Results

Motion to dismiss granted in favor of pretrial supervision and probation services company. Plaintiffs, proposed class representatives, sued our client in a seven-count complaint for numerous violations of the Due Process and Equal Protection Clauses of the United States Constitution as well as for conspiracy in this Section 1983 action. Plaintiffs sought a declaratory judgment, compensatory damages, attorney’s fees and costs, and injunctive relief. Dismissal was filed and a preliminary injunction motion/hearing was held.

Motion to dismiss granted in a breach of duty case against a city involving the collapse of a city-built and owned retaining wall. Plaintiff failed to provide a tort claim notice, or substantially comply with the same requirements, pursuant to the Indiana Tort Claims Act.

Successful defense of employer and employee on all negligence claims arising from a motor vehicle versus pedestrian incident in Jefferson County, Kentucky.

Plaintiff’s estate brought suit against a city alleging negligence in the operation of the city’s Old Fashioned Days festival and the execution of an eating contest.

Participated in an Arbitration ordered by the Cuyahoga County court. The Plaintiff sought damages for alleged faulty installation of flooring under claims of breach of contract and the Ohio Consumer Sales Practices Act (OCSPA) for over $100,000. The arbitration panel awarded $10,000 which no finding of a violation of the OCSPA. 

Claimants, a fair housing center and their representative-tenant, alleged our client, a residential landlord, violated fair housing laws by failing to provide a reasonable parking accommodation. We first defended the case through the initial investigation to secure a finding of no probable cause, based primarily on the defense that our client timely supplied the requested accommodation. Then, when claimants’ sought reconsideration of that initial finding, dismissal was upheld following a hearing before the full Commission.  

Obtained dismissal in professional negligence claim against an insurance agent and agency through grant of motion for summary judgment, successfully dismissing eight civil claims on the eve of a scheduled trial.

Obtained a fully favorable Medicare appeal on behalf of podiatrist.

Obtained a defense verdict in a small claims action for dental malpractice against a dental group and dentist for alleged substandard treatment related to making and fitting of dentures. 

Argued in front of the Indiana Court of Appeals to reverse a denial of summary judgment in a premises liability case based upon judicial estoppel.

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.

Defense of ophthalmologist in the alleged negligent performance of cataract surgery which led to a dislocated intraocular lens. Secured a directed verdict in favor of the defendant after a four-day jury trial.

The CSWB opened a professional ethics complaint against our client. We secured dismissal of that investigation without any formal discipline being instituted against our client.

Motion to dismiss granted in favor of a county hospital and jail when plaintiff alleged that they lost property when being transferred from the jail to the hospital.

Dismissal of claims against business after theft from patron by employee.

Represented a hotel against a claim for negligence. 

Motion to Dismiss granted in medical malpractice and negligence case asserted against correctional medical provider for the wrongful death of inmate. This matter was already litigated and decided in client’s favor in the federal court, but was re-filed by the Plaintiff in state court. We moved to dismiss based upon statute of limitations and other affirmative defenses.

Motion for summary judgment granted in slip and fall case at big box retailer.

Claimant alleged our client, a non-profit that trained guide dogs for those in need, violated public accommodation laws. We secured dismissal of that claim based on a defense that the cited laws did not apply to since our client was not a place of public accommodation.

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.

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.

Defended a maternal fetal medicine physician against medical malpractice claims involving the death of a patient following childbirth. The case was tried to a jury during a two-week trial in southern Indiana. The jury heard testimony from eleven physicians from multiple specialties. The jury returned a verdict in favor of our physician client.  

Motion for summary judgment granted in workers' compensation claim for a large bank. The case involved a bank teller who sustained a concussion, post-concussive syndrome, and a protruded lumbar disc from a motor vehicle injury during their lunch break. We filed a motion for summary judgment arguing that because the Plaintiff was on a purely personal mission when they were injured, they were therefore, not in the course and scope of their employment. 

Represented client in FINRA investigation regarding allegations of fraud, misappropriation of funds and securities, unauthorized trading activity, concealment, and misrepresentations. FINRA closed its investigation of our client without any formal (or informal) disciplinary action. 

Obtained a voluntary dismissal of a medical device claim.

Plaintiff demanded right to participate in Ohio’s workers’ compensation fund for knee arthritis. Summary judgment granted on basis of res judicata after Plaintiff failed to exhaust appellate remedies in earlier action. 

Motion for Judgment on the Pleadings granted in favor of healthcare system and medical profesisonals in medical negligence and wrongful death action.

