plaintiff Verdict - Nov 3, 2011Lake
Defense of property damage trucking liability claim
- Nov 3, 2011Lake
Prosecution of property damage trucking liability claim
- Oct 31, 2011Cuyahoga
Defense of wrongful death trucking liability claim.
- Oct 28, 2011Cuyahoga
Defense verdict in favor of oral and maxillofacial surgeon involving infection and osteomyelitis following routine extractions.
- Oct 28, 2011Cuyahoga
Defense of maxillofacial surgical malpractice case.
- Oct 27, 2011Guernsey
Defense of physical therapy malpractice geriatric malpractice claim.
- Oct 25, 20118th Appellate Dist
Fisk v. Rauser & Associates, LPA
Plaintiff appealed trial court judgment in legal malpractice claim
Judgment Affirmed - Oct 2011Lorain
Defense of wrongful death medical malpractice claim involving emergency room medicine
Favorable Outcome - Oct 11, 201111th Appellate DistJudgment Affirmed
- Sep 30, 2011Williams
Defense of auto liability property damage claim
- Sep 29, 20118th Appellate DistSummary Judgment Affirmed
- Sep 21, 2011U.S. District Court, Southern District of Ohio
Motion for summary judgment was granted in favor of client in employment discrimination case.
- Sep 14, 2011Hancock
Defense of medical malpractice claim alleging failure to diagnose massive heart attack in 30-year old.
- Sep 8, 20118th Appellate Dist
Simmons v. Rauser & Associates, LPA
Plaintiff appealed adverse trial court judgment in legal malpractice claim.
Judgment Affirmed - Sep 7, 20119th Appellate Dist.Judgment Affirmed
- Aug 22, 2011Summit
Defense of psychiatric malpractice wrongful death claim
- Aug 17, 2011Allen County, Indiana
Defense of personal injury claim arising from a motorcycle-car accident requiring expert analysis and accident scene reconstruction
- Aug 4, 2011Lucas
Arbitration defense of labor agreement dispute and wrongful termination charge.
- Aug 3, 2011Franklin
Defense of Division of Real Estate professional licensing charge
- Aug 1, 2011Cuyahoga
Defense of probate ownership claim
Plaintiff Verdict - Aug 1, 2011Cuyahoga
Arbitration defense of property damage motor vehicle liability case.
- Jul 29, 201111th Appellate Dist No. 2010-L-075Judgment Affirmed
- Jul 26, 201111th Appellate DistJudgment Affirmed
- Jul 22, 2011Columbiana
Defense of real estate agent E&O claim for property damage arising out of residential purchase.
- Jul 18, 2011U.S. District Court, Northern District of Ohio
Motion for judgment on the pleadings was granted in favor of client in class action legal professional liability claim.
- Jul 15, 2011Columbiana
Arbitration defense of property damage construction case
- Jul 15, 2011Cuyahoga
Defense of construction liability property damage claim.
Plaintiff Verdict - Jul 13, 20115th Appellate Dist
Noel Christian, Admr., et al. v. Wal-Mart Stores East, LP
Plaintiff appealed adverse trial court judgment in wrongful death claim in commercial premises liability.
Judgment Affirmed - Jul 1, 2011Coshocton
Defense of medical malpractice breast cancer misdiagnosis
Plaintiff Verdict - Jun 30, 2011Lucas
Arbitration defense of employment practices liability claim based on discrimination, fraud and breach of contract
- Jun 28, 2011Knox
Defense of wrongful death emergency medicine malpractice claim
Favorable Outcome - Jun 27, 20115th Appellate Dist
Coughlin v. Acock Associates
Motion for summary judgment granted in favor of client was affirmed on appeal in construction case.
Judgment Affirmed - Jun 24, 2011Cuyahoga
Defense verdict in favor of ENT and employer arising out of facelift procedure with alleged cosmetic deformity.
Directed Verdict - Jun 22, 2011Cuyahoga
Prosecution of real estate tax reduction appeal
Favorable Outcome - Jun 20, 2011Hamilton
Defense of medical malpractice wrongful death claim
Favorable Outcome - Jun 20, 201112th Appellate Dist
S. Morris v. Dobbins Nursing Home, et al.
Plaintiff appealed adverse trial court judgment in employment practices liability case.
Judgment Affirmed - Jun 16, 2011Clark
Defense of legal malpractice claim
Directed Verdict - Jun 16, 2011Kentucky Supreme Court
Bailey v. Northpoint Senior Services, 2011 Ky.Unpub. LEXIS 55
Supreme Court affirmed dismissal of workers’ compensation claim based on substantial evidence of prior active condition presented by defense counsel through expert medical opinion.
Dismissal of Claim Affirmed - Jun 13, 2011Lake
Defense of workers’ compensation claim issue of allowance
- Jun 9, 2011Ohio Supreme Court
- Jun 6, 2011FINRA Arbitration
Partial granting of Motion to Dismiss in connection with the defense of a broker-dealer in a FINRA arbitration proceeding
Partial Granting of Motion to Dismiss - May 27, 2011Hancock
Defense of wrongful termination and defamation claim against long-term care facility following allegations of sub-standard nursing care.
Favorable Outcome - May 26, 20118th Appellate DistJudgment Affirmed
- May 25, 2011Lake
Defense of wrongful death emergency medical malpractice claim involving death of subarachnoid hematoma
- May 23, 2011Cuyahoga
Defense of insurance agent E&O claim
- May 20, 2011Franklin
Arbitration defense of property damage commercial premises liability claim
- May 20, 2011Cuyahoga
Arbitration defense of property damage trucking liability claim
Favorable Outcome - May 19, 2011Ohio Civil Rights Investigation
Obtained a finding of 'No Probably Cause' and dismissal of an Ohio Civil Rights Commission investigation of an employment discrimination charge.
