- Year: 2013
- Dec 26, 20138th Appellate DistJudgment Reversed
- Dec 19, 2013Kentucky Supreme CourtAffirmed
- Dec 19, 201310th District Court of Appeals/Franklin Co
Sue Mercer v. Wal-Mart Stores et al.
Plaintiff appealed adverse summary judgment ruling in premise liability case.
Judgment Affirmed - Dec 2013Belmont
Defense of long term care liability claim involving the death of a patient with dementia in assisted living facility who fell into an open elevator during power outage.
Defense Verdict - Dec 4, 2013Trumbull
Plaintiff appealed adverse trial court judgment in legal professional liability claim
Judgment Affirmed - Dec 2, 2013Summit
Defense of wrongful death anesthesia medical malpractice claim
Defense Verdict - Nov 27, 2013Summit
Defense of broker dealer financial services liability claim
Motion to Dismiss Granted - Nov 25, 2013Franklin County Court of Common Pleas
Dismissal of legal malpractice claims
Summary Judgment Granted - Nov 19, 2013U.S. District Court, Southern District of Ohio
Defense of 1983 civil rights claims in using excessive force, illegal seizure and malicious prosecution.
Defense Verdict - Nov 18, 2013Allen
Defense of wrongful death medical malpractice claim
Dismissed during trial with no payment - Nov 18, 2013Lucas
Defense of legal malpractice claim
Motion For Summary Judgment Granted - Nov 18, 2013Mahoning
Arbitration defense of commercial premises liability claim
Finding For Defendant - Nov 15, 2013Franklin
Defense of wrongful death urgent care medical malpractice claim
Defense Verdict - Oct 29, 2013Lucas
Defense of pharmaceutical malpractice wrongful death claim
Summary Judgment Granted - Oct 24, 2013Cuyahoga
Defense of broker in financial services liability claim
Motion to Dismiss Granted - Oct 18, 2013Summit
Defense of catastrophic fractured skull and brain injury baby claim
Defense Verdict - Oct 11, 20136th Circuit Court of AppealsJudgment Affirmed
- Oct 11, 2013U.S. District Court for the Western District of Kentucky; U.S. Court of Appeals for the Sixth Circuit
Declaratory Judgment action seeking determination of no-coverage under Commercial General Liability and Excess Policy
Motion for Summary Judgment granted; Appeal to Sixth Circuit Court of Appeals affirmed - Oct 11, 2013United States Disctrict Court for the Southern District of Ohio
Compelling disclosure of alleged attorney-client communications under crime-fraud
exception to attorney-client privilege and expanding application of doctrine - Oct 10, 2013Cuyahoga
Defense of dental malpractice case involving allegations of damaged enamel secondary to prolonged orthodontic care.
Defense Verdict - Oct 2, 2013U.S. District Court, Southern District of Ohio
Holding that petitioner company is the alter ego of defendant and denying petitioner’s ancillary petition in forfeiture proceedings.
- Sep 30, 20139th Appellate Dist.Judgment Affirmed
- Sep 25, 2013Clark
Workers’ Comp allowance of appeal defense for ACL tear of left knee
Defense Verdict - Sep 24, 201310th Appellate DistJudgment Affirmed
- Sep 24, 2013Cuyahoga
Defense of DHHS investigation of alleged HIPAA privacy violations
No Action Taken - Sep 24, 2013Cuyahoga
Defense of DHHS investigation of alleged HIPAA privacy violations
No Action Taken - Sep 20, 2013Portage
Defense of orthopedic surgery rotator cuff and bicep tendon tear medical malpractice claim
Defense Verdict - Sep 19, 2013Cuyahoga
Defense of medical malpractice alleged nerve injury surgery claim
Defense Verdict - Sep 19, 2013Huron
Trial Defense of workers’ compensation allowance claim
Defense Verdict - Sep 18, 2013Hamilton
Defense of alleged violation of nursing home resident rights under ORC §3721.13
Motion For Summary Judgment Granted - Sep 17, 2013Cuyahoga
Defense of DHHS investigation of alleged HIPAA privacy violations.
