Appellate Advocacy

Appellate court affirmed dismissal of third-party legal malpractice claims against law firm.

Fifth District Court of Appeals affirmed dismissal of medical malpractice as untimely due to failure to comply with 180-day letter mailing requirements.

Defense verdict affirmed in favor of airline in a small claims trial.

Seventh District Court of Appeals affirmed dismissal of workers’ compensation appeal to common pleas court due to failure to challenge dependency determination in mandamus.

Sixth District unanimously affirmed jury trial verdict in favor of physicians and overruled objections as to alleged hearsay evidence and cumulative errors in 63-page opinion.

Plaintiff was hospitalized for approximately six weeks in 2021 after becoming infected with COVID-19 and suffering severe complications from the virus. During his hospitalization, which required immobilization and use of a ventilator, the Plaintiff developed a severe pressure injury on his buttocks. As a result, he alleged that he received negligent medical care and treatment from his numerous medical providers. However, the trial court, and the Indiana Court of Appeals, determined that the medical providers were immune from liability under both Indiana and federal statutes because Plaintiff was receiving certain medical treatment in response to, arising from, or related to the Covid-19 public health emergency. 

The Second District Court of Appeals upheld a favorable defense verdict and overruled objections that the trial court failed to strike prospective jurors for cause and improperly seated two substitute jurors.

The Eleventh District Court of Appeals affirmed the dismissal of a claim for intentional interference with an expected inheritance when the plaintiff failed to exhaust probate remedies.

Defended a brokerage firm against claims of breach of fiduciary duty and fraud following a home sale in which the homeowner, who is an independent contractor of our client, acted as the broker for the sale. However, our client could not be liable where the buyers explicitly consented to the limited agency relationship for the purpose of the transaction and because our client never made any material misrepresentations of fact to the homebuyers.

Plaintiff filed a dental malpractice action on behalf of her daughter. A bench trial was conducted, which resulted in judgment for the defense. Plaintiff appealed as a matter of right, and the appeal was dismissed with prejudice due to the Plaintiff’s flagrant non-compliance with appellate rules and procedure.

Obtained summary judgment in favor of the Clifton Club and Clifton Park Trustees. Plaintiff cliamed that the trustees breached their fiduciary duties by allowing access to Clifton Club Members in a manner that exceeded the usage of the homeowners in Clifton Park.

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.

Motion for summary judgment affirmed in workers' compensation case.

In July 2021, a retaining wall collapsed on Plaintiff’s property. The wall was between the city sidewalk and Plaintiff’s house and he contend that it was the City of Bedford’s responsibility to repair it. Shortly after the collapse, Plaintiff emailed the city asking it to be repaired. The City of Bedford maintained it was his responsibility. Plaintiff filed a lawsuit but the trial court dismissed the case based on the failure of Disbro to put the City of Bedford on notice pursuant to the Indiana Tort Claim Act. Plaintiff appealed contending that he substantially complied with the Indiana Tort Claim Act, and even if he did not then he asserted a common law public nuisance claim and a violation of his constitutional rights. The Court of Appeals affirmed dismissal.

A quarry owner and asphalt producer directed our blasting contractor client to conduct blasting within 20-25 feet of its asphalt plant, with knowledge that the blasting activity conducted there would present a risk to the plant. When the plant was damaged from blasting activities, it sued our client, claiming that the contractor should be strictly liable. We argued that strict liability should not apply to these circumstances, because the stated rationale for applying strict liability is to blasting cases is to protect innocent third parties who do not benefit from the blasting activities, which does not apply to these facts. The trial court agreed and the Court of Appeals upheld the decision.

Obtained summary judgment and appellate win for a physician and surgical group. The physician was accused of negligently reporting elder abuse. Indiana has a statute that creates immunity for such actions in certain circumstances. There is very little case law to explain the scope and exceptions to the immunity. The Trial Court agreed that immunity applied. The plaintiff appealed and the Indiana Court of Appeals affirmed.

Summary judgment granted in favor of our marine consulting clients with a subsequent award of $25,000 in attorneys’ fees under Ohio’s frivolous conduct statute. Plaintiff appealed to the 6th District court of appeals, and the sanctions award was upheld on appeal.

Summary judgment obtained in favor of retailer in a wrongful death case.

The Indiana Supreme Court affirmed the Monroe County Circuit Court’s dismissal of a negligence lawsuit against our construction company client.

