Results

Obtained summary judgment on behalf of defendant cemeteries association in a contract dispute regarding family member’s proper burial site.  

Secured arbitration defense verdict in favor of blasting client.

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

Achieved a favorable settlement on behalf of trusts and estates beneficiaries.

Motion to dismiss granted in favor of residential real estate appraisers accused of negligence.

Claimant was a groundskeeper at the university who had uncontrolled diabetes. He developed a diabetic foot ulcer that became septic, resulting in a below-the-knee amputation.  He alleged the ulcer was due to a work incident in which he stepped wrong off a curb while weed-eating, causing a contusion that led to a blister. Defense counsel introduced testimony from co-workers implicating an incident at home when he was using a shovel as the cause of the blister rupturing, close in time to his hospitalization for sepsis. Defense expert medical testimony indicated there was no reason to believe the ulcer was caused by any specific traumatic incident, as it had the appearance of a classic, non-traumatic diabetic foot ulcer. Claimant was seeking permanent total disability ($431,646.71) plus medical benefits related to his amputation and prosthesis. The claim was dismissed in its entirety based on the threshold causation issue.

An endodontic file separated in the patient’s root during a root canal. Plaintiff claimed that he was not told about the retained file and was not provided with options for treatment.

Court of common pleas granted summary judgment based upon open and obvious doctrine.

Plaintiff filed an action against a national retailer for targeting after they refused him service and requested police issue an order that he no longer enter the store. Nick filed a Motion to Dismiss based on Indiana Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted. Plaintiff failed to amend his Complaint within the time period required by the Trial Rules, and the Court set the matter for hearing. At oral argument, Nick stated that, on the face of the Complaint, Plaintiff’s allegations against the retailer were not cognizable claims recognized in Indiana, and that constitutional provisions give a private business the right to refuse service to a single individual customer in this case’s particular circumstance. Nick further argued that the Court lacked jurisdiction to order any equitable relief, and because the Plaintiff’s Complaint was silent as to any monetary damages, the Complaint should be dismissed in full. The Court agreed, and entered an order dismissing the case.

Successfully defended a local car wash in a Small Claims Trial. The Plaintiff claimed that our insured car wash was negligent or that their machinery malfunctioned, causing damage to her vehicle. The Magistrate issued a defense verdict which was affirmed by the Municipal Court Judge. 

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

Order dismissing arbitration granted in favor agribusiness client based on warranty limitation.

Secured defense verdict in slip and fall case at amusement center.

Obtained defense verdict in favor of a radiologist in a case involving an alleged negligent interpretation of a chest CT scan. 

Summary judgment granted in favor of office technology provider.

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

Plaintiff claimed broken tailbone and years of back pain resulting in injections from a fall on clear liquid at a big box store. Plaintiff failed to identify any employee who had notice of the hazard let alone produced evidence that the hazard was existing or how long it had existed, prior to the alleged fall and injury. The Court agreed that it was Plaintiff’s burden of proof to demonstrate prior notice, entering judgment in favor of our client and dismissal all claim just a couple weeks shy of trial.

Motion to dismiss granted in favor of Police Department and Detective Sergeant in legal challenge to enforcement of Delta 8

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.

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

Suit was dismissed against Insurer in small claims trial related to blasting work performed by Insured.

Summary judgment granted in favor of temp agency in slip and fall case.

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. 

Obtained dismissal of legal malpractice claim against an estate planning attorney and his firm.

Order to Deem Requests for Admissions as Admitted and Order granting summary judgment in favor of big box retailer.

Obtained judgment in favor of a car wash. The Plaintiff alleged roughly $2,000 in damages from a car wash owned and operated by our client.

Motion to dismiss granted in favor of defendants accused of violating the Electronic Communications Privacy Act (“ECPA”) commonly known as the Federal Wiretap Act

Motion for judgment on the pleadings granted based on four-year medical claim statute of repose in a multi-faceted lawsuit (alleging federal and state law claims) against medical care providers based on a suicide in a county jail.