No Action Taken - Sep 13, 20136th Appellate DistJudgment Affirmed
- Sep 12, 2013Lorain
Defense of orthopedic medical malpractice claim
Motion For Summary Judgment Granted - Sep 10, 2013MahoningMotion For Summary Judgment Granted
- Sep 5, 2013Lucas
Defense of catastrophic neurologist medical malpractice claim
Defense Verdict - Sep 4, 2013Morgan
Defense of legal professional liability claim
Motion for Judgment on the Pleadings granted - Sep 3, 2013Franklin
Defense of group removal protest for self-insured employer as well as Bureau’s Order of combination of self-insured’s risk policies
Finding For Defendant - Aug 30, 2013Franklin
Defense of trucking admitted liability personal injury claim
Favorable Outcome - Aug 30, 2013FINRA
FINRA Arbitration defense of securities broker dealer
Favorable Outcome - Aug 26, 20139th Appellate Dist.Judgment Affirmed
- Aug 23, 20131st Appellate DistJudgment Affirmed
- Aug 23, 2013Richland
Defense legal malpractice claim
Summary Judgment Granted - Aug 22, 2013Cuyahoga
Medical Malpractice
Motion to Dismiss Granted with Prejudice - Aug 21, 2013Henry
Defense of legal malpractice claim
Motion For Summary Judgment Granted - Aug 15, 20136th Circuit Court of AppealsJudgment Affirmed
- Aug 9, 2013U.S. District Court, Northern Ohio
Motion for judgment on the pleading was granted in favor of client in defense of a class action legal professional liability claim.
Motion for Judgment on the Pleadings granted - Aug 6, 2013Mahoning
Arbitration defense of property damage miscellaneous professional liability claim
Directed Verdict - Aug 2, 2013U.S. District Court for the Western District of Kentucky
Class action claims for agricultural nuisance and product liability
Motion to Decertify Case as Class Action (granted) - Aug 1, 2013Lorain
Arbitration defense of commercial premises liability personal injury claim
Defense Verdict - Jul 31, 2013Cuyahoga
Defense of property damage excess & surplus risk claim
Defense Verdict - Jul 29, 2013Lake
Defense of declaratory judgment action for denial of coverage
Finding for Motorists Mutual - Jul 2013Cuyahoga County Court, Ohio
Defense of obstetric malpractice claim involving catastrophic injury to newborn.
Resolved During Trial - Jul 12, 2013U.S. District Court for the Eastern District of Kentucky
Breach of fiduciary duties under ERISA
Motion For Summary Judgment Granted - Jul 11, 20135th Appellate DistReversed
- Jul 9, 2013Cuyahoga County
Defense of legal malpractice claim
Motion for Summary Judgment Granted - Jul 2, 2013Stark
Defense of claimed delay diagnosis of breast cancer medical malpractice
Defense Verdict - Jul 2013Lake County Court, Ohio
Defense of emergency medicine physician/wrongful death medical negligence claim alleging a failure to timely diagnose and appropriately treat sepsis, purportedly leading to wrongful death.
Resolved during trial - Jun 28, 20139th Appellate Dist.
Granger v. Auto Owners, Inc.