Plaintiff alleged that our optometrist client violated the Eighth Amendment to the United States Constitution. Plaintiff has a presumptive diagnosis of Spinocerebellar Ataxia Type 7 or “SCA7”, a serious inherited disease involving the degeneration of the central nervous system, for which there is no cure or meaningful treatment to stop the delay and progression of the disease.  Plaintiff argued that our client was deliberately indifferent for the incorrect eyewear prescriptions and for failing to have him genetically tested or treated for SCA7.

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.

Obtained directed verdict on all claims for organization in small-claims bench trial involving allegations of defamation, with plaintiff seeking the maximum recovery available under applicable law.

Successful representation of private entity before the South Bend Human Rights Commission and Equal Employment Opportunity Commission on employee claims of race and sex discrimination.

Summary judgment granted on all claims based on the expired statute of limitations and the finding that legal malpractice claims are not tolled until final judgment in an underlying matter.

Motion for Sanctions requesting dismissal of case granted in favor of healthcare system. During litigation, plaintiff failed to adequately respond to discovery requests and failed to comply with the Court’s order compelling adequate responses to discovery.

Plaintiffs filed (1) false imprisonment, (2) premises liability, (3) negligent hiring, (4) negligent infliction of emotional distress, (5) intentional infliction of emotional distress, (6) vicarious liability, (7) respondeat superior, (8) agency by estoppel, and (9) loss of consortium claims against hospital and emergency medicine physician based on allegations that the patient plaintiff was mistreated during his time at the emergency department. Summary Judgment granted in favor of emergency medicine physician on the basis that all claims alleged failed as a matter of law.

Motion for summary judgment granted in favor of trucking client. Plaintiff alleged that our client forced another driver off the road, resulting in significant injuries.

Defended a hotel against claims of negligent security and dram shop liability under KRS 413.241. Plaintiff's negligent security claims were dismissed on summary judgment. Following three days of deliberation, the jury found that the hotel did not violate its standard of care in serving the plaintiff and thus no damages were assessed against our client.

Defended a big box retailer against an alleged premises liability claim involving a slip and fall due to a purported water hazard.

Defended an attorney and Trustee of an irrevocable trust against allegations of failure to properly file income tax returns, failure to diversify investments of the Trust, and other allegations of breach of fiduciary duty. Motion to dismiss was granted due to the terms of the trust which opted out of the duty to diversify and also exonerated the trustee for any conduct that did not rise to the level of willful misconduct. 

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.

Defended an action filed in the Portage County Probate Court by a Trustee of a Trust seeking a right to a determination that certain amendments to a California Trust were invalid. Motion for judgment on the pleadings, citing Lack of Subject Matter Jurisdiction and a statute of limitations defense under California Law, was granted and the action was dismissed.

1983 Claim against a Condominium Association was dismissed for a lack of state action.

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 granted in favor of our agricultural supply company client in a case involving alleged catastrophic damage to a vineyard and winery. Plaintiffs alleged that our client improperly sprayed an herbicide on an adjacent soybean field, and that the chemical improperly drifted onto their vineyard.

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.

Summary Judgment for Nurse Staffing Company after prevailing before the medical review panel and Plaintiff failing to designate proper expert evidence to prosecute the case.

Plaintiff appealed adverse trial court granting summary judgment due to lack of expert witness in medical malpractice claim.

Obtained defense verdict in a claim of catastrophic injuries resulting from surgical complications.

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.

Affirmed decision of trial court on an administrative appeal under R.C. 2506.01 behalf of a local city council accused of violating Ohio’s Sunshine Laws while removing a city police chief for cause after notice and hearing. Because the hearing under R.C. 733.36 is a quasi-judicial proceeding, the Sunshine Laws do not apply and City Council was within its power and discretion to meet in private and consider the evidence before voting to remove the appellant based on his misconduct. Furthermore, the Court rejected the notion that “off duty” conduct of an officer, including the chief of police, cannot be considered by City Council when deciding to remove the individual from office under the Ohio Revised Code.

Judgment affirmed in undue influence case.

Court dismissed all claims (including defamation and unjust enrichment) asserted by a resident against a local municipality and its employees after he was refused access to the city rec center when he refused to wear a mask during the COVID-19 pandemic.

Defense of an insurance broker who secured insurance for a chemical storage tank manufacturer. The tank manufacturer was sued by four plaintiffs alleging injury from exposure to benzene via their faulty tanks with alleged exposure dating back to the 1970’s and 1980’s.

