Directors & Officers (D&O) Liability Defense

Motion for Judgment on the Pleadings affirmed in favor of farmers market.

Plaintiff sued our client, a condominium association, along with individual members of the Board, for violations of statutory breach (Ohio’s Condominium Statute), breach of contract, breach of fiduciary duty, and negligence. The claims for statutory breach and negligence were dismissed on summary judgment, and the issues alleged under the breach of contract claim were narrowed. Plaintiff also voluntarily dismissed the claim for negligent infliction prior to trial. After both parties waived the jury trial, the judge issued a thorough decision siding with Defendants on all claims. 

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.

Plaintiff brought suit against our client property management company and homeowners association alleging that her home was in need of repairs that were to be completed by the homeowner’s association. The Court ruled in the Defendant’s favor based on the business judgment afforded to the homeowner’s association in their bylaws and covenants. The Court also ruled in the Defendant’s favor based on a small claims court inability to award injunctive relief. 

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.

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

Motion for Summary Judgment in favor of Condado Tacos on all claims asserted against it, including trademark/trade dress, copyright, trade secrets, contract, and fraud.

Granting motion for directed verdict filed on behalf of a title/escrow services company in escrow defalcation case.

Plaintiff asserted claims against economic development organization and individual board members that included: 1) tortious interference with a business relationship; 2) tortious interference with a contract; 3) fraud; 4) tortious interference with contract and/or business expectancy.  

Pelmear v. Henry County Commissioners

Plaintiff took out a loan for his business through a county revolving loan fund. The administrator for the loan inadvertently named the wrong debtor on the filings with the State. This misnamed debtor was another company owned by plaintiff. Plaintiff alleged damages as the result of the misfiling and also alleged that the paperwork in connection with the loan was fraudulent. Plaintiff defaulted on the loan and the County filed suit to collect on the loan and obtained judgment. The present lawsuits were filed in two separate actions by the plaintiff for damages. Court granted summary judgment on res judicata argument that the claims should have been asserted in the previous collections actions filed by the county to collect on the defaulted loan.