- Year: 2019
- Dec 20, 2019Delaware County, IN
Trial defense of claims of medical malpractice
- Dec 11, 2019Wood County
Representation of father of deceased at contested hearing regarding allocation and distribution of $1.5M proceeds of settlement of medical malpractice action alleging survivorship and wrongful death claims.Favorable Outcome
- Dec 9, 2019Allen County, Indiana
Successful defense of a snow removal company sued after a business invitee slipped and fell on the premises where the company was hired to provide snow removal services.Summary Judgment
- Dec 6, 2019Portage County Municipal Court
Represented Defendant in a case in which Plaintiff alleged that he was falsely accused of menacing and lewd behavior.Dismissal
- Nov 27, 20199th Appellate Dist.
Appeal of trial court’s grant of directed verdict in favor of retailer at trial.Judgment Affirmed
- Nov 19, 2019Huron County, Probate Court
A daughter of the decedent unduly influenced her mother to change her will to benefit only her. We filed a will contest on behalf of the other two daughters of the decedent. After a two day trial, we won a unanimous jury verdict setting aside the invalid will and ensuring that the decedent’s assets would transfer equally to her children, as she had truly intended.Unanimous Jury Verdict
- Nov 18, 2019Franklin
Prosecution of commercial business dispute claim
- Nov 15, 2019Franklin
Defense of nonprofit claim for invasion of privacy and intentional infliction of emotional distress.
- Nov 15, 2019Crawford
Defense of podiatric surgeon medical malpractice claim
- Nov 7, 20196th Cir. Court of Appeals
Appellate court upheld six-figure award of attorney fees and expenses in favor of Defendant in civil rights litigation.Judgment Affirmed
- Nov 4, 2019Cuyahoga County Court of Common Pleas
Granting motion for directed verdict filed on behalf of a title/escrow services company in escrow defalcation case.Motion For Directed Verdict Granted
- Nov 1, 2019Franklin County Court of Common Pleas
Defense of medical malpractice wrongful death claim alleging failure to obtain cardiac workup in hospitalized patient with risk factors for coronary artery disease.
- Nov 2019Cuyahoga County Court, Ohio
Defense of family medicine physician alleging wrongful death/medical negligence for prescribing opiates over many years leading to a 50-year old's death.
- Oct 30, 20195th Dist. Ct. Appeals
Autumn Health Care, et al v. Peoples Bank
Affirmation of trial court's granting of motion for judgment on pleadings and dismissal of all claims against bank-client. Also, reversal of trial court's dismissal of indemnification claim with instructions to the trial court allowing for seeking of judgment in favor for all attorney fees for defense of suit.Judgment Affirmed
- Oct 29, 2019Ohio Industrial Commission
Represented Plaintiff in pursuit of a VSSR award for an occupational accident caused by faulty equipment.Favorable Judgment
- Oct 25, 2019St. Joseph, IN
Defense of claim against two radiologists alleging negligent diagnostic interpretations of a CT and then an ultrasound that caused pain and suffering and an emergent surgery.
- Oct 24, 2019Delaware
Defense negligence claim brought by a Plaintiff who asserted that he sustained injuries while working as an agricultural employee for client. Plaintiff entered into settlement agreement with clients prior to lawsuit being filed which Court found enforceable to preclude claims from being pursued as a matter of law.Order Granting Motion to Enforce Settlement Agreement
- Oct 23, 2019Fairfield
- Oct 23, 2019Cuyahoga
Defense of wrongful death medical malpractice claim in failing to timely diagnose an aortic dissection
- Oct 2019Cuyahoga County
Defense of pain management physician in a medical negligence claim, allegedly leading to catastrophic spinal cord injury.
- Oct 9, 2019DeKalb Superior Court
Defense of defamation, abuse of process, malicious prosecution, and intentional infliction of emotional distress claims.Motion to Dismiss Granted
- Oct 8, 2019Greene
Defense of wrongful death case with strongly disputed liability involving a trucking accident. Last demand was $1 million and plaintiff counsel asked the jury for $3.5 million; final jury verdict was $520,233.Favorable Outcome
- Oct 3, 2019Jennings Superior Court
Defense of skilled nursing home.Motion to Dismiss Granted
- Oct 2, 2019Full Worker's Compensation Board of Indiana
Injured worker appealed negative award that she take nothing away from her application for benefits on the basis that her injuries did not arise out of or were incurred within the course of employment to the 7 members of the Indiana Worker’s Compensation Board.Negative Award Affirmed on Appeal after Oral Argument
- Sep 30, 2019Licking
- Sep 30, 2019Franklin County Court of Common Pleas
Defense of ENT surgeon in case alleging medical malpractice and wrongful death of 37 year old male who died from vertebral artery dissection and stroke following stent and spacer removal after sinus surgery.
