Results

Obtained a determination of no probable cause in client’s favor in defense against allegations of disability discrimination based on reasonable accommodations concerning modifications to employment at the onset of COVID-19 pandemic.

Defense of retailer in trip and fall case.

Defense of retailer in slip and fall case at local store.

Defended retailer in property damage claim.

Affirming trial court’s dismissal of wrongful death claim filed after the expiration of the medical malpractice statute of repose.

Defense of claim alleging negligence on premises of big box retailer. 

Successful appeal of trial court order denying motion for summary judgment.

Defense of claim of breach of contract and contribution on long-term care contract.

Plaintiffs filed a lawsuit against our safety compliance consultant client, alleging intentional spoliation of evidence in connection with a workplace injury and workers’ compensation claim. We successfully argued that the consultant acted properly under applicable Iowa law and that Iowa does not recognize a claim for intentional spoliation, and obtained complete dismissal of all claims through a motion to dismiss.

Summary judgment granted in favor of Township Trustees on claims of employment and pay discrimination.

Defense of behavioral health facility medical malpractice claim.  

Obtained a disallowance of unemployment compensation in client’s favor against former employee who was terminated with just cause.

Plaintiff filed a lawsuit against our insurance and financial services client, alleging misrepresentation of policy coverage related to a motorcycle. We successfully argued that our client acted properly under applicable Iowa law, and obtained complete dismissal of all claims through the granting of our motion for summary judgment.

Represented urologists in a case involving complications with a penile implant surgery.

Reversing judgment of district court granting summary judgment in favor of defendants and remanding to state court.

Affirming judgment of district court granting summary judgment in favor of defendant corporation on plaintiff’s breach of contract, unjust enrichment, and promissory estoppel claims.

Affirming judgment of district court entering a jury verdict in favor of defendant medical provider and professional corporation on plaintiff’s claims for medical negligence and related claims.

Affirming judgment of district court granting summary judgment to defendant medical providers on claims of medical malpractice and constitutional violations.

Affirming judgment of district court granting summary judgment in favor of defendants on legal malpractice claim.

Affirming judgment of district court dismissing plaintiff homeowners claim of inhabitability.

Determining that, in those cases where an intentional act is substantially certain to cause injury, determination of an insured's subjective intent, or lack of subjective intent, is not conclusive of the issue of coverage).

Holding that federally mandated MCS-90 endorsement to a commercial trailer's policy obligated the insurer to indemnify the driver and owner of the tractor.

Holding that parents have the authority to bind their minor children to exculpatory agreements in favor of volunteers and sponsors of nonprofit sport activities.

Holding that the terms of employment not the provisions of W.Va. Code 21-5-1(c), determine whether fringe benefits have accrued so as to be included in the term "wages").

Affirming and reversing in part judgment of trial court granting plaintiff’s motion to compel and ordering in camera inspection of compelled discovery.

Represented real estate agent in professional liability claim.

Plaintiff claimed mental health agency performed deficient psychiatric exam resulting in his incarceration, defamation, and emotional distress.

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.

Represented factory in in charge alleging age discrimination.

Successfully resolved a $7M arbitration claim in a construction dispute in Los Angeles, California which resulted in no payment to the claimant and a sizeable recovery for the firm’s client.

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

Defended mortgage loan servicer against claims of improperly collected money.

Defense of fast food restaurant against claims of negligence and products liability.

First of its kind defense of Prosecutor and Clerk of Courts for publicly making a Plaintiff’s personal driver’s license and date of birth information available. 

Summary judgment for Defendant following Plaintiff’s failure to timely respond to Requests for Admission regarding liability defenses in accident involving police cruiser.

Defense of appeal of trial court and Appeals Court orders enforcing arbitration of claims against assisted living facility.

Defense of alleged property damages and theft from a moving company.

Insurance broker negligent procurement claims related to commercial property coverage prior to substantial fire loss.

Holding that a plaintiff did not need to show that an employee had been adjudicated civilly liable or had been found guilty of a crime in order for the plaintiff to maintain a negligent hiring, retention, or supervision claim against an employer

Motion to Dismiss granted in a negligence action where Plaintiff alleged he was injured by a lightning strike.

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

Defense of Title VII employment discrimination claim based on race.

Defense negligence claim brought by a Plaintiff who asserted she slipped and fell on a hazardous liquid substance at client’s convenience store.

Defense of worker’s compensation case wherein Claimant filed an appeal to a denial of right ear Eustachian tube dysfunction.

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.

Motion for summary judgment granted in favor of nursing home against employee claims of age discrimination and retaliation.

Dismissed appeal for lack of jurisdiction because Bankruptcy Appellate Panel’s order remanding for completion of liability phase was not final for purposes of 28 U.S.C. § 158(d)(1).

Plaintiff filed suit for wrongful termination in violation of Ohio’s Whistleblower Protection Act and in violation of public policy, contending her termination was a result of her decision to report a coworker for perceived time theft and inappropriate use of a credit card. In reality, Plaintiff’s position was eliminated as the owners streamlined their operations through digital and technological upgrades. The defense moved for and was granted summary judgment on the grounds that (1) the Ohio Whistleblower Protection Act is meant to protect public, not private, harm; (2) Plaintiff could not establish a prima facie case under the Ohio Whistleblower Protection Act; and, (3) Plaintiff could not establish a prima facie case of wrongful discharge in violation of public policy.