This matter involves a dental malpractice claim against a periodontist, in which the Plaintiff alleges that she experienced symptoms that included sleeplessness, nerve pain, mental confusion, dizziness, etc. as a result of the periodontist’s decision to prescribe Levaquin as a prophylactic antibiotic prior to the Plaintiff’s dental implant procedure. Plaintiff alleged that the Periodontist breached the standard of care by prescribing Levaquin, by failing to provide Plaintiff with informed consent as to the risks of this antibiotic, and by delaying in issuing a stop-use instruction to Plaintiff.  Following a unanimous Medical Review Panel opinion in favor of the Periodontist, the Plaintiff filed a lawsuit. We then filed a Motion for Summary Judgment, which the trial court granted on the basis that the expert witnesses designated by Plaintiff, which consisted of two physicians and a dentist, were not qualified to opine on the standard of care as required under Indiana law. Furthermore, the fact that Plaintiff admittedly read all risks regarding the antibiotic before she took the medication only further negated the informed consent claim. The Court of Appeals affirmed.

This matter involved a chiropractic malpractice claim relating to an allegation of negligent treatment resulting in a cervical spine fracture. The case centered on the element of causation, namely that the origin of the compression fracture, was complicated by the patient’s metastatic bone cancer. A licensed physician offered an opinion on behalf of the defense that the cancer was the cause of the fracture; in turn, Plaintiff designated a physical therapist (DPT) to provide an opinion to the contrary. However, as both the trial court and Court of Appeals determined, which opinions remain in-tact following the Supreme Court’s decision not to accept transfer, Plaintiff’s expert physical therapist was not qualified under the Rules of Evidence to offer an opinion on causation because such a complicated medical question, in addition to a question centering on subjective complaints of pain, required the expert opinion of a physician licensed to practice medicine. Because Plaintiff failed to designate a qualified medical opinion on the essential element of causation, defendant was entitled to summary judgment.

In October 2022, partial summary judgment was affirmed in a matter involving a negligence action against our client (a general contractor), stemming from the severe job-site injuries sustained by another contractor’s employee. Both the trial court and the Indiana Court of Appeals found that our client did not, pursuant to its contract with the project owner, assume a duty of care to ensure the workplace safety of the project owner’s other contractors/sub-contractors or their employees.

In March 2023, the Indiana Supreme Court denied the plaintiff’s petition to transfer. The Supreme Court’s denial established that there was no merit to further review of the case because the Court of Appeals’ correctly decided it. This case established precedent for the entire state.

Affirming Motion for Judgment on the Pleadings on tortious interference with business relations and Valentine Act claims. Plaintiff alleged our private-entity client’s implementation of a DORA program interfered with their ability to profit from prospective client relations and ran afoul of antitrust laws. Below, we secured dismissal based on a Motion for Judgment on the Pleadings based, in part, on arguments that Plaintiff failed to adequately plead either claim and, otherwise, our client’s alleged actions were justified. On appeal, the Fourth District Court of Appeals upheld the dismissal.

Plaintiff/Appellant claimed her employer discriminated against her based on race and retaliated against her for reporting discrimination based on race and sex by terminating her. 

Summary judgment affirmed in favor of our chiropractor client.

Client operated an agritourism business focusing on guided horseback rides in Barren County, Kentucky. Plaintiff fell from her horse during her participation in the ride, suffering injury. She proceeded to bring suit against the client, claiming it was negligent in maintaining the horse’s saddle and tack, among other allegations of negligence. After successfully obtaining summary judgment in the Barren Circuit court on the basis of a pre-injury waiver signed by the Plaintiff prior to her participation, the Plaintiff appealed to the Kentucky Court of Appeals. The Kentucky Court of Appeals, through published opinion, affirmed summary judgment granted on behalf of the client by the Barren Circuit court, pertinently holding that the pre-injury waiver signed by the Plaintiff prior to her fall was enforceable under the strict common law standard.

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.

Judgment affirmed in undue influence case.

Appellate court affirms motion for judgment on the pleadings regarding the sufficiency of Plaintiff’s affidavit of merit against a psychiatric practice. 

Summary judgment affirmed in favor of our periodontist client in dental malpractice claim.

Partial summary judgment was affirmed in a matter involving a negligence action against our client (a general contractor), stemming from the severe job-site injuries sustained by another contractor’s employee. Both the trial court and the Indiana Court of Appeals found that our client did not, pursuant to its contract with the project owner, assume a duty of care to ensure the workplace safety of the project owner’s other contractors/sub-contractors or their employees.