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

Arbitration defense truck repair facility against claim of unauthorized and negligent work.

Successfully defended electronics retailer against claims alleging faulty repair and technical service. 

Obtained dismissal of declaratory judgment action asserted by a former city council member against current city council members for wrongful discharge of his position with Council by successfully arguing that the Plaintiff’s use of a racial slur amounts to misconduct within the confines of the governing Kentucky statute that provides grounds for removal of elected officers, KRS 83A.040.

Obtained a unanimous defense verdict in favor of psychiatrist against medical malpractice claims related to the prescription of an antipsychotic drug.    

Summary judgment granted in favor of retailer after a customer alleged negligent security when an assailant assaulted him and stole his car in the parking lot.   

Obtained defense verdict in a claim of catastrophic injuries resulting from surgical complications.

Summary judgment victory in a Federal 1983 Claim based upon free speech and free speech retaliation by a secretary and a police officer who were involved in the report of a mayor stealing funds.

Secured summary judgment in a Section 1983 claim based on free speech retaliation.

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

An inmate incarcerated in federal prison in Terre Haute, Indiana accused a contract optometrist of being deliberately indifferent to his serious medical needs when he did not rule out stroke when the inmate presented to the optometrist with sudden vision loss and also did not refer him to the hospital. The inmate later suffered a stroke and accompanying damages. The trial dismissed the inmate's case on a Rule 12 motion by finding that a federal, Bivens action cannot be brought against a private entity or individual, even if it is a federal medical services contractor.

Motion for summary judgment granted by Northern District of Ohio in insurance coverage matter regarding the scope of tortfeasor’s employment.

Obtained defense verdict on behalf of an orthopedic trauma surgeon and a Physicians' Assistant.

Defense of wrongful death medical negligence claim involving pulmonary embolism.

Defense of nurse defendant against medical negligence claim involving administration of sodium bicarbonate and calcium gluconate infusions.

Defended amusement park against a class-action lawsuit seeking reimbursement of money paid for season passes due to the park not opening amidst COVID-19. The Erie County Common Pleas Court dismissed all claims. Plaintiff appealed to the Sixth District Court of Appeals, which overturned the trial court ruling. Reminger successfully appealed to The Ohio Supreme Court, which reversed the judgment of the court of appeals and reinstated the trial court’s original judgment.

Plaintiff claimed a mobile shopping cart was negligently designed causing her to fall. Plaintiff suffered a severe humerus fracture that required extensive surgery. Federal Court granted summary judgment after it was proven that Plaintiff had failed to show evidence of a design defect.

Defense of wrongful death involving bacterial pneumonia and MRSA.

Petition for Preliminary Determination Granted to Compel/Dismiss for failure to comply with Court orders after receiving transfer of the file from another law firm.

Defense of wrongful termination and tortious interference claim

Judgment on the Pleadings granted in favor of group home residential facility on several basis, including (1) failure to submit legally sufficient affidavit of merit, (2) the statute of limitations for medical claims and wrongful death claims, (3) the statute of repose, and (4) the Ohio savings statute’s inapplicability in this re-filed action.

Summary Judgment for Dental Practice based on the failure to timely file the complaint.

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.

Defended ER physician who was alleged to have negligently failed to diagnose an aortic dissection.

Defense of orthopedic surgical malpractice claim.

Defense of legal malpractice claim.

Obtained motion for summary judgment in commercial litigation case involving concealment of assets, fraudulent transfers, and other improper conduct. After written discovery and several depositions, the trial court granted summary judgment in favor of our clients, as well as other defendants. The trial court subsequently awarded the reimbursement of attorneys’ fees in the amount of $25,000 to our clients after finding that Plaintiff’s continued prosecution of the claims (after the completion of discovery) was frivolous. 

Prosecution of fraud and forged documents claim.

Defense of a wrongful death claim involving an emergency room physician.

Successful representation of governmental entity before the Equal Employment Opportunity Commission on claims of employment discrimination.

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.

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

Defense of construction company and its employee backhoe driver against claims of negligence.

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.

Obtained defense verdict in medical malpractice action related to alleged negligent performance of bunionectomy.

Obtained dismissal in employment action alleged hostile work environment on grant of motion for judgment on the pleadings.

Obtained dismissal in medical malpractice action alleging negligent preparation of death certificate on motion to dismiss.

Obtained voluntary dismissal in an employment law matter alleging age discrimination.