- Year: 2012
- Dec 28, 2012Lucas
Successful prosecution of employment/commercial dispute arbitration claim
Finding for Northern Ohio Medical Specialists - Dec 19, 2012Ninth Judicial District Court of Appeals
Rick L. Lamtman v. Barry M. Ward
Affirming Trial Court’s Decision Granting Appellee’s Motion for Summary Judgment
Affirming Trial Court’s Decision Granting Appellee’s Motion for Summary Judgment - Dec 18, 2012Geauga
Defense of orthopedic medical malpractice claim
Defense Verdict - Dec 18, 2012Jefferson, KY
Defense of hospital and nursing medical malpractice claim
Defense Verdict - Dec 14, 2012Detroit, MI
FINRA arbitration defense of financial services professional liability claim
Favorable Outcome - Dec 13, 2012Lucas
Defense of workers’ compensation VSSR violation claim
Finding For Employer - Dec 11, 201210th Appellate DistJudgment Affirmed
- Dec 6, 2012Ohio Supreme Court
Houdek v. ThyssenKrupp
On behalf of employer, obtained Ohio Supreme Court reversal of Court of Appeal decision. Ohio Supreme Court reinstated favorable trial court summary judgment ruling on test of deliberate intent relative to employer intentional tort.
Re-instatement of favorable trial court judgment - Dec 6, 2012Adams
Defense of legal malpractice claim
Motion For Summary Judgment - Dec 5, 2012Warren
Defense of attorney before Board of Commissioners on Grievance & Discipline
Directed Verdict - Nov 30, 2012Franklin
Defense of property damage products warranty lemon law liability claim
Favorable Outcome - Nov 30, 2012Wood
Defense of workers’ compensation claim
Plaintiff Verdict - Nov 30, 20125th Appellate Dist
- Nov 23, 20121st Appellate DistReversed
- Nov 21, 2012Sandusky
Defense of commercial professional services fee dispute
Favorable Outcome - Nov 20, 2012Kenton County, KY
Defense of trucking liability personal injury claim.
Defense Verdict - Nov 19, 2012Boone County, KY
Defense of uninsured motorist personal injury liability claim
Defense Verdict - Nov 15, 2012Lucas
Defense of wrongful death trucking liability claim
Favorable Outcome - Nov 15, 2012Wood
Defense of commercial premises liability claim
Motion For Summary Judgment Granted - Nov 14, 2012Ohio State Medical Board
Defense of state medical board disciplinary charges against client physician
Favorable Outcome - Nov 12, 2012Cuyahoga
Arbitration defense of commercial premises liability
Defense Verdict - Oct 26, 2012Hancock
Defense of wrongful death orthopedic medical malpractice claim.
Defense Verdict - Oct 25, 20128th Appellate Dist
- Oct 19, 2012Hancock
Defense of wrongful death medical malpractice claim alleging negligent administration of medication resulting in asphyxia.
Defense Verdict - Oct 18, 2012Madison County, KY
Defense of liquor liability personal injury and punitive damage claim
Favorable Outcome - Oct 4, 2012Jefferson County Kentucky Circuit Court
Defense of personal injury of multiple property damage claims trucking liability case.
Plaintiff Verdict - Oct 2, 2012Franklin
Defense of surgical medical malpractice claim
Hung Jury - Oct 2, 2012Boone County, KY
Personal injury arising from employment as a pilot for a DHL Contract air cargo company
Motion for summary judgment based upon the up the ladder exclusive remedy pursuant to Kentucky’s Worker Compensation Act - Oct 1, 2012Cuyahoga
Defense of wrongful death medical malpractice.
Defense Verdict - Sep 30, 2012U.S. District Court, Northern District of Ohio
Motion to dismiss was granted in favor of client in defense of a class action legal professional liability claim.
District Court granted Motion to Dismiss all federal claims and remanded state law claims - Sep 27, 20128th Appellate Dist
J. Tomazic v. A. Rapoport, Trustee, et al.
Defendant appealed adverse trial court judgment in probate litigation and removal of trustee
Judgment Affirmed - Sep 27, 20125th Appellate Dist
Nicki Hawkins, et al., v. World Factory, et al.