- Sep 30, 2019Franklin
Defense of wrongful death medical malpractice claim
- Sep 29, 2019EEOC
Defended logistics company in claim of alleged harassment in retaliation for engaging in a protected activity.Dismissal
- Sep 27, 2019United States District Court for the Southern District of Indiana
Obtained summary judgment on behalf of urologist for who was allegedly deliberately indifferent to a prisoner’s serious medical needs in treating kidney stones on the basis that he was not a state actor acting under the color of law to be liable under Section 1983.
- Sep 26, 2019Ohio Civil Right Commission – Toledo, OH
Represented staffing service company in charge alleging discrimination based on race, sex and retaliation.
- Sep 26, 2019OCRC
Defense of claim against restaurant alleging harassment in retaliation to termination based upon behavior.Dismissal - No Probable Cause
- Sep 26, 2019OCRC
Defense of claim against broadband company by an employee alleging harassment in retaliation for engaging in a protected activity.Dismissal - No Probable Cause
- Sep 24, 2019Toledo
Arbitration defense of alleged food contamination leading to illness
- Sep 19, 20198th Dist. Cuyahoga No. 108077, 2019-Ohio-3774
Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.Judgment Affirmed
- Sep 19, 2019Kentucky Dept. Workers’ Compensation
Claimant alleged both acute injury and cumulative trauma injury to knee. Defense counsel presented testimony from the claims adjuster refuting the claimant’s account and testimony from the treating physician rebutting cumulative trauma claim, resulting in complete dismissal.Claim Dismissed
- Sep 18, 201910th District Court of Appeals/Franklin Co
Williams, et al. vs. American Homes 4 Rent, et al.
Motion for Summary Judgment on mold exposure lawsuit upheld.Motion For Summary Judgment
- Sep 13, 2019Hamilton
Defense of orthopedic medical malpractice claim.
- Sep 5, 2019Hamilton
Defense of medical malpractice claim alleging unnecessary spinal fusion and decompression.
- Sep 5, 2019Cuyahoga
Time-barred legal malpractice complaint dismissed in its entirety following a grant of defendant-attorney’s motion for judgment on the pleadings 171 days after receipt of assignment.Complaint dismissed with prejudice
- Sep 4, 2019U.S. District Court, Southern District of Ohio
Defense of federal civil rights action arising from jail suicide.Summary Judgment Granted
- Sep 4, 2019Trumbull
Defense of negligence claim against a security companyMotion to Dismiss Granted
- Sep 3, 2019St. Joseph, INJudgment for Defendant
- Sep 3, 2019Delaware
Defense of county board against claims of age discrimination, wrongful termination, and intentional infliction of emotional distress
- Aug 27, 2019LickingMotion For Summary Judgment
- Aug 22, 2019U.S. District Court, Northern District of Ohio
Defense of medical malpractice claim against neuroradiologist alleging failure to recognize indications of spinal epidural abscess on MRI.
- Aug 22, 2019Cambridge
Defense of criminal trucking property damage case
- Aug 22, 20198th Dist. Cuyahoga No. 107946, 2019-Ohio-3371
Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.Judgment Affirmed
- Aug 20, 2019Summit
Defense of injury case against hospital.
- Aug 16, 2019Lake Superior Court, INJudgment for Defendant
- Aug 14, 2019Scioto
Defense of commercial premises liability claim and prosecution of claims for contractual indemnification and attorney’s fees
- Aug 14, 2019Scioto
Prosecution of claims for indemnification and attorney fees
- Aug 2019Hamilton County Court of Common Pleas
Obtained dismissal of a malpractice claim at the pleading stage that alleged a failure to properly represent a client in an underlying criminal matter, on the basis that the claim was barred by the one-year statute of limitations.Dismissal of Claim
- Aug 8, 2019Indiana Supreme Court
Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D
Indiana Supreme Court denied transfer upholding the decision by the Court of Appeals affirming a directed verdict in favor of defendant hospital and physician following a jury trial alleging blindness to an infant.Denial of Petition to Transfer
- Aug 8, 2019Lawrence
Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment.
