- Year: 2020
- Dec 20, 2020Ohio Supreme Court
Holding that a plaintiff did not need to show that an employee had been adjudicated civilly liable or had been found guilty of a crime in order for the plaintiff to maintain a negligent hiring, retention, or supervision claim against an employer
- Dec 9, 2020Hamilton County, Indiana
Motion to Dismiss granted in a negligence action where Plaintiff alleged he was injured by a lightning strike.Motion to Dismiss Granted
- Dec 3, 20207th Appellate Dist
Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim.Judgment Affirmed
- Dec 1, 2020Allen Circuit Court
Defense of Title VII employment discrimination claim based on race.Motion to Dismiss Granted
- Nov 24, 2020Marion County, IN
Defense negligence claim brought by a Plaintiff who asserted she slipped and fell on a hazardous liquid substance at client’s convenience store.
- Nov 23, 2020Mahoning County Court, Ohio
Defense of worker’s compensation case wherein Claimant filed an appeal to a denial of right ear Eustachian tube dysfunction.
- Nov 23, 202011th Appellate Dist
Plaintiff appealed trial court’s dismissal of plaintiff’s negligence claim against client, determining that plaintiff could not bring a stand alone negligence claim against a liquor-permit holder.Judgment Affirmed
- Nov 18, 2020U.S. District Court, Northern District of Ohio
Motion for summary judgment granted in favor of nursing home against employee claims of age discrimination and retaliation.Summary Judgment Granted
- Nov 18, 20206th Circuit Court of Appeals
Dismissed appeal for lack of jurisdiction because Bankruptcy Appellate Panel’s order remanding for completion of liability phase was not final for purposes of 28 U.S.C. § 158(d)(1).Dismissal
- Nov 6, 2020Cuyahoga County Court of Common Pleas
Plaintiff filed suit for wrongful termination in violation of Ohio’s Whistleblower Protection Act and in violation of public policy, contending her termination was a result of her decision to report a coworker for perceived time theft and inappropriate use of a credit card. In reality, Plaintiff’s position was eliminated as the owners streamlined their operations through digital and technological upgrades. The defense moved for and was granted summary judgment on the grounds that (1) the Ohio Whistleblower Protection Act is meant to protect public, not private, harm; (2) Plaintiff could not establish a prima facie case under the Ohio Whistleblower Protection Act; and, (3) Plaintiff could not establish a prima facie case of wrongful discharge in violation of public policy.
- Nov 5, 2020Hamilton County Superior Court
Plaintiff was employed as a House Manager for Michael Browning and his family (Owner of Browning Investments). Plaintiff claims she was entitled to four weeks of severance pay after she was terminated pursuant to her employment agreement. Defense denied that she was entitled to severance because she was fired for poor job performance, which precluded her entitlement to the severance under the contract. Judge ruled in favor of Defendants and Plaintiff took nothing by way of her Complaint.
- Nov 2, 2020Franklin County Probate Court
Represented an attorney in the defense of a motion to remove him as executor of a substantial estate. Facing serious allegations of attorney client relationship and personal conflicts of interest, after a 2 day bench trial, we successfully defended the case and vindicated the clients reputation.Successful defense of Motion to Remove Executor
- Oct 30, 2020Cleveland Municipal Court, Cuyahoga County
Defense of alleged damages as a result of eviction from residential property.
- Oct 29, 2020Marion County, IN
Summary judgment granted for our client, a Hotel, in a negligence action where Plaintiff alleged that he slipped and fell in the lobby.Summary Judgment Granted
- Oct 28, 2020Cuyahoga County Court of Common Pleas
Granting of Motion for Judgment on the Pleadings and dismissing Plaintiff’s legal malpractice claim on the basis that the attorney-defendant owed no duty to Plaintiff to object to a sentence arising out of a probation violation when Plaintiff committed non-technical violations of her parole.Motion for Judgment on Pleadings Granted
- Oct 22, 2020Eighth Appellate District, Cuyahoga County, Ohio; Cuyahoga County Court of Common Pleas
Defense of pain management physician in a medical negligence claim, allegedly leading to a spinal cord injury.