Obtained a ruling in favor of an inpatient mental health facility. Plaintiff alleged that her credit card and cash were stolen during her stay. 

Obtained summary Judgment in favor of insurance agent based on claims of a failure to advise regarding insurance coverage.

A nationwide provider of training and continuing education courses to members of law enforcement and public safety alleged that our insurance agent failed to advise them of event cancellation insurance and failed to procure insurance to cover the cancellation of any the seminar/classes they had across the nation. The Court granted summary judgment in favor of our client based on the statute of limitations.

Plaintiff sued our client, a contract optometrist, for the Indiana Department of Correction, for delaying treatment of his eye infection and getting him prescription eyeglasses in violation of the Eighth Amendment. Without eyeglasses, Plaintiff is legally blind.  While Plaintiff did have an eye infection at one point, any evidence that the doctor knew about it was deemed inadmissible and thus there is nothing he could have done about it. Similarly, while there was delay in getting him eyeglasses, it was established that the doctor was only involved in preparing the prescription as opposed to order and procuring the eyeglasses. The Court granted summary judgment to our client by concluding there was any genuine issue of material fact as to whether our client was deliberately indifferent to Plaintiff’s serious medical needs.

Successful defense of company from claims of workers’ compensation retaliation and intentional tort.

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.

Successful defense of a Fort Wayne hotel in a trip and fall incident causing multiple orbital bone fractures, permanent facial nerve damage, and double vision to the Plaintiff whom the jury found to be primarily at fault more so than the hotel.

Motion for summary judgment granted in a slip and fall case at a medical facility.

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.

Obtained a directed verdict in Central District Court in Trumbull County on behalf of big box retailer in a consumer sales practices act and negligence case. 

Motion for summary judgment granted in favor of attorneys in legal malpractice and deceit case.

The purchaser of a property who after the title agency prepared the settlement statements instead elected to proceed with the closing without the title agency filed a third-party claim against the title agency when the purchaser later discovered a potentially fraudulent signature in a prior deed in the chain of title.  The Court granted the title company summary judgment holding that a title search does not include the rendering of an opinion as to the validity of the title and the title agency was no longer under any independent duty to disburse funds for title insurance that were set forth in the settlement statements when the purchaser elected to forego the closing.

Defended physician against wrongful death claim. The Court granted motion to dismiss on statute of limitations grounds. 

Defense of apartment complex alleged to have owed deceased a duty for unforeseeable double-murder, suicide event.

Defense of motor vehicle accident. Our client’s vehicle was parked along the sidewalk on a residential street when Plaintiff drove by and clipped his passenger side mirror on the driver’s side mirror of our client’s vehicle. Plaintiff sought recovery for property damage to his vehicle. The Court found in favor of our client. Specifically, the Court found that Plaintiff did not meet his burden of proof to show that Defendant was negligent per se and in violation of a parking statute 

Grandview Solar Project, LLC (GSP), the entity behind what we will be the largest solar farm in Indiana (+$50 million investment), filed suit against our insured, Town of Grandview, for refusing to issue them an improvement location permit for the solar farm project. There was an issue with the original approval of the project and the Town of Grandview did not want to issue an improvement location permit which exceeded their corporate limits. The matter was settled between GSP and the Town of Grandview with the Town receiving funds over the course of the project to help with town projects in the future and with GSP getting the improvement location permit.  More than 80 citizens who opposed the solar farm project subsequently filed a lawsuit alleging that the improvement location permit was void, seeking to stop the construction of the permit.  Town of Grandview filed a motion to dismiss along with GSP which the Court granted.

Expungement of customer dispute awarded in favor of investment advisor/broker in FINRA arbitration hearing.

Motion for Relief granted in favor of big box retailer.

Following termination, a former employee sued our office equipment supplier client for defamation per se, tortious interference, and breach of contract based on alleged statements made by agents/employees to third-party customers in the office sales market, which pertained to the former employee's business conduct and practices. In addition, the former employee's new employer brought its own tortious interference with a business relationship claim, alleging the defamatory remarks made about the former employer also hurt its business. Obtained defense verdict on all claims after 7 day jury trial.