Plaintiff appealed adverse trial court judgment in professional liability claim
Reversed - Jun 27, 20138th Appellate DistJudgment Affirmed
- Jun 27, 201310th Appellate DistJudgment Affirmed
- Jun 24, 20134th Appellate DistJudgment Affirmed
- Jun 20, 2013Belmont
Defense of improper inspection and service to vehicle
Summary Judgment - Jun 14, 2013Cuyahoga
Defense of improper design of a sanitary sewer system causing erosion to property
Summary Judgment - Jun 11, 2013Jefferson County, KY
Defense of breach of contract against homeowners’ association
Summary Judgment - Jun 10, 2013Jefferson County, KY
Arbitration defense of wrongful death hospital liability claim of 62 year old patient
Favorable Outcome - Jun 10, 2013Franklin
Obtained directed verdict at trial dismissing property damage claims
Bench trial granting judgment as a matter of law and dismissal after Plaintiff’s case-in-chief - Jun 7, 2013Lucas
Defense of OB/GYN medical practice claim claiming failure to timely diagnose post-partum infection resulting in catastrophic injury.
Defense Verdict - Jun 6, 2013Cuyahoga
Arbitration defense of property damages auto liability claim
Finding For Plaintiff - May 28, 2013Mahoning
Legal Malpractice
Summary Judgment Granted - May 22, 2013Summit
Defense of obstetrical malpractice claim involving cerebral palsy birth trauma from alleged delayed delivery
Defense Verdict - May 22, 2013Summit
Defense of obstetrical malpractice claim involving cerebral palsy birth trauma from alleged delayed delivery
Defense Verdict - May 22, 2013Erie
Defense of wrongful death medical malpractice claim involving alleged improper treatment of early stage cervical cancer
Defense Verdict - May 22, 2013U.S. District Court, Northern DistrictSummary Judgment
- May 17, 2013Fayette Cty, KY
Defense of Dram Shop Act claims
Summary Judgment on behalf of Defendants - May 16, 2013Guernsey
Defense of general surgical medical malpractice claim.
Mistrial - May 16, 201310th Appellate DistJudgment Affirmed
- May 9, 2013Greene
Defense of personal injury commercial premises liability claim
Plaintiff Verdict - May 6, 2013Belmont
Defense of wrongful death assisted living facility claim
Favorable Outcome - May 2, 2013Summit
Defense of Legal Malpractice claim
Summary Judgment Granted - Apr 30, 2013Dismissal of Action
Defense of disciplinary action by Certified Financial Planning Board
Chicago, IL - Apr 26, 2013Lorain
Defense and counterclaims of commercial lease dispute
Each party walked away without liability - Apr 24, 2013LakeDefense Verdict
- Apr 22, 2013Hamilton
Defense of multiple commercial claim eviction action
Defense Verdict - Apr 19, 2013Franklin (Industrial Commission)
Workers’ comp administrative prosecution of claim of specific safety requirements violation (VSSR claim)
Plaintiff Verdict - Apr 19, 2013Montgomery
Defense of breach of auto warranty and Lemon Law claim
Defense Verdict - Apr 17, 2013Cuyahoga
Defense of orthopedic medical malpractice claim
Favorable Outcome - Apr 12, 2013U.S. District Court, Northern Ohio
Defense of commercial premises liability matter
Motion For Summary Judgment Granted - Apr 8, 20133rd Appellate Dist.Judgment Affirmed
- Apr 5, 2013U.S. District Court, Southern District of Ohio
Motion for Sanctions granted in legal professional liability case for frivolous claims.
Sanctions Awarded to Defendant after Claims Dismissed - Apr 4, 20138th Appellate DistReversed
- Apr 3, 2013Trumbull
Defense of insurance coverage claim involving damage to insured dwelling during burglary
Judgment on the Pleadings granted - Apr 1, 2013U.S. District Court of Appeals, Sixth Circuit
Jason Milner, et al. v. Robin Biggs, et al.
Plaintiff appealed adverse trial court judgment in legal malpractice case
Judgment Affirmed - Mar 21, 2013U.S. District Court, Southern District of Ohio
Legal Malpractice
Motion to Dismiss Granted - Mar 21, 2013U.S. District Court of Appeals, Sixth CircuitJudgment Affirmed
- Mar 21, 2013U.S. District Court of Appeals, Sixth Circuit
Choices in Community Living, et al. v. Michael Petkus, Jr., et al.
