Holly Marie Wilson

Fourth Appellate District affirmed the dismissal of legal malpractice claim based upon Ohio’s newly enacted statute of repose.

The Sixth Circuit Court of Appeals affirmed the grant of a motion for summary judgment on qualified immunity for several police officers who entered an individual’s property without a warrant while accompanying firefighters investigating a water leak on a neighboring property.

Appellate court affirmed dismissal of legal malpractice case against counsel based upon finding that criminal indictment was sufficient to put plaintiff on notice of potential claims.

Obtained a judgment in the Sixth Circuit Court of Appeals affirming the Northern District’s dismissal of a slip and fall case involving a Pepsi spill at a Dollar General. The plaintiff alleged that a spill by a Pepsi merchandiser earlier in the day was not properly cleaned by Pepsi or Dollar General, and caused a sticky floor which resulted in her falling. However, the district court dismissed the plaintiff’s claims on summary judgment because the Pepsi merchandiser testified that the spill happened in one area of the store based on pictures and the plaintiff testified that she fell in a different area based on the same pictures.

Successfully appealed trial court's decision regarding a tax revenue sharing agreement between two school districts. 

Successfully defended a Class I Residential Youth Facility in an administrative trial in Columbus, Ohio before the Ohio Department of Mental Health and Addiction Services (ODMHAS), which sought to revoke our client’s license. ODMHAS recommended dismissal of the alleged violations. Instead of having its license revoked as threatened by the State, our client received a recommendation for its renewal, with a notable chastisement of the State, and compliments for the service it provides to the community.

Affirming the trial court’s grant of summary judgment in favor of defendant law firm and individually named attorneys concerning the handling of an underlying complex business dispute and multi-million dollar property transaction.

Court of appeals upheld summary judgment regarding expert witness testimony requirements in legal malpractice matter. 

A published decision affirming the federal district court’s dismissal of a complex legal malpractice claim stemming from the settlement of a state law insurance coverage dispute.

Sixth Circuit Court of Appeals affirmed the district court’s dismissal of Plaintiffs’ federal housing discrimination claims against a condominium association and its individual Board members.

Affirming trial court’s dismissal of claims against attorneys and court personnel stemming from protracted domestic relations and custody dispute.

Affirming trial court’s dismissal of slip and fall lawsuit.

Affirming trial court’s dismissal of claims against a mental health provider.

In a case alleging legal malpractice, case proceeded to bench trial with all claims against the lawyer being dismissed and costs being taxed to the plaintiff.

Affirming trial court’s dismissal of medical malpractice action brought against multiple hospitals and physicians.

Affirming trial court’s grant of summary judgment in favor of condominium association and individually-named Board members against breach of contract, breach of fiduciary duty and breach of Ohio Condominium Law case.

Defended an attorney against claims of misconduct from former clients. Represented attorney before both Disciplinary Counsel and the Supreme Court of Ohio.

Defended youth behavioral facility against appeal after the trial court dismissed claims raised by the Ohio Department of Mental Health and Addiction Services for the emergency appointment of a receiver. The appellate court affirmed the original ruling in favor of youth behavioral facility.

Defense of a condominium association and its board of directors against breach of contract and breach of fiduciary duty case.

Affirming trial court’s denial of Motion for Relief from Judgment stemming from the dismissal of a legal malpractice claim concerning an underlying adoption proceeding.

Affirming trial court’s dismissal of wrongful death claim filed after the expiration of the medical malpractice statute of repose.

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.

Plaintiff appealed granting of dismissal based on statute of limitations.

Appealed trial court judgment dismissing school board’s claim regarding sharing of tax revenue.

Ohio Supreme Court answered certified question regarding allocation of insurance proceeds for long-term injuries amongst multiple policy years.

Long term care litigation addressing applicability of voluntary arbitration agreement.

Medical malpractice litigation addressing application of statute of limitations in foreign body claim.

Appeal of trial court’s grant of directed verdict in favor of retailer at trial.

Appellate court upheld six-figure award of attorney fees and expenses in favor of Defendant in civil rights litigation.

Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.

Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.

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.

Powell v. Medical Department Cuyahoga County Correctional Center

Appeal of a civil rights lawsuit against prison healthcare providers.

Elsner v. Birchall, M.D.

Appeal of Medical Malpractice Defense Verdict

Paolucci v. Morgan

Dismissal of a negligence claim against a stable owner for injuries to two horses

Hendry v. Lupica, III

Appeal of summary judgment in wet basement case.