Resolved a breach of contract claim for a media company.

Obtained unanimous defense verdict in favor of an anesthesiologist. Plaintiff alleged that an anesthesia block was negligently performed in relation to a wrist surgery and as a result the Plaintiff sustained a permanent injury to his Phrenic nerve. 

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

Summary judgment granted in favor of healthcare facility accused of religious discrimination, age discrimination, and retaliation in violation of Title VII and the Age Discrimination in Employment Act. We defended the arbitration through the AHLA and filed for summary judgment on all claims.  After extensive briefing and a nearly three-hour hearing, the arbitrator granted summary judgment in favor of our client on all claims.

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

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.

Judgment affirmed in will contest case.

Summary judgment entered in favor of Dollar General and Amber Ankney, and denied the cross-motion for summary judgment in favor of Plaintiff.

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.

Motion to dismiss obtained in favor of a professional engineer surveying company in a multi-party real estate dispute. 

Following a three-year investigation, culminating with a March 2023 notice of intent to revoke his client's insurance licensure, Joe Simms participated in an evidentiary hearing in March 2024 in front of the Ohio Department of Insurance. The investigation arose in connection with a nationwide Ponzi scheme that spanned seven years and impacted more than 15,000 individuals, causing several hundred million dollars of losses, and resulting in criminal convictions of a half dozen (non-client) people, including decades of prison time and over a half billion dollars (with a "B") in fines. Joe received notice that the hearing officer agreed that revocation or suspension was not an appropriate sanction for his client, and imposed a fine of just $2,000.

Defended restaurant against smail claims action.

Secured the dismissal of the Ohio Civil Rights Commission’s probable cause finding and claims of disability discrimination against a restaurant which the government investigated then brought on behalf of a former chef.

Obtained defense verdict in favor of a neurosurgeon accused of performing an unnecessary spinal surgery.

Secured summary judgment in favor of a gas station in a lawsuit concerning allegations of negligent training and supervision.

The court granted our petition for preliminary determination and motion for summary judgment in favor of our allergist client on a statute of limitations issue regarding a minor with a non-latent disease.

Obtained jury verdict in favor of insurer in coverage claim.

Obtained dismissal through a motion for judgment on the pleadings for a licensed home inspector.

After taking over a business dispute for prior counsel, we represented an international freight forwarding company that was involved in transporting goods from the Los Angeles Port to various locations across the country. After a dispute arose between our business-client and its client, this lawsuit was filed, which involved claims by our client for breach of its contract and non-payment, as well as numerous counterclaims alleging approximately $500,000 in damages. We successfully obtained a judgment in favor of the client for more than $200,000 and assisted in obtaining a complete dismissal of all counterclaims.

Defended dentist office against claims that they created substandard dentures.

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.

Claimant was seeking permanent total disability benefits as a result of a knee injury resulting in a total knee replacement. She alleged her knee condition developed as a result of cumulative trauma from standing on a factory floor, depressing a machine pedal, and pivoting as she moved parts on and off her machine. Counsel presented testimony from a co-worker that the claimant described an acute injury to her knee occurring at home over the weekend prior to her presentation at work with a noticeable limp, and cross-examined the claimant’s treating physician, who retreated from his causation opinion in light of the testimony from the co-worker and other relevant facts not previously presented to him by the claimant. The matter was submitted for determination and the judge dismissed the claim in its entirety, finding no work-related injury occurred.

Less than five months after legal malpractice case filed, all claims dismissed against attorney and law firm based on the legal malpractice statute of repose and statute of limitations.

Defense verdict on behalf of a pain management physician accused of over prescribing controlled substances.

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.

Obtained summary judgment in favor of an interventional cardiologist and their practice group in a medical malpractice case.

In a contentious legal malpractice case alleging numerous allegations about representation, obtained summary judgment and dismissal  of all claims in favor of attorney and her law firm.