- Aug 7, 2019FINRA Arbitration
Defense of respondent insurance agent from claims of negligence, negligent and fraudulent misrepresentations, and unsuitability.
- Aug 6, 2019Butler County
Obtained Decision and Entry granting summary judgment on a premises liability case with significant injuries.Motion For Summary Judgment
- Aug 2, 2019Lucas
Plaintiff/Appellant appealed a directed verdict dismissing all Defendants as Plaintiff failed to prove both defendants were liable of tortious conduct as required to apply the doctrine of alternative liability.Directed verdict affirmed on appeal
- Aug 1, 2019Cuyahoga - Probate
Represented siblings in will construction/contest lawsuit and declaratory judgment complaint in which motion was filed for removal of Executor, brother of the deceasedFavorable Ruling
- Jul 31, 2019Wood County
Successfully represented creditor in securing summary judgment on plaintiff/creditor’s complaint for the principal and interest due and further securing for creditor an order of summary judgment on counter-claims filed by debtor.Summary Judgment
- Jul 29, 2019EEOC
Defense of employment practices claim
- Jul 26, 2019Lake County
Defense of wrongful death medical malpractice for failure to timely to diagnose necrotizing pancreatitis.
- Jul 26, 2019Sandusky
Defense of premises liability claim.Motion For Summary Judgment
- Jul 23, 2019U.S. Court of Appeals - 7th Circuit
J. Graham, Jr. v. Arctic Zone Iceplex, LLC
Plaintiff appeal adverse trial court judgment in alleged violation of ADA and wrongful termination.Judgment Affirmed
- Jul 16, 2019Kentucky Dept. Workers’ Compensation
Claimant was a 72-year-old woman who had worked as a machine operator for the defendant for 33 years prior to sustaining a work-related hip fracture, requiring surgery and resulting in a claim for PTD benefits. Through effective cross-examination concerning the basis for claimant’s failure to return to work post-surgery, defense counsel limited claim to an award of PPD benefits based on a 2% impairment rating.Partial Disability Award
- Jul 16, 2019Indiana Southern District
Obtained summary judgment on the issue of duty owed by the insured to a delivery truck driver who alleged the carts he was ordered to deliver were negligently packed.Summary Judgment Granted
- Jul 15, 2019Daviess County, Indiana
Dismissal of premises liability claimDismissal
- Jul 9, 2019Richland
Defense of decision by township Board of Zoning Appeals in administrative appeal to the trial courtJudgment Entry affirming zoning decision by the Board of Zoning Appeals
- Jun 28, 2019Kentucky Dept. Workers’ Compensation
In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.Medical Fee Dispute Sustained
- Jun 26, 2019Vinton
Defense of mayor in case involving removal of vehicles and equipment
Successfully briefed and argued appeal of summary judgment on client’s behalf in personal injury claim.Summary Judgment in favor of Defendant
- Jun 20, 2019CuyahogaFavorable Outcome
- Jun 14, 2019Shelby Superior Court
Successfully obtained summary judgment on behalf of an insurance brokerage firm facing claims that they failed to procure, advise, and were otherwise negligent regarding a stop-loss insurance and laser policy for a governmental entity.Summary Judgment Granted
- Jun 11, 2019Lucas
Defense of emergency medicine malpractice claim in 6-day jury trial alleging failure to diagnose soft tissue infection resulting in gangrene, multiple surgeries, and permanent injury.Defense Verdict
- Jun 11, 2019U.S. District Court, Southern District of Ohio
Early dismissal of Vermont based Executor of the Estate in plaintiff’s legal malpractice and conspiracy claim, finding attorney did not avail the privileges and protection of Ohio by participating in disciplinary investigation.Dismissal
- Jun 5, 2019Jefferson County Court of Common Pleas
Defended internal medicine/ attending physician in case alleging wrongful death of 33 year old high school track coach from pulmonary embolus.