- Oct 13, 2020United State District Court for the Southern District of Ohio Eastern Division
Defense of company in store security case. Motion for summary judgement granted in favor of company after Plaintiff alleged that the company did not protect her from an assault.Summary Judgment
- Oct 13, 2020Allen County Court of Common Pleas
Defense of claim alleging negligence to properly maintain store entrance from accumulation of ice and snow.Summary Judgment
- Oct 13, 2020United States District Court for the Northern District of Ohio
Plaintiff Beneficiary has been litigating for years in state court over Plaintiff’s parents’ estate plan with varied results. Presumably dissatisfied with the rulings in state probate court, Plaintiff tries to bring new suit against Trustee in Federal Court which has limited subject matter jurisdiction. Trustee client successfully moved the Court to abstain or defer to multiple state court proceedings where all parties represented before a single probate judge. Federal Court stayed proceedings before it pending outcome of state probate and appellate matters.Motion to Dismiss Granted
- Oct 13, 2020Marion Superior Court
Successfully obtained summary judgment for life insurance agency for failing to procure and maintain life insurance for the plaintiff’s deceased husband based on the expiration of the statute of limitations.Summary Judgment Granted
- Oct 2020U.S. District Court for the Southern District of Indiana
Plaintiff alleged that he sustained injury after he slipped and fell in a bathtub.Summary Judgment Granted
- Oct 1, 2020Cass County Superior Court
Defense of premises liability personal injury claim.Motion to Dismiss Granted
- Sep 30, 2020U.S. District Court, Southern District of Indiana
Obtained summary judgment on behalf of nurse who was alleged to have been deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery.
- Sep 30, 202011th Appellate Dist
Plaintiff appealed granting of dismissal based on statute of limitations.Judgment Affirmed
- Sep 29, 2020
Defense of a police excessive force case.Summary Judgment Granted
- Sep 20201st Appellate Dist
Summary Judgment victory for professional massage studio on claims of negligent hiring and training. Summary Judgment was upheld on appeal by the First Appellate District.Summary Judgment Granted
- Sep 2020Hamilton County Court of Common Pleas
Motion to dismiss granted in Hamilton County Court of Common Pleas on claims for legal malpractice that were barred by the statute of limitations.Motion to Dismiss Granted
- Sep 24, 2020Hamilton County Municipal Court
Defense of property damage claim arising from claimed homeowner negligence.
- Sep 23, 2020Columbiana County Court of Common Pleas
Defended insurance company in alleged wrongful termination in violation of public policy. The Court granted summary judgment finding no violation occurred.Summary Judgment Granted
- Sep 22, 2020Hamilton County Municipal Court
Defense of claim alleging that a homeowner failed to properly secure "portable garbage" to the ground, resulting in property damage.
- Sep 17, 20208th Appellate Dist
Appealed trial court judgment dismissing school board’s claim regarding sharing of tax revenue.Judgment Reversed and Remanded
- Sep 14, 2020Morrow
Defense of employment discrimination case.Dismissal
- Sep 11, 2020Montgomery County Common Pleas
Plaintiff underwent two level lumbar spine fusion performed by our neurosurgery client and subsequently claimed unremitting permanent pain from a cage/ spacer migrating into her spinal canal. Plaintiff claimed neurosurgeon failed to timely order appropriate tests and perform subsequent surgery to remove the cage, causing it to be permanently located in the spinal canal, resulting in permanent severe pain and disability.
- Sep 9, 2020United States District Court Northern District of Ohio (Eastern Division)
Motions for judgment on the pleadings granted for employer and co-worker in a lawsuit filed by a former employee alleging sixteen counts ranging from age discrimination and retaliation, to fraud, negligence, spoliation, and various statutory and constitutional claims related to her termination after plaintiff was surreptitiously recorded by an employee while engaged in inappropriate conduct (which the plaintiff denied was her).
