Results

In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.

Defense of mayor in case involving removal of vehicles and equipment

Successfully briefed and argued appeal of summary judgment on client’s behalf in personal injury claim.

Defense of emergency medicine malpractice claim in 6-day jury trial alleging failure to diagnose soft tissue infection resulting in gangrene, multiple surgeries, and permanent injury.

Early dismissal of Vermont based Executor of the Estate in plaintiff’s legal malpractice and conspiracy claim, finding attorney did not avail the privileges and protection of Ohio by participating in disciplinary investigation.

Defended internal medicine/ attending physician in case alleging wrongful death of 33 year old high school track coach from pulmonary embolus.

Plaintiff filed a lawsuit against our insurance agent client, alleging that the insurance agent recommended unsuitable insurance products and committed fraud through alleged misrepresentations and omissions in presenting the products to the client. We successfully defended the insurance agent and obtained a complete dismissal of all claims.

Defense of wrongful death suit alleging failure to adequately treat pulmonary embolism in a 36-year-old man.

Plaintiff alleged negligence against the operator of an exercise facility.

Defense of fraudulent misrepresentation claim.

Successfully obtained summary judgment on behalf of an insurance agent and insurance carrier facing claims of negligence and breach of contract, respectively.

Defense of legal malpractice claim against appellate attorney alleging a failure to object to the State's submission of inadmissible exhibits into the appellate file.

Represented professional services assistance program alleged to have violated plaintiff's constitutional civil rights.

Defense of insurance agent E&O claim arising out of motor vehicle accident.

Represented plaintiff in breach of contract and conversion case against contractor for failing to perform adequate demolition work in a timely manner.

Former client-business owner brought a legal malpractice lawsuit against former attorney for alleged deficiencies in the handling of a business dispute and probate matter.

Summary Judgment granted in Boone County Kentucky Circuit Court on claims of fraud and negligence asserted against real estate agent for failure to disclose mold contamination.

Represented staffing service company in charge alleging termination as result of a disability.

Claimant alleged a work-related shoulder injury resulting in surgery. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account and secured a complete dismissal of the claim.

Defense of claims of wrongful termination and withholding of compensation   

Defense of school district before the U.S. Department of Education, Office for Civil Rights in case involving claims of disability discrimination and retaliation which resulted in a finding of no probable cause and dismissal of the charge.

Plaintiff alleged negligence against a warehousing entity for whom he was performing work on a forklift.  Plaintiff was precluded from bringing a claim against the Defendant because it constituted a “joint employer” under Indiana’s Worker’s Compensation Law; thus, Plaintiff’s remedy was limited to worker’s compensation benefits through his staffing agency employer.

Powell v. Medical Department Cuyahoga County Correctional Center

Appeal of a civil rights lawsuit against prison healthcare providers.

Successfully challenged an ATF effort to revoke clients’ explosives licenses due to a theft and loss of explosives. Represented the clients before the ATF in Washington, D.C. ultimately negotiating a successful resolution for the clients that allowed them to maintain their licenses, avoid revocation / suspension, and avoid the cost of proceeding to an administrative hearing and potential appeal to federal circuit court.

Defense of employment discrimination claim.

Defense of medical malpractice claim alleging failure to timely diagnose recurrence of cancer.

Granting motion for judgment on the pleadings filed on behalf of county jail medical care provider because deliberate indifference claims brought under 42 U.S.C. 1983 were time barred as a matter of law, and tolling/relation back doctrines did not apply to save Plaintiff's claims.  

Plaintiff alleged negligence against our client on the theory of respondeat superior. 

Reversing judgment of trial court dismissing plaintiff’s medical malpractice action for lack of an affidavit of merit.

Plaintiff filed a lawsuit against our banking client, alleging the bank improperly handled the collection on a loan. We successfully argued that the bank acted properly under the loan documents and applicable law, and obtained complete dismissal of all claims.

The plaintiff claimed that the cardiologist failed to diagnose an acute aortic dissection resulting in her husband’s death. Following a three-week long jury trial with numerous experts, the jury returned a verdict in favor of the defendant cardiologist.