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

Motion to compel successfully upheld by Eighth District Court of Appeals regarding disclosure of electronic information in matter involving misappropriation of trade secrets.

Succefully briefed appellate case further defining the legal scope of pre-injury exculpatory releases in Kentucky.

The Third District Court of Appeals affirmed the trial court’s grant of summary judgment in favor of our clients, a board of education and baseball coach, based on political subdivision immunity.

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. 

Affirming trial court’s dismissal of workers’ compensation claim for alleged COVID-19 exposure.

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.

Appellate court affirms trial court’s motion for summary judgment in medical malpractice case alleging delayed cancer diagnosis.

Summary judgment was granted in favor of construction company on negligence claims, including a wrongful death claim.  The appellate court affirmed that decision, finding that the district court properly granted summary judgment under Ohio law.

Court of appeals affirmed trial court’s dismissal of civil conspiracy allegation based on witness immunity.

Affirming the Industrial Commission of Ohio's denial of a worker’s compensation claim. We filed a Motion to Dismiss arguing that the claim was not a “right to participate” issue, but rather an “extent of disability” issue such that it was not appealable to the Court of Common Pleas.  The trial court agreed and granted our Motion.  On appeal, the 2nd District Court of Appeals upheld the decision of the trial court.

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

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

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.

Brian Nally and Steven Chang recently obtained dismissal of a lawsuit pending in the U.S. District Court for the Southern District Court of Ohio, arising out of allegations that a financial advisor made various improper recommendations to a client. Reminger successfully obtained dismissal from the U.S. District Court, arguing that the Plaintiff failed to state a claim under various securities/criminal statutes and arguing that the claims were time-barred. After an appeal to the United States Court of Appeals for the 6th Circuit, the dismissal in favor of Reminger’s client was affirmed in all respects.

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.

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.

Reversal of Denial of Partial Summary Judgment on Interlocutory Appeal in negligence and wrongful death claim against an adult day program.

Appellate court affirmed summary judgment in favor of our client on a claim for wrongful discharge in violation of public policy.

Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim. 

Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim. 

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.

Defense of pain management physician in a medical negligence claim, allegedly leading to a spinal cord injury.

Plaintiff appealed granting of dismissal based on statute of limitations.

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.

Appellate court affirms trial court’s dismissal of plaintiff’s legal malpractice claim, finding that defendant-attorney exercised sound professional judgment.

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.

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.

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

Williams, et al. vs. American Homes 4 Rent, et al.

Motion for Summary Judgment on mold exposure lawsuit upheld.

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

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. 

Powell v. Medical Department Cuyahoga County Correctional Center

Appeal of a civil rights lawsuit against prison healthcare providers.

Portia A. Boulger v. James H. Woods

Reminger Obtains Dismissal of Defamation Lawsuit Filed Against Actor James Woods

Joel D. Naselroad v. Dennis Mabry, Mark Craycraft

Appeal of summary judgment in § 1983/personal injury case

A. Hopson v. J. Delatore, M.D.

Plaintiff appealed adverse trial court judgment on medical malpractice claim based on failure to produce Affidavit of Merit.

Elizabeth Tomcho, et al. v. ALTL Inc., et al.

Filing of a Motion to Vacate Judgment resulting in a reversal of a $6 million default judgment against a truck driver in a multi-vehicle accident

Result: Judgment Reversed and Remanded

Charles Patterson, et al. v. Adelta, Inc.

Appeal of summary judgment in premises liability case involving inherently dangerous work.

P. Portee v. Cleveland Clinic Foundation

Defendants appealed adverse Court of Appeal decision reversing summary judgment based on statute of limitations.

Elsner v. Birchall, M.D.

Appeal of Medical Malpractice Defense Verdict

Betty Oliver v. City of Marysville

Defense of appeal against declaratory judgment and injunctive relief action decision from trial court.

Elliott Thomas v. Smith, et al., 154 Ohio St.3d 11, 2018-Ohio-1783

Spoliation of evidence claim requires physical interference with or destruction of evidence, and mere delay in producing evidence is not actionable under the independent tort of intentional spoliation of evidence.

Cindy A. Caruso, et al. v. Erie Shoreline Properties LLC et al.

