Results

Represented mental healthcare provider in professional liability claim.

Race discrimination, retaliation, and First Amendment retaliation case filed in federal court against a school district and several administrators.

Defense of a DNA testing and reporting entity on claims that pre-natal paternity testing results were fraudulently misrepresented to Plaintiff, and related claims for loss of parental consortium on behalf of minor plaintiff. Motion for Judgment on Pleadings was granted in favor of client on all claims, as Plaintiffs’ claim for fraudulent misrepresentation was not plead with sufficient particularity, and claim for loss of parental consortium did not exist under applicable law.

Obtained a determination of no probable cause in client’s favor against allegations of race discrimination.

Summary judgment granted in favor of a mobility company on negligence claims.

Defense of a police officer against an abuse of process claim.

Defense of nursing home facility against claim of intentional infliction of emotional distress for its efforts to collect on a past-due account. 

The Kentucky Court of Appeals reversed the trial court's deciosion and granted our motion to dismiss a claim for legal malpractice against a guardian ad litem in the Kenton County Circuit Court. On February 22, 2022, the Kentucky Supreme Court denied discretionary review of the case.

Obtained a determination of no probable cause in client’s favor against allegations of sex discrimination. Successfully represented client on reconsideration hearing.

Represented addiction treatment center in professional liability claim.

Obtained a determination of no probable cause in client’s favor against allegation of disability discrimination based on administration of drug test policy.

Represented client during Ohio Attorney General’s Office investigation concerning charitable spending, obtaining a dismissal of the investigation with a finding of no wrongdoing.

Obtained Dismissal in Supreme Court Mandamus Action against two Judges over alleged failures to provide a victim statutory rights.

Plaintiff filed a lawsuit against our investment professional client, asserting various claims arising out of the recommendation of an annuity. We successfully argued the claims were time-barred, and further argued that the Plaintiff failed to state a claim under various securities/criminal statutes. The District Court agreed and dismissed all claims against our client. Additionally, the District Court deemed the Plaintiff a vexatious litigator under Federal law, and enjoined the Plaintiff from filing any new actions unless he sought permission from the Court in advance.

Represented Plaintiff in pursuit of a VSSR award.

Defended various medical providers against claims of medical negligence. Judgment on the Pleadings granted pursuant to the Statute of Repose. 

Defense of neonatologist in medical malpractice claim alleging breach of standard of care which led to delay in treating necrotizing enterocolitis and bowel perforation in a premature baby.

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.

Defense of emergency medicine physician against wrongful death/medical negligence claim.

Successfully obtained partial summary judgment on “no pay, no play” statute establishing that the plaintiff is only entitled to economic damages arising out of a motor vehicle accident.

Obtained a determination of no probable cause in client’s favor against allegations of unlawful retaliation.

Successfully defended client regarding anti-discrimination housing policy.

Represented auto repair shop in negligence case.

Defense of police department against sexual harassment claim.

Defense of medical malpractice claim involving the negligent insertion of a Foley catheter and catheter guide which led to bladder perforation and permanent injury.

Defense of retailer in trip and fall case at distribution center.

Represented staffing agency in claim of sex discrimination and retaliation. 

Represented car dealership in charge alleging discrimination based on race, sex and retaliation. 

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.