Plaintiffs appealed adverse trial court judgment in products liability case
Judgment Affirmed - Sep 25, 2012U.S. District Court, Northern District of Ohio
Arbitrator’s ruling denying plaintiff’s motion to proceed on a class basis was affirmed in favor of client.
Arbitrator’s ruling denying plaintiff’s motion to proceed on a class basis affirmed - Sep 21, 2012U.S. District Court, Northern District of Ohio
Motion for judgment on the pleadings was granted in favor of client in defense of a class action legal professional liability claim.
Granted Motion for Partial Judgment on the Pleadings - Sep 20, 201210th Appellate Dist
R. Cotterman v. C. Arnebeck, et al.
Plaintiff appealed adverse trial court judgment in legal malpractice claim
Judgment Affirmed - Sep 17, 2012Marion County, IN
Stonegate Mortgage Corp. v. Gallagher
Obtained dismissal of all claims in a commercial dispute.
Motion for Judgment on the Pleadings granted - Sep 13, 2012Cuyahoga
Defense of D&O, employment practices, and commercial business dispute
Favorable Outcome - Sep 13, 2012Montgomery
Prosecution of arbitration of value reduction for purposes of real estate tax valuation.
Plaintiff's Valuation Awarded - Sep 6, 2012U.S. District Court, Northern District of Ohio
Complaint for recovery of Life Insurance Proceeds allegedly paid in violation of ERISA
Motion to Dismiss Granted as to all Defendants relative to ERISA claims - Sep 6, 2012OCRC
Determination of no probable cause in favor of client in defense of employment discrimination charge.
Finding of no probable cause - Sep 5, 2012Mahoning
Defense of wrongful death medical malpractice claim
Defense Verdict - Aug 31, 2012Fayette Cty., KY Court of AppealsReversed and Remanded
- Aug 23, 20128th Appellate DistReversed and Remanded
- Aug 22, 2012U.S. District Court of Ohio, Northern District
Prosecution of commercial litigation for TRO permanent injunction and damages for trade secrets violation and unfair competition
Finding For Plaintiff - Aug 22, 2012Cuyahoga - Probate
Defense of legal malpractice claim
Motion for Judgment on the Pleadings - Aug 21, 2012Erie
Successful prosecution of appeal of cease and desist order received by client property owner regarding newly issued ordinance on rentals
Finding For Plaintiff and Prohibiting Enforcement of Cease and Desist Order - Aug 2012Butler County
Motion for judgment on the pleadings granted in favor of law firm in legal malpractice action
Motion For Summary Judgment - Aug 17, 2012Cleveland
Defense of EEOC Complaint
Finding of no probable cause - Aug 17, 2012Kentucky Appellate Court
Hunt v. Mubea, Inc., 2012
Claim for occupational hearing loss dismissed after defense successfully challenged opinion of university evaluator that claimant had 17% permanent impairment due to occupational hearing loss.
Claim Dismissed - Aug 16, 2012Mahoning
Defense of legal malpractice claim
Motion for Judgment on the Pleadings - Aug 15, 2012Franklin
Defense of long term care wrongful death negligence case
Favorable Outcome - Aug 14, 20123rd District Court of Appeals
Conway Freight v. R&KTransit, et al., Case No. 15-12-10
Appeal of Trial Court’s grant of Summary Judgment and Declaratory Judgment to Broker by Contract hauler related to insurance coverage and indemnity provisions for property damage
Appeal Dismissed as Non-Final Order - Aug 10, 2012Lucas
Arbitration defense of property damage products liability case
Finding For Defendant - Aug 9, 2012Cuyahoga
Motion for summary judgment was granted in favor of client in defense of commercial litigation claim.
Motion for Summary Judgment in Part - Aug 6, 2012Allen
Defense of medical malpractice laparoscopic hysterectomy
Defense Verdict - Aug 2, 2012Montgomery
Successfully obtained dismissal of appeal filed by employee seeking reversal of Unemployment Compensation Review Commission’s denial of unemployment benefits.