Plaintiff appealed adverse trial court judgment in favor of real estate agent in claim of fair housing act disability discrimination case
Judgment Affirmed - Mar 15, 2013Berea Municipal
Defense of criminal trespass, DUI and related charges
Defense Verdict - Mar 15, 2013Cuyahoga
Defense of municipality
Trial Court Granted Defendants Motion for Summary Judgment - Mar 12, 2013Trumbull
Defense of insurance broker errors and omissions claim
Court granted Motion for Judgment on the Pleadings - 20136th Circuit Court of Appeals
Affirming judgment of district court granting summary judgment in favor of defendants on plaintiff’s 42 U.S.C. § 1983 claims).
Judgment Affirmed - 20138th Appellate Dist
Affirming judgment of trial court granting summary judgment to defendant medical providers on statute of limitations grounds.
Judgment Affirmed - Mar 12, 20136th Appellate Dist
Affirming judgment of trial court finding that the term “non-transient” as used in defendant city’s ordinance was unconstitutionally vague).
Judgment Affirmed - Mar 8, 2013U.S. District Court for the Western District of Kentucky
Class action claims for agricultural nuisance and product liability
Motion For Summary Judgment Granted - Mar 6, 2013Franklin
Defense of sexual harassment in employment and governmental context as well as gender discrimination case
Plaintiff Verdict - Mar 5, 2013Cuyahoga
Motion for summary judgment was granted in favor of client in defense of legal professional liability claim.
Motion For Summary Judgment Granted - Feb 27, 20139th Appellate Dist.Judgment Affirmed
- Feb 27, 2013Ohio Supreme Court
E/O Boyd v. Lourexis, Inc., et al.
Wrongful death plaintiff appealed Court of Appeals decision affirming trial court dismissal of claim of negligent security consultation purportedly leading to shooting death at apartment complex.
Court Denied Jurisdiction - Feb 26, 2013Cuyahoga
Defense of dram shop liability action. Affirming judgment of trial court granting summary judgment to bar owners and operators on plaintiff patron’s negligence claim.
Motion For Summary Judgment Granted - Feb 25, 20137th Appellate DistReversed and Summary Judgment Granted
- Feb 21, 201310th Appellate DistAffirmed
- Feb 20, 2013Franklin
Defense of State Medical Board licensure removal claim.
Favorable Outcome - Feb 19, 2013Rockcastle County, KY
Defense of catastrophic trucking liability case
Plaintiff Verdict - Feb 18, 2013Ohio Supreme CourtJudgment Reversed
- Feb 12, 2013LorainDefense Verdict
- Feb 8, 2013Summit
Defense of products liability Lemon Law case
Defense Verdict - Feb 8, 2013Wayne
Defense of construction design liability claim
Favorable Outcome - Jan 31, 2013Court of Appeals of Ohio Seventh District
Antoine E. Davis v. Plato J. Kalfas
Defense of legal malpractice claim
Appeal Dismissed - Jan 28, 2013Cuyahoga
Prosecution of probate ownership counterclaim
Counterclaimant verdict - Jan 23, 2013Jefferson County, KY
Arbitration defense of wrongful death of long term care claim
Finding For Plaintiff - Jan 22, 2013Franklin
Defense of commercial premises liability claim
Motion For Summary Judgment Granted - Jan 16, 2013CuyahogaTrial Court Granted Defendants Motion for Summary Judgment
- Jan 13, 20139th Appellate Dist.
Heiland v. Smith
Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability claim.
Affirmed in Part, and reversed granting of summary judgment - Jan 11, 2013Venango County, PA
F. Alcorn v. Barleyville United Methodist Church, et al.
Court ruled in favor of Defendant’s Motions for Summary Judgment - Jan 9, 2013U.S. District Court, Northern OhioFiling of 3rd Party Complaint to include direct claims under Inequitable Conduct Theory of Patent invalidity denied