- Sep 9, 2020Sixth Appellate District, Lucas County, Ohio
Landmark decision on ability of government employees to contract with their employer. Represented Spencer Township in appeal to reverse a judgement regarding a breach of contract on behalf of a terminated Fire Chief. The Court found that the contract was null and void and not enforceable and judgment was entered in favor of the Township.Judgment Reversed
- Sep 3, 2020Mansfield Municipal Court
Plaintiff’s premises liability claim dismissed against retailer for damages incurred as a result of striking pothole in parking lot.Dismissal
- Sep 2, 2020Washington
Summary judgment granted in favor of school district, administrators, and teachers on negligence claims involving an individualized education plan, supervision, and staffing levelsSummary Judgment Granted
- Aug 26, 20205th Dist. Ct. Appeals
Summary judgment on gender discrimination and retaliation claims upheld involving a female police officer who was terminated at the end of her training phaseSummary Judgment Granted
- Aug 21, 20206th District Court of Appeals
A defendant appealed the unanimous jury verdict which overturned the decedent’s last will and testament. The appellate court, in a unanimous decision, found there was ample evidence at trial supporting a finding that the will was the product of undue influence. As a result, our clients will share equally in their mother’s estate.
- Aug 18, 2020U.S. District Court for the Southern District of Indiana
Successfully obtained summary judgment on behalf of insurance company regarding coverage dispute.Summary Judgment Granted
- Aug 6, 2020U.S. District Court, Southern District of Ohio
Granting defendant summary judgment on plaintiff’s claims for declaratory judgment, breach of contract, and bath faith.Summary Judgment Granted
- Aug 2020Marion County, IN
Plaintiff alleged that she sustained water damage to her basement as a result of construction (storm drainage) work performed in the neighborhood by construction company.Directed verdict for the defendants
- Jul 2020Cuyahoga County Court, Ohio
Defense of neurointerventional radiologist alleging negligence in treatment of a stroke.
- Jul 23, 2020Knox County
- Jul 23, 2020Ohio Supreme Court
Holding that a post-verdict juror letter could not be considered when ruling on a motion for a new trial because the letter evidenced a statement concerning a matter about which the juror was precluded from testifying under Evid.R. 606(B), and it could not be used to impeach the verdict.
- Jul 2020Ohio Industrial Commission
Claimant sought VSSR award as a result of a forklift incident. The claim for additional benefits was denied after hearing, as was a motion for rehearing. No mandamus appeal.
- Jun 30, 20206th Appellate Dist
Plaintiﬀ appealed granting of summary judgment in claimed employment discrimination based on disability and retaliation for request an accommodation.Judgment Affirmed
- Jun 29, 2020Court of Appeals of Indiana
Plaintiff was a patron at Cooper’s Hawk Restaurant. She slipped and fell while exiting the women’s restroom. Compound fracture of her ankle. The issue on appeal was whether or not the trial court errored in denying Cooper’s Hawk’s motion for summary judgment that Cooper’s Hawk had no actual or constructive knowledge of any dangerous condition that Plaintiff alleged caused her fall and that Plaintiff failed to identify the proximate cause of her injuries. Appellate Court reversed the trial court denial finding that the designated evidence did not show that Cooper’s Hawk had actual or constructive knowledge of any dangerous condition on the floor that could have caused the Plaintiff’s fall.Reversal of Summary Judgment Denial
- Jun 2020Warren County Court of Common Pleas
Motion for Judgment on the Pleadings granted in Warren County Court of Common Pleas for property management company and employees on claims related to wrongful foreclosure on property.