Successfully represented a landowner on a pipeline right of way claim

Obtained affirmance by the Indiana Supreme Court granting a dismissal of their client, a remediation contractor in Indianapolis. The contractor disposed of a 12-tray food-grade dehydrator–the subject of a product liability claims against the manufacturer which was the primary culprit in burning down a house on Halloween in 2019. The Indiana Supreme Court found that the circumstances did not implicate any duty on the remediation company to preserve the dehydrator. This was the first time that the Indiana Supreme Court has ever addressed whether third-party spoliation is a viable claim in Indiana. 

Obtained Rule 12 dismissal on behalf of Ohio attorneys and their law firm in omnibus civil lawsuit alleging a failure by the clients to defend the plaintiff in separate litigation, succeeding on claims of pleading deficiency and other legal bases.

Motion for Summary Judgment granted in favor of a Board of Education, Superintendent, and five former/current Board members. The case involved seven different claims of defamation, slander, and libel, two invasion of privacy claims, an intentional infliction of emotional distress claim, three different claims of retaliation (First Amendment retaliation, retaliation under Title VII/R.C. Chapter 4112, and retaliation under the Ohio whistleblower statute), and a hostile work environment claim. 

A remediation company in their work on a burnt down house disposed of a dehydrator that was the possible cause of the fire. After disposal and after looking to pursue a product liability action against the dehydrator manufacturer, the insurer for the homeowner brought suit against the remediation company for spoliation. The trial court dismissed the case finding the circumstances do not implicate third-party spoliation. The Court of Appeals in Indiana, after oral argument in May 2023, affirmed the decision. The Supreme Court of Indiana vacated the Court of Appeals opinion, and after oral argument (November 2023), affirmed the decision of the trial court dismissing the case against the remediation company in a 4-1 to decision.

Recovered $660,000 on behalf of our client on allegations that the client’s sibling, a practicing attorney, misused his power of attorney and otherwise unduly influenced their father to cause the disinheritance of our client.

Succesfully defended a former estate administrator against two motions for contempt and also recovered attorneys' fees.

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. 

Received Motion for Judgment on the Pleadings of a will contest case and dismissal of Intentional Interference with an Expected Inheritance (IIEI) claim.

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.

Motion to dismiss granted in favor of trust company and portfolio manager involving claims of insider trading issues, trading in thinly traded securities, and other Trust & securities issues.

Summary judgment granted in favor of a financial institution in a case arising from a dispute between an investment advisory firm and one of its representatives. Plaintiff asserted that our client tortiously interfered with the contract between the firm and its representative, and was seeking seven-figure damages. The Court agreed that Plaintiff failed to establish that there was a genuine issue of material fact as to our client's conduct, and therefore ruled in favor of our client.  

Summary judgment in favor of employer against claims for racial discrimination in violation of the Kentucky Civil Rights Act, Intentional Infliction of Emotional Distress, and Breach of Implied Contract/Detrimental Reliance. Defendant secured summary judgment on the grounds that the record is devoid of any evidence establishing discriminatory intent and that there existed ample legitimate, non-discriminatory reasons for the termination of Plaintiff’s employment.

Obtained defense verdict in favor of a critical care physician.

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.

Defended big box retailer against negligence claims of a woman claiming she was injured due to a defective tile seal and/or missing grout in the store. The court entered its Order sustaining the retailer's objections to a Sham Declaration and Improper Demonstrative Evidence as well as granting the retailer’s Motion for Summary Judgment and entering a full dismissal with prejudice.

Summary judgment granted in favor of the School District’s Board of Education, administrators, and employees on multiple federal claims, including alleged violations of Title IX, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act, as well as alleged violations of the plaintiff’s constitutional rights. 

Obtained directed verdict in favor of our auto service client. The case involved allegations of negligent auto repair, and a claim that the Plaintiff did not consent to the work performed.

Defense of premises liability claim for personal injuries resulting from tripping over an open and obvious hazard in the store.

Obtained dismissal of all claims alleged against title company as court held that the plaintiff’s claim as a third-party beneficiary as to the title company had no support in Ohio law.