Kavanagh v. Caruthers, et al.,

Appeal of class action certification.

Wynveen v. Corsaro, et al.

Appeal of probate court’s grant of motion to disqualify counsel

Fourtounis v. Verginis

Appeal of trial court's grant of motion for summary judgment in third-party legal malpractice action.

Beard v. St. Vincent Charity Hospital

Plaintiff appealed defense verdict in medical negligence claim  

Dueck v. Clifton Club Co.

Appeal of probate court’s grant of summary judgment

Defense of legal malpractice claim and counterclaim for fees

Berdysz v. Boyas Excavating, Inc.

Appeal of trial court’s certification of a class action

Walling v. Wagner

Defense of legal malpractice claim

Bender v. Logan

Appeal of trial court grant of motion for summary judgment in business dispute action

Motion for summary judgment was granted in favor of client in defense of whistleblower case.

K.S., a Minor, et al., v. Pla-Mor Roller Rink

Appeal of trial court grant of motion for summary judgment in personal injury action.

Defense of legal malpractice claim

Harris v. Reedus

Appeal of trial court grant of motion for summary judgment in legal malpractice claim

Maxitrate Tratamento Termico E Controles, et al. v. Hedman

Appellate court affirmed trial court’s dismissal in an insurance coverage dispute.

Nichter v. Shamansky

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

RFFG, LLC v. Extinct Temps, Inc.

Appeal of adverse trial court judgment in business dispute claim.

Beck Energy Corp. v. Zurz

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

Defense of accounting malpractice claim                           

Weaver v. City of Twinsburg

Plaintiff appealed adverse trial court judgment in wrongful termination claim based on race

E. Hubiak, et al. v. Ohio Family Practice Center Inc., et al

Plaintiff appealed adverse trial court judgment in medical malpractice claim

King v. Alexander

Defense of prison officials from allegedly inadequate medical care to a prison inmate

Fry v. Hanni

Plaintiff appealed adverse trial court judgment in legal malpractice claim

Defense of legal malpractice claim

Krantz v. Family and Community Services of Northeast Ohio

Plaintiff appealed adverse trial court judgment in legal malpractice claim

Plaintiff appealed trial court’s decision granting summary judgment in legal professional liability claim

Barbara Rheinhold v. Edward Reichek, et al.

Plaintiff appealed adverse trial court judgment in claim of financial institution liability for mismanagement of funds

Plaintiff appealed adverse trial court judgment in legal professional liability claim

Defense of legal professional liability claim

Defense of legal malpractice claim

Defense of declaratory judgment action for denial of coverage

Granger v. Auto Owners, Inc.

Plaintiff appealed adverse trial court judgment in professional liability claim

Jason Milner, et al. v. Robin Biggs, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice case

Dawn M. Heller v. Pre-paid Legal Services, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice case on issue of enforcement of arbitration agreement

C. Rastaedt v. City of Youngstown

Defendant appealed governmental liability case to court of appeals based on trial courts denial of summary judgment in personal injury claim arising out of municipalitys duty to maintain highways.

Rick L. Lamtman v. Barry M. Ward

Affirming Trial Court’s Decision Granting Appellee’s Motion for Summary Judgment

Defense of legal malpractice claim

Legal Malpractice

Defense of legal malpractice claim

Defense of title agent E&O Claim

Fisk v. Rauser & Associates, LPA

Plaintiff appealed trial court judgment in legal malpractice claim

Simmons v. Rauser & Associates, LPA

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

David Woodrow, et al. v. Tom Heintshelm et al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

Turk v. Novacare Rehab. Of Ohio

Plaintiff appealed advised trial court ruling for summary judgment in a premises liability case.

Cortez. Riechers v. Biats, M.D.

Plaintiff appealed trial court’s denial of Motion for a New Trial based on alleged misconduct occurring during closing argument.

North Shore Auto Financing, Inc. dba Car Now Acceptance Corporation v. Block, et al.

Plaintiff appealed adverse trial court decision finding no violation of Truth In Lending Act.

Miller v. Management Recruiters International Inc.

The Court of Appeals, Patricia Ann Blackmon, J., held that: i) trial court did not abuse its discretion in refusing to vacate award based on arbitrator's alleged bias.

Berardi's Fresh Roast Inc. v. PMD Ents. Inc.

Reversing in part summary judgment granted in favor of Defendant since there was an issue as to ownership of coffee blend formula in non-compete and civil conspiracy claims brought against former business owner.