- Jun 23, 2020Lake County
Motion for summary judgment granted in favor of employer against employee claim of wrongful discharge in violation of public policy.Motion for Summary Judgment Granted
- Jun 23, 2020U.S. District Court, Southern District of Indiana
Plaintiff, a prisoner at Wabash Correctional Facility, alleged a Section 1983 claim for a deliberate indifference to his medical needs in violation of the 8th amendment.Summary Judgment Granted
- Jun 22, 20206th Circuit Court of Appeals
The Plaintiff had complained that his civil rights were violated with respect to his medical treatment in jail. The court granted summary judgment finding that he had not met his burden to show that they exercised deliberate indifference in his medical treatmentAffirmation of Summary Judgment
- Jun 18, 2020Cuyahoga County, Probate Court
In a unique question of Ohio and Michigan law, we won summary judgment determining that a will executed, although never probated, in Michigan was not effective to transfer assets out of an Ohio Trust. As a result, our clients inherited a share of their father’s trust rather than it distributing solely to their step-brother.Summary Judgment Granted
- Jun 15, 2020Hamilton County Municipal Court
Defendant mental health services and housing to individuals with mental health issues. Defendant filed an eviction case against the resident Plaintiff for non-payment of rent. Plaintiff filed a pro se Counterclaim alleging entitlement to the security deposit, as well as alleging property damage and physical injury. Eviction was granted and magistrate dismissed Plaintiff's counterclaim.
- Jun 12, 20208th Appellate Dist
Represented an individual Defendant in defense of a will contest. The case was originally dismissed on a motion for summary judgment, then remanded for trial. At the conclusion of Plaintiffs’ case in chief to the Jury, we along with the other defense team members, successfully won a motion for directed. This appeal addressed significant evidentiary issues and, in the process, affirmed the trial court.Motion for Directed Verdict
- Jun 2, 2020U.S. District Court, Southern District of Ohio, Eastern Division
Summary judgment granted in favor of school district on claims of copyright and trademark infringementSummary Judgment Granted
- May 20, 2020
Successfully challenged MSHA citation on behalf of a blasting client, resulting in a reduction of assessed negligence and a significantly reduced fine.
- May 14, 2020Cuyahoga County Probate Court
Obtained partial summary judgment on plaintiffs’ behalves in will-construction claim filed in alternative to a will-contest to determine whether plaintiffs were beneficiaries pursuant to the will’s terms. Court also determined that it would oversee the distribution of the estate to ensure the defendant acts in accordance with the testator’s intent and not in bad faith, with dishonesty, or with improper motive regarding further distributions. The Court also held that plaintiffs did not violate the will’s no-contest clause in pursuing the will-construction claim.
- May 14, 2020United States District Court Northern District of Ohio (Eastern Division)
Granting motion for summary judgment filed on behalf of physician in charge of county jail medical care because plaintiff did not present facts sufficient to the establish the elements of deliberate indifference claims brought under 42 U.S.C. 1983.
- Apr 29, 2020Indiana Court of Appeals
Obtained reversal of trial court’s order denying a motion for leave to file a belated motion to correct error after the intended movant was never given notice of the final dissolution decree. This case was done pro bono.Reversal on Appeal
- Apr 23, 2020Ohio Supreme Court
Ohio Supreme Court answered certified question regarding allocation of insurance proceeds for long-term injuries amongst multiple policy years.Certified Question Answered
- Apr 15, 2020Jefferson County, KY
Obtained a dismissal of a complaint on behalf of an appraiser client in Jefferson County, Kentucky successfully arguing an appraiser hired by the lender owes no duty to the property’s seller.Dismissal
- Apr 6, 202011th Appellate Dist
Long term care litigation addressing applicability of voluntary arbitration agreement.Judgment Affirmed
- Mar 25, 2020U.S. District Court for the Southern District of Indiana
Prosecution of premises liability claim against the U.S. government, resulting in nearly $900,000 award for damages.Plaintiff Verdict
- Mar 17, 2020Franklin County Court of Common Pleas
We represented a family practice physician. Plaintiffs alleged that our client failed to obtain urinalysis and MRI of the cervical neck in a patient with severe neck pain and hypertension. Plaintiff claimed this delayed diagnosis of her multiple myeloma, causing a C5 fracture and permanent spinal cord damage, multiple spine surgeries and permanent bowel and bladder incontinence. Plaintiff also claimed she is permanently confined to a wheelchair. Jury returned a unanimous verdict on favor of our client on standard of care.
- Mar 17, 2020Indiana Court of Appeals
Defense of a nursing home when plaintiff appealed adverse trial court order enforcing arbitration.Judgment Affirmed
- Mar 13, 2020Hamilton County Common Pleas Court
- 2020Ohio Supreme Court
Holding that an action based upon a charging lien was an in rem proceeding against a particular fund and that when a matter was resolved through a settlement, the fund came into being at the time the settlement was paid and the release was received.