Dismissal of Appeal - Jul 31, 2012Lake
Defense of property damage non-profit D&O liability claim
Plaintiff Verdict - Jul 27, 2012Summit
Defense of wrongful death medical malpractice claim
Defense Verdict - Jul 27, 2012Jefferson, KY
Defense of property and economic damage D&O claim against Trustees of condominium association
Defense Verdict - Jul 24, 2012Portage
Motion to dismiss and compel arbitration was granted in favor of client in class action legal professional liability claim.
Motion to Dismiss and Compel Arbitration granted - Jul 13, 2012CuyahogaTrial Court Granted Defendants Motion for Summary Judgment
- Jul 3, 2012Van Wert County
Trucking property damage claims and cross-claims for indemnity and insurance coverage by contract hauler against broker
Summary Judgment and Declaratory Judgment granted to our client Joseph Cory Holdings (broker) - Jun 29, 20129th Appellate Dist.
Plaintiff appealed adverse trial court judgment in probate will contest action.
Judgment Affirmed - Jun 27, 2012Huron
Defense of claim of trust assets of surviving spouse
Defense Verdict - Jun 22, 2012Stark
Defense of orthopaedic surgical malpractice wrongful death claim
Defense Verdict - Jun 22, 2012South Euclid Small Claims
Defense at Small Claims trial involving claims against sellers real estate agent for alleged failure to protect neighbors property stored at sellers house once sale completed
Finding For Defense - Jun 15, 201211th Appellate Dist
T. Grzely v. M. Lucas-Singer,fka Grzely, et al.
Claimant heir appeals adverse trial court judgment denying life insurance proceeds from decedent
Judgment Affirmed - Jun 12, 2012Clermont
Arbitration Defense of miscellaneous professional liability claim for property damage caused by alleged negligent maintenance.
Finding For Defendant - Jun 7, 2012Hendricks County, IN
Ohio amusement park sued in premises action by an Indiana resident in Indiana.
Motion to Dismiss for lack of personal jurisdiction - Jun 6, 2012Lucas
Defense of wrongful death long term care liability claim
Defense Verdict - Jun 5, 2012Floyd County, KY
Defense of commercial premises liability personal injury claim.
Favorable Outcome - Jun 2012Cuyahoga County Court, Ohio
Defense of emergency medicine/wrongful death case alleging failure to timely diagnose and appropriately flu/sepsis leading to the death of a 30-year old 4 days postpartum.
Defense Verdict - Jun 1, 2012U.S. District Court, Southern District of Ohio
Sec 1983 Civil Rights case involving allegations of excessive force, wrongful arrest, and malicious prosecution.
Motion For Summary Judgment - Jun 1, 2012South Euclid Small Claims
Defense at Small Claims trial involving claims that Wal-Mart sold a defective oil filter
Finding For Defense - May 31, 20128th Appellate Dist
Michael A. Lingo, et al. v. State of Ohio, et al./Thomas E. Day, Jr., Clerk of Court Bedford Muni. Ct., Victoria Dailey, Clerk of Court Chardon Muni. Court, and Lisa Mastrangelo, Clerk of Court of the Willoughby Mun. Court
Whether the named plaintiffs and a class of similarly situated plaintiffs are entitled to declaratory relief, injunctive relief and damages related to alleged overcharged court costs by clerks of court
Reversed and Remanded - May 30, 2012Wood
Defense of breach of insurance contract and bad faith claims relating to two disability income insurance policies.
Motion For Summary Judgment - May 25, 2012Cuyahoga
Defense of emergency medicine wrongful death medical malpractice case
Defense Verdict - May 25, 2012Mahoning
Defense of emergency medicine wrongful death case
Defense Verdict - May 24, 20128th Appellate Dist
CNT Construction Inc., et al. v. Angela Bailey, et al.