- May 18, 2011Supreme Court of OhioReversed
- May 13, 2011Cuyahoga
Defense of post birth trauma case of now 22 year old profoundly debilitated Plaintiff
- May 9, 2011Ottawa
Defense of wrongful death medical malpractice claim
- May 9, 2011Hamilton
Arbitration defense of dental malpractice claim
- May 9, 2011WarrenJudgment Affirmed
- Apr 29, 20116th Appellate Dist
Strozier v. Aurora Child Development Center
Plaintiff appealed adverse trial court judgment in miscellaneous professional liability personal injury claim against Child day care center.
Judgment Affirmed - Apr 22, 2011Lorain
Defense of catastrophic birth injury medical malpractice
Plaintiff Verdict - Apr 18, 2011Franklin
Eminent domain proceedings to value 'taking' of property valuation claim for public utility pipeline easement use
Favorable Outcome - Apr 16, 20116th Appellate Dist
David Woodrow, et al. v. Tom Heintshelm et al.
Plaintiff appealed adverse trial court judgment in legal malpractice claim.
Judgment Affirmed - Apr 15, 2011Supreme Court of Ohio
Disciplinary Counsel v. Stafford
Respondent appeals finding of conduct prejudicial to administration of justice as justified by obstructive discovery.
- Apr 11, 2011U.S. District Court, Northern District of Ohio
Granting defendants partial summary judgment.
Partial Summary Judgment Granted - Apr 8, 2011U.S. District Court, Northern District of Ohio
Motion to dismiss and compel arbitration was granted in favor of client in class action consumer practices case.
- Apr 6, 2011Ashtabula
Plaintiff appealed adverse Court of Appeals decision denying him personal jurisdiction over Defendant.
- Apr 2011Franklin
Defense of medical malpractice claim involving the death of a man from prostate cancer.
- Mar 24, 20118th Appellate Dist
Cincinnati Insurance Co. v. City of Cleveland
Motion for summary judgment granted in favor of opposing party was reversed and remanded on appeal in construction case.
Judgment Reversed - Mar 22, 2011Benton County District Court, Minnesota
Defense of commercial litigation dispute involving hold over rent and alleged claim of damage to premises
Favorable Outcome - 2011Ohio Supreme Court
Holding that an attorney retained by a dissident board member to assist him in temporarily taking control of a corporation could not be sued by the corporation for malpractice, because no attorney-client relationship existed between the attorney and the corporation.
- 2011Ohio Supreme Court
Reversing judgment of appellate court in favor of plaintiff on medical negligence claims, and reinstated verdict of trial court in favor of defendant doctor.
Judgment Reversed - 2011Ohio Supreme Court
Holding that a catastrophically injured claimant was not a third party beneficiary to contract between the utility and the service contractor and therefore could not maintain a tort claim against the service contractor.
- 20118th Appellate Dist
Reversing judgment of trial court in favor of rehabilitation center for a new trial on proximate cause and damages.
Judgment Reversed - 20113rd Appellate Dist.
Affirming judgment of trial court granting summary judgment in favor of defendants on plaintiff’s claims for negligent maintenance and breach of regulations and standards in installing a traffic signal.
Judgment Affirmed - 20118th Appellate Dist
Affirming judgment of trial court granting summary judgment to defendant health care providers on plaintiff’s medical negligence claims.
Judgment Affirmed - Mar 11, 2011Cuyahoga
Defense of catastrophic medical malpractice surgical claim
Plaintiff Verdict - Mar 11, 2011Hancock
Defense of medical malpractice claim involving allegations of mismanaged infection leading to above the knee amputation.
- Mar 11, 2011Hancock
Defense of medical malpractice claim involving above the knee amputation
- Mar 11, 2011Franklin
Prosecution of injunctive action for intellectual property trade name use
Claim granted and Defendant held in contempt - Mar 10, 2011Franklin
Defense of catastrophic and wrongful death medical malpractice claim
- U.S. Supreme Court
Holding that the bona fide error defense in §1692k(c) does not apply to a violation resulting from a debt collector’s mistaken interpretation of the legal requirements of the FDCPA.
- Mar 4, 2011Lake
Defense of governmental liability wrongful death claim involving drowning
Favorable Outcome - Mar 4, 2011Franklin
Arbitration defense of nursing home liability personal injury
Favorable Outcome - Feb 28, 2011Summit
Prosecution of plaintiff personal injury auto liability claim
Plaintiff Verdict - Feb 28, 20113rd Appellate Dist.Judgment Affirmed
- Feb 25, 20111st Appellate DistReversed
- Feb 11, 20116th Appellate DistJudgment Affirmed
- Feb 11, 20118th Appellate DistJudgment Affirmed
- Feb 10, 20118th Appellate Dist
Panzica Construction Co. v. Zaremba, Inc.
Motion to dismiss and compel arbitration was granted in favor of client affirmed on appeal in construction case.
Judgment Affirmed - Feb 7, 20115th Appellate DistJudgment Affirmed
- Feb 3, 2011Clark
Defense of catastrophic medical malpractice
- Feb 1, 2011Cuyahoga
Defense of wrongful death medical malpractice claim
- Jan 21, 2011Cuyahoga
Defense of dental malpractice claim involving alleged development of malocclusion and TMJ following cosmetic restoration.
- Jan 20, 2011Medina
Defense of multiple contractual claims and defense of counterclaims arising from purchase and sale of business
Favorable Outcome - Jan 19, 2011Hamilton
Defense of catastrophic personal injury premises liability claim