- 202011th Appellate District
Affirming judgment of trial court granting summary judgment in favor of defendant medical provider on plaintiff’s claims for lack of informed consent and medical battery.Judgment Affirmed
- Mar 11, 2020Fayette County, KY
Defense of apartment complex premises liability claim.
- Mar 6, 2020Clermont
Defense of breach of contract claim against mass merchandiser.
- Mar 6, 2020United States District Court Northern District of Ohio (Eastern Division)
Defense of police chief and captain against Fourteenth Amendment claim that the police department failed to adequately investigate the circumstances of the death of Plaintiff’s family member.Motion for Judgment on the Pleadings
- Mar 3, 2020Delaware
Defense of board of education and individual coaches against claims of negligence related to injury during track and field practice
- Feb 28, 2020Summit County
Medical malpractice wrongful death claim involving death of a 44-year-old woman from a liver abscess following an appendectomy.
- Feb 28, 20206th Appellate Dist
Dr. Kirk Halliday v. The Board of Directors of the Mental Health and Recovery Board
of Erie and Ottawa Counties, et al.
Plaintiff appealed adverse trial court judgment in defamation claimJudgment Affirmed
- Feb 27, 2020Vigo County Superior Court
Plaintiff alleged negligence against our client after she fell on a gravel sidewalk.Summary Judgment Granted
- Feb 25, 2020Belmont County Common Pleas
Defense of plastic surgeon in case alleging failure to appropriately perform breast reconstruction, resulting in multiple further surgeries
- Feb 20, 2020Warren
The Court found that the condition (a box) was open and obvious and as such, defendant had no duty to warn related to it. The Court also briefly discussed the lack of notice as additional grounds to support summary judgment.
- Feb 20, 2020Delaware
Defense of pharmacy at small claims trial resulting in dismissal of the claimsDismissal
- Feb 10, 2020Kentucky Dept of Workers Claims
Claimant was seeking permanent income and medical benefits following a work-related lumbar strain and eventual lumbar fusion. Through diligent investigation into the claimant’s intervening activities, including a subsequent lumbar injury with another employer, defense counsel limited the award to temporary income and medical benefits already paid, avoiding liability for the fusion surgery and related impairment.
- Feb 6, 2020Jefferson County
Defense of slip and fall case against restaurant in small claims court alleging negligence in snow and ice removal.Dismissal
- Feb 5, 20209th Appellate Dist.
Medical malpractice litigation addressing application of statute of limitations in foreign body claim.Judgment Affirmed
- Feb 4, 2020Marion County Superior Court, Indianapolis, IN
Defense of claim alleging negligence to properly maintain sidewalks and warn plaintiff of a dangerous condition.Dismissal
- Feb 2, 2020Indiana Southern District/Seventh Circuit Court of Appeals
After obtaining summary judgment on the issue of duty regarding a delivery truck driver for a contractor who alleged the insured negligently packed the cart to be delivered to its store, the judgment was unanimously affirmed on appeal after oral argument.
- Jan 24, 2020Allen, Small claims
Arbitration defense of hospitality discrimination claimDirected Verdict
- Jan 23, 2020Hamilton
Defense of orthopedic medical malpractice claim
- Jan 23, 2020Marion, Small claims
Arbitration defense of tenant- landlord alleging uninhabitable living conditions
- Jan 22, 2020Mahoning
Defense of wrongful death of 21 year old mother medical malpractice claim
- Jan 15, 2020Pulaski County Superior Court
Obtained summary judgment on behalf of insurance agency defending claims of negligent failure to write appropriate insurance.Motion For Summary Judgment
- Jan 2, 20208th Appellate Dist
Appellate court affirms trial court’s dismissal of plaintiff’s legal malpractice claim, finding that defendant-attorney exercised sound professional judgment.Judgment Affirmed
- Jan 1, 2020United States Disctrict Court for the Southern District of Ohio
Defense of catastrophic trucking liability personal injury claim