Joseph Borchelt

Obtained dismissal of a home inspection company accused of negligence in preparing inspection reports for construction draws. The Plaintiffs/homeowners accused the inspection company of inappropriate reporting of the percentage of completion of the construction work on the property. We moved to dismiss the complaint on the basis that the homeowners were not in privity with the defendant-inspection company, whose only contract was with the lender. The Judge of the Clermont County Court of Common Pleas agreed and granted the defendant’s motion to dismiss.

Obtained summary judgment in favor of divorce attorney in a legal malpractice case.

Defended a real estate title company in an action for malpractice and professional negligence arising out of an allegedly improper real estate transfer. Plaintiff asserted damages in the six figures for a purported loss in property value arising from the alleged errant transfer. Upon receiving the Complaint, we timely prepared a Motion to Dismiss, arguing Plaintiffs failed to state a claim for malpractice and professional negligence against our client. More specifically, based upon the contract documents attached to Plaintiffs’ Complaint, it was clear from the face of the Complaint that our client was not in privity with the Plaintiffs and owed no duty. Further, under Ohio law, a title company cannot be held liable for legal malpractice. Upon oral argument, the Court ruled from the bench and granted Lawyers Title’s Motion to Dismiss without further delay. 

In this matter, we were successful in obtaining dismissal on a professional liability claim. To that end, the trial court granted the defendant financial planner/insurance agent’s motion to dismiss the plaintiffs’ complaint alleging errors and negligence associated with the submission of a life insurance beneficiary designation change form.

Succesfully obtained summary judgment for our attorney-client in a claim for legal malpractice filed in the Warren County Court of Common Pleas. This case involved the attorney’s representation of a client in a business dispute that concluded approximately seven (7) years ago. The Court agreed with our argument that the malpractice claim was barred by the statute of limitations, and dismissed the case on summary judgment before the start of discovery.

Dismissal affirmed in favor of our attorney client in regards to alleged civil conspiracy, malicious prosecution, and intentional infliction of emotional distress, fraud, abuse-of-process, false imprisonment, and other negligence-based claims, arising out of our clients’ representation of a spouse in a contested custody dispute with the Appellant-father.

Succesfully represented a fire investigator accused of negligence, civil conspiracy and malicious prosecution. The investigator was alleged to have issued an erroneous investigation report which determined that the housefire was arson and resulted in the Plaintiff’s wrongful indictment for arson. The Warren County Court of Common Pleas granted our motion for summary judgment on the issue of a lack of duty to the carrier’s insured, as well as immunity for cooperation with law enforcement investigations.

Motion to Dismiss granted on claim for legal malpractice involving an underlying domestic relations case.

Successfully obtained dismissal of Condominium Owners’ Association and property management company. The appellate court upheld the trial court’s decision granting our motion to dismiss filed on behalf of the condo owners’ association and property management company on a homeowner’s counterclaims for wrongful foreclosure, fraud and violations of the fair debt collection practices act.

The Kentucky Court of Appeals reversed the trial court's deciosion and granted our motion to dismiss a claim for legal malpractice against a guardian ad litem in the Kenton County Circuit Court. On February 22, 2022, the Kentucky Supreme Court denied discretionary review of the case.

Motion to dismiss granted in Hamilton County Court of Common Pleas on claims for legal malpractice that were barred by the statute of limitations.

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.

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.

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.

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.

Obtained a judgment in the amount of $3 million in an insurance coverage dispute.

Former employee’s claim of wrongful conduct associated with the reporting of motor carrier violations after the employee left employment with the company/client

Edward Formica, et al. v. Jeffrey A. Dehner, et al.

Plaintiff appealed adverse Court of Appeals decision in legal malpractice claim

Steven Rusher, et al. v. SpringCastle America, LLC, et al

Plaintiffs appealed trial court’s dismissal of claims brought under the Fair Debt Collection Practices Act and Ohio’s Consumer Sales Practices Act against owners of debt.

Edward Formica, et al. v. Jeffrey A. Dehner, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim.

Defense of complex commercial representation legal malpractice claim

Defense of admitted liability legal malpractice claim

Legal malpractice claim for alleged failure to properly advise criminal client of rights during plea stage

McCarthy v. Sterling Chemicals Inc., et al.

Tank car manufacturer appeals trial court’s grant of new trial to personal injury plaintiff.

Prosecution of tenant/landlord dispute in commercial litigation claim

Poneris v. A & L Painting LLC

Affirming jury verdict in favor of employer regarding intentional tort action brought by employee injured when he fell off a bridge while on the job

Tibbs v. Ernst Ents. Inc.

Affirming summary judgment in favor of employer where former employee brought action disability discrimination since the employee could not perform the essential function of his job as a commercial truck driver.

Warman v. L. Patrick Mulligan & Assoc. Co.

Affirming summary judgment in favor of Defendants legal malpractice action where attorneys represented Plaintiff in a criminal matter since one-year statute of limitations for legal malpractice, rather than four-year statute for fraud.

Defense of catastrophic injury claim in products liability case

Boettcher v. Gradall Co.

Reversing summary judgment entered in favor of manufacturer under strict product liability theory since there remained an issue of fact as to whether failure to equip forklift with drivers side and overhead mirrors was the proximate cause.

Wilson v. AIG

Affirming summary judgment in favor of Defendant insurers sice employee killed in automobile accident while on the job was not covered under employer's policy.

Defense of catastrophic employer intentional tort  

Defense of commercial premises liability personal injury claim.

(Waussau Insurance)

Defense of commercial premises liability claim. 

Sanson Co. Inc. v. Granger Materials Inc.

Affirming order requiring Defendant, a rock-crushing operation, to refrain from activities resulting in dust because it caused a nuisance to Plaintiffs, nearby businesses engaged in food sales, storage, and distribution.

Grace v. Mastrserio, et al.

The Court of Appeals, Mark P. Painter, P.J., held that: i) privileged communications and acts statute did not limit client's waiver of common law attorney-client privilege to client's express consent or by his voluntary testimony on the same subject