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

Bagi, et. al. v. City of Parma   

Defense of First Amendment Freedom of Speech Claims  

Messmer v. KDK Financial Services, Inc

Plaintiff appealed adverse trial court judgment in financial services liability claim

Beard v. St. Vincent Charity Hospital

Plaintiff appealed defense verdict in medical negligence claim  

Trevor Sheehan v. ProMedica Health System, et al.

Plaintiff appealed adverse trial court in medical malpractice claim

Lynn Cordova, et al. v. Emergency Professional Services Inc., et al.

Defense verdict to emergency physician involving allegations of failure to diagnose and treat diverticulitis. The court of appeals upheld the jury verdict and trial court's refusal to excuse a physician for cause as a prospective juror, and indicated that that decision as it relates to excusing jurors for cause due to impartiality is reviewed under an abuse of discretion standard.

Dueck v. Clifton Club Co.

Appeal of probate court’s grant of summary judgment

Gallagher, Extr. v. Firelands Regional Medical Center

Defendant appealed adverse trial court judgment in wrongful death medical malpractice case 

Defense of wrongful death dram shop liability claim against bar/restaurant arising from fatal head-on automobile accident

Alkire v. Alsfelder

Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability case.

Carol Lytle v. Mathew et. al.   

Disqualification of Plaintiffs’ counsel in a medical malpractice action

Portee, et al. v. Cleveland Clinic Foundation, et al.

Plaintiff appealed adverse trial court judgment in medical malpractice claim

Berdysz v. Boyas Excavating, Inc.

Appeal of trial court’s certification of a class action

Amy Greenberg et al. v. Sherri Heyman-Silbiger, exec., et al.

Defense of $1M breach of contract claim levied against estate and trust by former business associate.

Estate of James Barton vs. Hamilton County, NaphCare, et al.

Federal civil rights, medical malpractice and wrongful death action brought against Hamilton County jail, corrections officers and medical staff related to death of an inmate while in custody

Toledo Bar Assn. v. Crosser

Attorney appealed disciplinary Board of Professional Conduct suspension order for violation of Rules of Professional Conduct

Sunoco Pipeline L.P. v. Teter

Defendant appeals adverse trial court judgment on issue of eminent domain for “liquid energy pipe lock.”

Ruiz-Bueno (Est. of Edward Peterson) v. Dr. John Tilley 

Allegations of deliberate indifference to medical needs against psychologist

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

Smith v. Helsop

Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter.

US Bank Home Mortg. v. Schrecker

Following oral argument by counsel, Kentucky Supreme Court reversed judge’s opinion awarding workers’ compensation benefits to claimant who was injured when a vehicle struck her while crossing a roadway during a work break. Defense successfully argued that even if the personal comfort doctrine would otherwise apply, the claimant’s impliedly prohibited route of travel took her outside normal coming and going activity.

Moore v. Covenant Care Ohio Inc.

Plaintiff appealed adverse trial court judgment in wrongful death long term care claim

DiPaolo v. Blair & Latell

Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability claim.

Fry v. Hanni

Plaintiff appealed adverse trial court judgment in legal malpractice claim

Lytle v. Mathew et. al.

Plaintiff appealed order denying motion to quash subpoena and motion for protective order

Plaintiff appealed adverse trial court judgment in legal professional liability claim

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

E/O S. Galloway v. Marion Psychological Inc., et al.

Plaintiff appealed adverse trial court judgment in wrongful death suicide claim

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

Houdek v. ThyssenKrupp

On behalf of employer, obtained Ohio Supreme Court reversal of Court of Appeal decision. Ohio Supreme Court reinstated favorable trial court summary judgment ruling on test of deliberate intent relative to employer intentional tort. 

Hunt v. Mubea, Inc., 2012 

Claim for occupational hearing loss dismissed after defense successfully challenged opinion of university evaluator that claimant had 17% permanent impairment due to occupational hearing loss.

David M. Schneider v. Michael Hardesty, et. al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim over Utah attorney

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.

Bailey v. Northpoint Senior Services, 2011 Ky.Unpub. LEXIS 55 

Supreme Court affirmed dismissal of workers’ compensation claim based on substantial evidence of prior active condition presented by defense counsel through expert medical opinion.

Cincinnati Insurance Co. v. City of Cleveland

Motion for summary judgment granted in favor of opposing party was reversed and remanded on appeal in construction case.

Panzica Construction Co. v. Zaremba, Inc.

Motion to dismiss and compel arbitration was granted in favor of client affirmed on appeal in construction case.

Plaintiff appeals adverse trial court judgment in commercial premises liability claim

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.