Summary judgment granted in favor of an attorney and his law firm. The attorney was accused of legal malpractice regarding his representation of his client who was the wife that had a business dispute with her husband’s family-owned business. The wife claimed over six figures in damages against the attorney and filed the legal malpractice suit as the power of attorney for her husband. There was little case law as to the applicability of the attorney-client relationship when a power of attorney is involved in this scenario and also where the wife was trying to state claims that as a spouse she had standing and privity to bring the legal malpractice claim and how the statute of limitations applied as a result. The trial court initially agreed that the case was barred by the statute of limitations granting judgment on the pleadings in favor of our clients. However, this was then reversed and remanded as the appellate court ruled there were sufficient allegations in the pleadings to state a claim. After discovery, Andy and Melany won again as they filed a motion for summary judgment which the trial court granted holding that the claims were barred by the statute of limitations and the wife lacked standing as a spouse and also under the power of attorney to bring her claim.   

Motion to dismiss granted in case involving negligence and assault claims against retailer and their security guard.

Summary Judgment granted in favor of mechanical and electrical construction, industrial and energy infrastructure, and building services company regarding property damages arising out of a water leak event in a commercial building.

Plaintiff filed a small claims action for dental malpractice against a dental group and dentist for alleged substandard treatment related to dental work performed on their son. During trial, at the close of Plaintiff’s case, Nick moved for a directed verdict based on the Plaintiff’s failure to provide any expert testimony that Defendants treatment fell below the standard of care. The Court denied the motion, and Nick tried the remainder of the case. At the conclusion of trial, Nick renewed his Motion, and after taking the matter under advisement for nearly two months, the Court ultimately granted judgment in favor of the Defendants.

Motion for summary judgment affirmed in workers' compensation case.

Plaintiff attempted to move to vacate the Court’s grant of dismissal with prejudice to our big-box store client. Plaintiff’s theory for vacating a judgment was that his lack of timely response to a dispositive motion was due to excusable neglect.  We opposed the motion and the Court upheld its prior ruling, strongly adhering to the excusable neglect standard in Ohio and demonstrating Plaintiff was not entitled to such significant relief. The court agreed and upheld the judgment, preserving the case law on the issue.   

Represented a well-known Cleveland law firm and lawyer in a legal malpractice case and obtained dismissal of all claims against the firm and the attorney.

Obtained defense verdict in a medical malpractice trial involving the death of a 39-year old woman.

Obtained a motion for judgment on the pleadings in favor of attorney who was sued for legal malpractice and various aiding and abetting tort claims under the “malice”; “bad faith”; and “fiduciary duty” exceptions to the attorney-client relationship.

Motion to dismiss granted in favor of a city police department based on the Indiana Tort Claims Act’s immunity provision which provides immunity for enforcing or failing to enforce the law. The Court of Appeals affirmed dismissal. 

Defended farm equipment dealership in a products liability suit. Plaintiff was injured when a tractor he was operating flipped over while driving along a hill at his farm. Plaintiff blamed a negligently designed tire and rim. Plaintiff sued the tractor manufacturer, the company that made the tires, and our client, the dealership. Our client was dismissed on summary judgment as the Plaintiff had waived any breach of warranty claim against the dealership upon execution of the sale documents. All warranty claims transferred to the manufacturer at that point. Summary judgment was upheld on appeal by the Kentucky Court of Appeals, and subsequent review by the Kentucky Supreme Court was denied.

Defense of administrative appeal of municipality’s conditional use permit.

United States Court of Appeals for the Sixth Circuit affirmed trial court’s dismissal of various claims sounding in discrimination and wrongful discharge.

Obtained defense verdict in favor of a physician assistant in a case involving treatment for carpal tunnel syndrome causing an alleged permanent nerve injury.

Obtained defense verdict in favor of an orthopedic surgeon accused of negligence in causing an arterial injury during a total knee replacement. Additionally, plaintiffs claimed our client was delayed in diagnosing and arranging treatment post-operatively.

Obtained defense verdict in favor of urologist. Plaintiff alleged that defendant was negligent during penile implant surgery.