- Jun 5, 2019Mahoning County Court of Common Pleas
Plaintiff filed a lawsuit against our insurance agent client, alleging that the insurance agent recommended unsuitable insurance products and committed fraud through alleged misrepresentations and omissions in presenting the products to the client. We successfully defended the insurance agent and obtained a complete dismissal of all claims.
- Jun 3, 2019DelawareSummary Judgment
- Jun 3, 2019Jefferson County Court of Common Pleas
Defense of wrongful death suit alleging failure to adequately treat pulmonary embolism in a 36-year-old man.
- May 30, 2019Hamilton County Superior Court
Plaintiff alleged negligence against the operator of an exercise facility.Summary Judgment Granted
- May 29, 2019Clermont
Defense of fraudulent misrepresentation claim.
- May 22, 2019Morgan County Superior Court (Indiana)
Successfully obtained summary judgment on behalf of an insurance agent and insurance carrier facing claims of negligence and breach of contract, respectively.Summary Judgment
- May 17, 2019Cuyahoga
Defense of legal malpractice claim against appellate attorney alleging a failure to object to the State's submission of inadmissible exhibits into the appellate file.Dismissal of complaint
- May 16, 2019Lorain
Represented professional services assistance program alleged to have violated plaintiff's constitutional civil rights.
- May 16, 2019Cuyahoga
Defense of insurance agent E&O claim arising out of motor vehicle accident.Directed Verdict
- May 13, 2019Trumbull
Represented plaintiff in breach of contract and conversion case against contractor for failing to perform adequate demolition work in a timely manner.Plaintiff Verdict
- May 10, 2019Bedford Municipal Court
Successfully overturned Magistrate’s bench trial verdict awarding Plaintiff full damages, fees, and interest during oral arguments on objections and motion for a new trial. Immediately after, successfully argued for a directed Defense verdict based on the first trial’s transcript in lieu of a second trial.Reversed
- May 7, 2019Cuyahoga County
Former client-business owner brought a legal malpractice lawsuit against former attorney for alleged deficiencies in the handling of a business dispute and probate matter.
- May 2019Boone County, KY
Summary Judgment granted in Boone County Kentucky Circuit Court on claims of fraud and negligence asserted against real estate agent for failure to disclose mold contamination.Summary Judgment Granted
- Apr 29, 2019Wood
Plaintiff/Appellant claimed she slipped and fell on spilled sour cream in the cooler section at Dollar General and incurred injury.Summary Judgment Affirmed on Appeal
- Apr 26, 2019OCRC
Represented staffing service company in charge alleging termination as result of a disability.
- Apr 24, 2019Montgomery County-Probate Court
Obtained breach of fiduciary duty verdict against estate executor for failing in her duty to diversify the estate’s assets and prudently invest the same that resulted in fiduciary’s removal.
- Apr 24, 2019Kentucky Dept. Workers’ Compensation
Claimant alleged a work-related shoulder injury resulting in surgery. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account and secured a complete dismissal of the claim.Claim Dismissed
- Apr 22, 2019Allen County, Indiana
Defense of claims of wrongful termination and withholding of compensation
- Apr 16, 2019U.S. Department of Education, Office for Civil Rights
Defense of school district before the U.S. Department of Education, Office for Civil Rights in case involving claims of disability discrimination and retaliation which resulted in a finding of no probable cause and dismissal of the charge.
- Apr 15, 2019Johnson County Superior Court
Plaintiff alleged negligence against a warehousing entity for whom he was performing work on a forklift. Plaintiff was precluded from bringing a claim against the Defendant because it constituted a “joint employer” under Indiana’s Worker’s Compensation Law; thus, Plaintiff’s remedy was limited to worker’s compensation benefits through his staffing agency employer.Motion to Dismiss Granted
- Apr 11, 2019Cuyahoga
- Apr 8, 20196th Cir. Court of Appeals
Powell v. Medical Department Cuyahoga County Correctional Center
Appeal of a civil rights lawsuit against prison healthcare providers.
- Apr 8, 2019
Successfully challenged an ATF effort to revoke clients’ explosives licenses due to a theft and loss of explosives. Represented the clients before the ATF in Washington, D.C. ultimately negotiating a successful resolution for the clients that allowed them to maintain their licenses, avoid revocation / suspension, and avoid the cost of proceeding to an administrative hearing and potential appeal to federal circuit court.