Plaintiffs appealed adverse trial court judgment in breach of contract claim
Judgment Affirmed - May 23, 2012Portage
Breach of contract for goods allegedly supplied and not paid for in Bowling Green, KY.
Motion to Dismiss for want of personal jurisdiction - May 23, 2012Lorain
Claims of negligence/breach of fiduciary duty for alleged mishandling of a UTMA account.
Motion To Dismiss - May 18, 2012Hamilton
Defense of DUI Claim
Not Guilty Verdict - May 18, 2012U.S. Sixth Circuit Court of AppealsReversed
- May 15, 2012Fayette County, KY
Defense of product liability personal injury and property damage claim
Defense Verdict - May 11, 2012FINRA Arbitration
Obtained dismissal of all claims in representation of a FINRA registered representative in a FINRA arbitration proceeding.
Motion to Dismiss Granted - May 10, 2012Ohio Supreme Court
Plaintiff v. General Dentist Defendant
Ohio Supreme Court dismissed appeal of judgment favoring defendants in case involving alleged failure to diagnose oral cancer.
Appeal Dismissed - May 4, 2012Cuyahoga
Legal Malpractice
Motion For Summary Judgment - May 3, 201210th Appellate DistJudgment Affirmed
- May 2, 2012Hamilton
Defense of physical fitness products liability personal injury claim.
Favorable Outcome - May 1, 2012Boyd Circuit Court
Wrongful death of an employee while during the course and scope of his employment as a laborer for a construction company conducting bridge construction on an Interstate
Motion to dismiss for all defendants based upon the exclusive remedy of the Kentucky Worker’s Compensation Act and the Up the Ladder Immunity defense for the General Contractor under the act - Apr 24, 201210th Appellate DistJudgment Affirmed
- Apr 20, 2012Sandusky
Allegations of negligence against truck driver for striking and causing damage to low hanging telephone wires.
Summary Judgment - Apr 13, 2012Cuyahoga
Defense of wrongful death medical malpractice claim
Defense Verdict - Apr 12, 2012Franklin
Defense of sports facility commercial premises liability personal injury claim
Summary Judgment - Apr 12, 2012Franklin
Sports facility commercial premises liability personal injury claim
Summary Judgment - Apr 9, 2012Lorain
Defense of ophthalmology medical malpractice claim
Defense Verdict - Apr 6, 2012U.S. District Court, Southern District of Ohio
Defense of legal malpractice claim
Motion for Sanctions Granted - Apr 5, 2012Madison Circuit Court, Richmond, KY
Defense of claims for indemnity in personal injury action.
Summary Judgment For Third-Party Defendant - Apr 4, 2012American Arbitration AssociationFinding For Defense
- Mar 29, 20124th Appellate DistReversed and Remanded
- Mar 28, 2012Cuyahoga
Prosecution of plaintiff employment contract commercial litigation case
Favorable Outcome - Mar 28, 2012Montgomery
Legal malpractice claim for alleged failure to properly advise criminal client of rights during plea stage
Summary Judgment - Mar 27, 20127th Appellate DistJudgment Affirmed
- Mar 21, 2012EEOC
Defense of EEOC Complaint
Finding of no probable cause - Mar 19, 201211th Appellate DistJudgment Affirmed
- Mar 12, 2012Cuyahoga
Defense of wrongful death medical malpractice
Defense Verdict - Mar 12, 2012Court Of Claims
Verdict in favor of client in prosecution of indemnity claim.
Finding for Plaintiff that ODOT was solely liable for Accident - Mar 8, 20128th Appellate Dist
Amir Jamal Tauwab et. al. v. Premier Properties
Plaintiffs appealed adverse trial court judgment in trespass and conversion action
Judgment Affirmed - Mar 8, 2012Cuyahoga
Defense of legal malpractice claim
Summary Judgment - Mar 6, 2012United States Disctrict Court for the Southern District of Ohio
Denial of temporary restraining order and early dismissal of plaintiff’s malpractice claims against attorneys based on lack of privity
Denial of Temporary Restraining Order and Early Dismissal - Mar 1, 201210th Appellate Dist
State Farm Mutual Auto Ins. Co. v. Anders and Celadon Trucking
Trucking company appealed adverse trial court judgment in property damage claim
Judgment Affirmed - Mar 1, 2012American Arbitration Association
Motion to proceed on a class basis was denied in favor of client in class action consumer practices case.