Obtained directed verdict against two children who had been disinherited from their mother’s estate and trust after 4 days of jury trial in a high value/high stakes will and trust contest.

Defense of individual involving claims of hostile work environment, disability discrimination, and retaliation.

Defense of obstetric medical malpractice claim alleging severe neurologic birth injury

Defense of claim alleging wrongful death against a nursing home

Defense of medical malpractice claim alleging damages including lost future wages   

Defense of wrongful death medical malpractice claim

Claimant sought TTD and permanent income and medical benefits as a result of an alleged thoracic injury from lifting at work. Defense counsel presented testimony from the employer and multiple other lay witnesses regarding claimant’s activities following the incident, resulting in a finding of a temporary strain with no award of additional benefits.

Raymond Hayes & Dena Hayes v. D.C.I. Properties-D KY, LLC and the Nelson Stark Company

Defense of appeal of summary judgment involving the attractive nuisance doctrine.

Alford v. Arbors at Gallipolis

Nursing Home Arbitration Agreement enforced by trial court and affirmed on appeal where the Court found the daughter, who was not the patient’s power-of-attorney, had apparent authority to sign contract for her father.

Following bench trial to the Probate Judge, successfully obtained court order, over beneficiary’s objection, a) approving institutional Trustee’s accounting and b) releasing Trustee for its conduct including payment of fiduciary fees and its litigation attorney fees, and for making loan to beneficiary secured by beneficiary’s fraudulent representation to the institutional Trustee.

Trial defense of claims of dental malpractice  

Arbitration defense of personal injuries related to negligent application of cosmetics by an employee.

Defense of township fire department before the OCRC in case involving claims of discrimination which resulted in a finding of no probable cause and dismissal of the charge

Obtained a judgment in the amount of $3 million in an insurance coverage dispute.

Defense of podiatric malpractice claim of unnecessary surgery

Claimant sought permanent income and medical benefits as a result of a low back injury. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account, resulting in a finding of a temporary strain with no additional benefits awarded.

Defense of premises liability personal injury claim

Defense of personal injury and property damage claim and alleged negligence, assault and battery and conversion.

Defense of medical malpractice claim for alleged failure to diagnose subdural hematoma.

Arbitration defense of property damage claim

Defense of emergency room wrongful death claim involving drug overdose

Defense of negligence deception, and criminal conversion, alleging that the estate was entitled to punitive damages based on transfer of decedent’s funds

Defense of legal malpractice case alleging conspiracy

Defense of property damage claim

Claimant sought TTD, PTD and medical benefits as a result of an alleged shoulder injury and total shoulder replacement. Defense counsel introduced medical evidence of a pre-existing condition and testimony from the employer undermining the claimant’s account, resulting in a complete dismissal.

Arbitration defense of Consumer Sales Practices Act violation allegations against selling car dealer

Defense of premises liability action

Arbitration defense of personal injuries and property damage resulting from an automobile accident

Fire subrogation property damage claim

Defense of wrongful death claim involving a terminal airway obstruction resulting in cardiopulmonary arrest. 

Defense negligence claim brought by a Plaintiff who asserted that she sustained an electrical shock while occupying a fair ride operated by client.

Defense of local store of national pet care franchise against allegations of injury to pet  

Defense of property damage claim arising out of alleged golf cart operational negligence

Defense of medical malpractice in alleged missed diagnosis of stroke

Defense of medical malpractice claim arising from abdominal hysterectomy

Defense of emergency department physician alleging failure to timely diagnose and appropriately treat myocardial infarction.

Defense of insurance agent E&O claim

Defense of medical malpractice claim involving shoulder dystocia during delivery resulting in a permanent brachial plexus injury

Claimant sought TTD, PTD and medical benefits as a result of a complicated infection allegedly arising out of a work-related fall and scratch. Defense counsel introduced medical records and testimony from multiple lay witnesses refuting the claimant’s counsel, resulting in a complete dismissal.

Claimant sought TTD, PPD and medical benefits as a result of an alleged work-related shoulder injury. Defense counsel presented evidence undermining the claimant’s credibility, resulting in a complete dismissal of her claim.

Defense of coffee maker distributor.