- Apr 4, 2019Dubois Circuit Court
Successfully obtained partial summary judgment on a claim for bailment that a truck servicing center should be liable for tools and equipment that were stolen out of a locked truck on which they had just completed warranty servicing.Partial Summary Judgment Granted
- Mar 28, 2019U.S. District Court for the Southern District of Indiana
Obtained dismissal on behalf of a a broker of disability insurance facing claims of negligent procurement of insurance.
- Mar 27, 2019U.S. District Court, Southern District of OhioSummary Judgment
- Mar 26, 201910th Appellate Dist
Moses McCormick, et al. v. Hsiu Chen Lu, et al.
Defense of a legal malpractice claim with a summary judgment granted at the lower court.Judgment Affirmed
- Mar 20, 2019Summit County
Defense of employment discrimination claim.
- Mar 20, 2019Lake County Superior Court Gary, Indiana
Defense of medical malpractice claim alleging failure to timely diagnose recurrence of cancer.Summary Judgment Granted
- Mar 19, 2019U.S. District Court, Northern District of Ohio
- Mar 18, 2019U.S. District Court, Northern District of Ohio
Granting motion for judgment on the pleadings filed on behalf of county jail medical care provider because deliberate indifference claims brought under 42 U.S.C. 1983 were time barred as a matter of law, and tolling/relation back doctrines did not apply to save Plaintiff's claims.
- Mar 13, 2019Marion County Superior Court, Indianapolis, IN
Plaintiff alleged negligence against our client on the theory of respondeat superior.Summary Judgment Granted
- 20198th District Court of Appeals
Reversing judgment of trial court dismissing plaintiff’s medical malpractice action for lack of an affidavit of merit.Judgment Reversed
- Mar 8, 2019Licking County Court of Common Pleas
Plaintiff filed a lawsuit against our banking client, alleging the bank improperly handled the collection on a loan. We successfully argued that the bank acted properly under the loan documents and applicable law, and obtained complete dismissal of all claims.Motion for Judgment on Pleadings Granted
- Mar 1, 2019Lake County, Indiana Superior Court
The plaintiff claimed that the cardiologist failed to diagnose an acute aortic dissection resulting in her husband’s death. Following a three-week long jury trial with numerous experts, the jury returned a verdict in favor of the defendant cardiologist.
- Feb 27, 2019United States Court of Appeals for the Sixth Circuit
Portia A. Boulger v. James H. Woods
Reminger Obtains Dismissal of Defamation Lawsuit Filed Against Actor James WoodsJudgment Affirmed
- Feb 21, 2019Indiana Court of Appeals
Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D.
Indiana Court of Appeals affirmed judgment in favor of the defendant hospital and physician following a jury trial alleging blindness to an infant.Directed Verdict Affirmed
- Feb 19, 2019Third District Court of Appeals, Union County
E/O Glenna Zellner, v. Prestige Gardens Rehabilitation and Nursing Center, et al
Plaintiff appeal adverse trial court judgment in long term care case based on signed arbitration agreementJudgment Affirmed
- Feb 14, 20196th Circuit Court of Appeals
Joel D. Naselroad v. Dennis Mabry, Mark Craycraft
Appeal of summary judgment in § 1983/personal injury caseJudgment reversed in part and remanded for trial
- Feb 2019Cuyahoga - Probate
Obtained directed verdict against two children who had been disinherited from their mother’s estate and trust after 4 days of jury trial in a high value/high stakes will and trust contest.Directed Verdict
- Feb 11, 2019Hamilton
Obtained summary judgment on behalf of a trampoline park facing claims of negligence and premises liability.Summary Judgment
- Jan 31, 2019Scioto
Defense of individual involving claims of hostile work environment, disability discrimination, and retaliation.
- Jan 25, 2019Cuyahoga
Defense of obstetric medical malpractice claim alleging severe neurologic birth injury
- Jan 19, 20198th Dist. Ct. of Appeals
Terry L. Jochum, et al., v. Ezio Listati, et al.
Plaintiff appealed adverse trial court judgment in defense of legal malpractice claim.Judgment Affirmed
- Jan 10, 2019Mahoning
Defense of claim alleging wrongful death against a nursing home