Arbitrator denied Plaintiff's motion to proceed on a class basis - Feb 23, 20126th Circuit Court of Appeals
David M. Schneider v. Michael Hardesty, et. al.
Plaintiff appealed adverse trial court judgment in legal malpractice claim over Utah attorney
Judgment Affirmed - Feb 21, 2012Cuyahoga
Allegations of negligent security consultation purportedly leading to shooting death at apartment complex.
Summary Judgment - Feb 17, 2012Greene
Trial defense of trucking liability property damage
Finding For Defendant - Feb 17, 2012Summit
Motion for summary judgment was granted in favor of client in employment discrimination case.
Summary Judgment in favor of Defendant - Feb 15, 2012Cuyahoga
Motion to dismiss and compel arbitration was granted in favor of client in class action consumer practices case.
Court granted Defendants Motion to Dismiss and Compel Arbitration - Feb 14, 2012Guernsey
Defense of wrongful death general surgical malpractice
Defense Verdict - Feb 12, 2012Lawrence
Car accident claim brought against Defendant Esurance for UM/UIM benefits.
Motion for Summary Judgment based upon Plaintiff's lack of proof of fault upon alleged tortfeasor as a bar to UM/UIM benefits. - Feb 10, 2012Kentucky Appellate Court
O’Neil Dishon, et al. v. Equity One, Inc. and American General Financial Services, Inc.
Plaintiffs appealed adverse trial court judgment in creditor rights and liability claim involving disclosure of liens to borrower.
Judgment Affirmed - Feb 10, 2012Cuyahoga
Defense of legal malpractice claim
Motion For Summary Judgment - Feb 10, 2012Muskingham
Defense of products liability claim
Motion For Summary Judgment - Feb 2012Cuyahoga County Court, Ohio
Defense of wrongful death nursing home/long term care claim.
Defense Verdict - Jan 27, 2012Miami
Defense of insurance coverage bad faith claim
Plaintiff Verdict - Jan 19, 20128th Appellate Dist
Estate of Wood v. Harborside Health Care
Estate of deceased resident appealed adverse trial court judgment in wrongful death for alleged failure to timely diagnose and treat resident’s infection claim.
Reversed - Jan 19, 20128th Appellate Dist
Borsellino, et al. v. Smythe Cramer, et al.
Plaintiffs appealed adverse trial court judgment on Motion for Relief from Judgment.
Affirmed - Jan 19, 20128th District Court of Appeals
Estate of Wood v. Harborside Health Care
Estate of deceased resident appealed adverse trial court judgment in wrongful death for alleged failure to timely diagnose and treat resident’s infection claim.
Trial Verdict Reversed - Jan 18, 2012Cuyahoga
Defense of legal malpractice claim
Finding for Defense on summary judgment - Jan 17, 2012Harrison County
Complaint for damages and enforcement of deed restrictions prohibiting the use of the surface estate for the extraction of oil and gas from adjacent parcels though horizontal fracking techniques
Permanent Injunction granted to our client. Remaining claims are pending before Court. - Jan 13, 2012Fairfield
Prosecution of Plaintiff personal injury construction liability case
Plaintiff Verdict - Jan 12, 2012Pike County, KY
Defense of auto liability personal injury claim
Plaintiff Verdict - Jan 12, 20128th Appellate Dist
K. Bonner v. American Bottling Co.
Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter
Summary Judgment Affirmed - Jan 9, 201212th Appellate DistJudgment Affirmed
- Jan 4, 2012Montgomery
Arbitration defense of trucking liability personal injury claim.
Finding For Defense - Jan 4, 2012U.S. District Court, Southern District of Ohio
Defense of title agent E&O Claim
Motion for Judgment on the Pleadings granted