Plaintiff was employed as a House Manager for Michael Browning and his family (Owner of Browning Investments). Plaintiff claims she was entitled to four weeks of severance pay after she was terminated pursuant to her employment agreement. Defense denied that she was entitled to severance because she was fired for poor job performance, which precluded her entitlement to the severance under the contract.  Judge ruled in favor of Defendants and Plaintiff took nothing by way of her Complaint.  

Defense of alleged damages as a result of eviction from residential property.

Summary judgment granted for our client, a Hotel, in a negligence action where Plaintiff alleged that he slipped and fell in the lobby.

Granting of Motion for Judgment on the Pleadings and dismissing Plaintiff’s legal malpractice claim on the basis that the attorney-defendant owed no duty to Plaintiff to object to a sentence arising out of a probation violation when Plaintiff committed non-technical violations of her parole.

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

Defense of company in store security case. Motion for summary judgement granted in favor of company after Plaintiff alleged that the company did not protect her from an assault.

Defense of claim alleging negligence to properly maintain store entrance from accumulation of ice and snow.

Successfully obtained summary judgment for life insurance agency for failing to procure and maintain life insurance for the plaintiff’s deceased husband based on the expiration of the statute of limitations.

Plaintiff alleged that he sustained injury after he slipped and fell in a bathtub.

Defense of premises liability personal injury claim.

Obtained summary judgment on behalf of nurse who was alleged to have been deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery.

Plaintiff appealed granting of dismissal based on statute of limitations.

Defense of a police excessive force case.

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

Defense of property damage claim arising from claimed homeowner negligence.

Defended insurance company in alleged wrongful termination in violation of public policy.  The Court granted summary judgment finding no violation occurred.

Defended hospital in claim filed related to labor and delivery.  Judgment entered in favor of hospital.

Defense of claim alleging that a homeowner failed to properly secure "portable garbage" to the ground, resulting in property damage.

Appealed trial court judgment dismissing school board’s claim regarding sharing of tax revenue.

Defense of employment discrimination case.

Plaintiff underwent two level lumbar spine fusion performed by our neurosurgery client and subsequently claimed unremitting permanent pain from a cage/ spacer migrating into her spinal canal. Plaintiff claimed neurosurgeon failed to timely order appropriate tests and perform subsequent surgery to remove the cage, causing it to be permanently located in the spinal canal, resulting in permanent severe pain and disability.

Landmark decision on ability of government employees to contract with their employer.  Represented Spencer Township in appeal to reverse a judgement regarding a breach of contract on behalf of a terminated Fire Chief. The Court found that the contract was null and void and not enforceable and judgment was entered in favor of the Township.

Plaintiff’s premises liability claim dismissed against retailer for damages incurred as a result of striking pothole in parking lot.

Summary judgment granted in favor of school district, administrators, and teachers on negligence claims involving an individualized education plan, supervision, and staffing levels

Summary judgment on gender discrimination and retaliation claims upheld involving a female police officer who was terminated at the end of her training phase

A defendant appealed the unanimous jury verdict which overturned the decedent’s last will and testament. The appellate court, in a unanimous decision, found there was ample evidence at trial supporting a finding that the will was the product of undue influence. As a result, our clients will share equally in their mother’s estate.

Successfully obtained summary judgment on behalf of insurance company regarding coverage dispute.

Granting defendant summary judgment on plaintiff’s claims for declaratory judgment, breach of contract, and bath faith.

Plaintiff alleged that she sustained water damage to her basement as a result of construction (storm drainage) work performed in the neighborhood by construction company.

Defense of neurointerventional radiologist alleging negligence in treatment of a stroke.

Holding that a post-verdict juror letter could not be considered when ruling on a motion for a new trial because the letter evidenced a statement concerning a matter about which the juror was precluded from testifying under Evid.R. 606(B), and it could not be used to impeach the verdict.

Claimant sought VSSR award as a result of a forklift incident. The claim for additional benefits was denied after hearing, as was a motion for rehearing. No mandamus appeal. 

Plaintiff appealed granting of summary judgment in claimed employment discrimination based on disability and retaliation for request an accommodation.  

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.

Motion for summary judgment granted in favor of employer against employee claim of wrongful discharge in violation of public policy.

Obtained summary judgment in favor of hospital on medical malpractice claim related to the treatment of infectious diseases.

The Plaintiff had complained that his civil rights were violated with respect to his medical treatment in jail. The court granted summary judgment finding that he had not met his burden to show that they exercised deliberate indifference in his medical treatment  

In a unique question of Ohio and Michigan law, we won summary judgment determining that a will executed, although never probated, in Michigan was not effective to transfer assets out of an Ohio Trust. As a result, our clients inherited a share of their father’s trust rather than it distributing solely to their step-brother.

Defendant mental health services and housing to individuals with mental health issues. Defendant filed an eviction case against the resident Plaintiff for non-payment of rent. Plaintiff filed a pro se Counterclaim alleging entitlement to the security deposit, as well as alleging property damage and physical injury. Eviction was granted and magistrate dismissed Plaintiff's counterclaim.

Represented an individual Defendant in defense of a will contest. The case was originally dismissed on a motion for summary judgment, then remanded for trial. At the conclusion of Plaintiffs’ case in chief to the Jury, we along with the other defense team members, successfully won a motion for directed. This appeal addressed significant evidentiary issues and, in the process, affirmed the trial court.

Summary judgment granted in favor of school district on claims of copyright and trademark infringement

Successfully challenged MSHA citation on behalf of a blasting client, resulting in a reduction of assessed negligence and a significantly reduced fine.