Arbitration defense of  service auto liability property damage claim (WALMART)

Arbitration defense of property damage commercial service premises property damage claim  (WalMart)

Jones v. Birney

Reversing summary judgment granted in favor of Defendants since there remained a genuine issue as to whether the Defendant's doctor's actions were the proximate cause of death in medical malpractice suit.

N. Shore Auto Financing v. Block

Dismissing an appeal for lack of final appealable order where Defendant buyer returned financed car to seller since lower court did not rule on all appealed claims.

Semirale v. Jamieson

Affirming summary judgment in favor of Defendant since inspection and purchase of real estate was qualified so as to release Defendants from liability for defects discovered after the sale was completed.

Affirming summary judgment in favor of Defendants since Plaintiffs failed to produce evidence to establish the liability of Defendants for termite damage found in Plaintiffs home shortly after purchase.

Skiles v. Bellvue Dev. Corp

Affirming summary judgment in favor of Defendants since there is no private remedy for individuals who claim to have been injured by violations of NEPA requirements resulting in water well contamination

Davis v. Montenery

Reversing summary judgment granted in favor of Defendant attorney in legal malpractice case where the attorney had not discovered a deed relating to the transferability of an easement across property

Railing v. Shilot

Vacating summary judgment in favor of Defendant where Plaintiff was injured when a tanning bed cover fell on her arm since the Plaintiff had voluntarily dismissed the suit before the trial court granted summary judgment on the merits

Foss v. Watson

Affirming defense verdict in medical malpractice suit regarding surgery to repair fractured arm

Preferred Capital Inc. v. Sarasota Kennel Club Inc.

Affirming dismissal of claim from federal court for lack of personal jurisdiction regarding rental payments for telecommunications equipment

Plaintiff appeals adverse trial court judgment in commercial premises liability claim

Brian D. Bohrer vs. Bakers Square Restaurant, et al.

Affirming a jury verdict in favor of Defendant in a premises liability claim for a trip-and- fall injury.

Sigmon v. Southwest Gen. Health Ctr.

Affirming sanctions against plaintiffs attorney for frivolous conduct in bringing an inappropriate medical malpractice lawsuit against Defendants.

Hoyle v. Gombeh-Alie

Affirming summary judgment in favor of Defendant since expert testimony was necessary to establish prima facie medical malpractice

First Am. Title Ins. Co. v. Chicago Ins. Co.

Affirming summary judgment in favor of Defendant insurance company because Plaintiff company failed to comply with the notice and cooperation provision of the insurance policy

Gialousis v. Eye Care Assoc Inc.

Affirming summary judgment for Defendants in medical malpractice claim since claim was time-barred

Straka v. Fisler

Apply the proper statute of limitations the precluded recovery on a promissory note signed by appellant.

Glidden Co. v. Lumbermen’s Mutual Casualty Co.

Lumbermen’s Mutual appeals lower court’s finding of coverage for lead paint manufacturer based on doctrine of collateral estoppel

Insurance carrier client appeals from an adverse ruling at the trial court finding coverage in a governmental liability complaint alleging ostensible intentional conduct by insured’s agents

Smith v. Conley

Attorney appeals adverse Court of Appeals decision ruling on motion to withdrawal to effectuate termination of attorney client relationship

L. Yessenow v. Aue Design Studio, Inc. (L. Yessenow)

Defendant appeals trial court decision on unconscienability of arbitration clause in contract for internet website

Sharonville v. American Employers Ins. Co.

Plaintiff appeals adverse trial court ruling on declaratory judgment seeking coverage under governmental liability insurance policy.

Byer v. Wright

Plaintiff appeals adverse trial court judgment in declaratory judgment that Plaintiff was not entitled to UIM benefits under his employer’s policy.

Jackson v. Greger, Esq. et al.

Plaintiff appeals trial court order to compel discovery of material regarding subsequent representation in legal malpractice action.

City of Sharonville v. United National Ins. Co.

Plaintiff City appeals adverse trial court judgment denying coverage for murder “cover up” conspiracy claim.

Smith v. Liberty Mutual Ins. Co.

Plaintiffs appeal trial court judgment finding Liberty Mutual UM/UIM insurance coverage negated by the insured’s 8 year delay in giving notice of accident and settlement with tortfeasor.

Henderson v. Luhri

Appeal of trial court’s judgment entry denying Defendant/Appellant’s Motion to Intervene.