Results

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.

Obtained summary judgment in favor of divorce attorney in a legal malpractice case.

Defended roofing and siding company against claims of violations of the Consumer Sales Practices Act, Home Construction Service Act, Home Solicitation Sales Act, negligence, breach of contract and unjust enrichment. 

Successfully represented a client in a dispute against a university foundation over the right to receive residue from a trust. After overcoming summary judgment, we negotiated settlement for our client to receive a sizeable inheritance from his aunt’s trust where he otherwise would have been cut out entirely.

Obtained defense verdict in favor of chiropractor. Plaintiff alleged that they suffered a cervical herniation and fracture as the result of negligent chiropractic care.

Plaintiff sued for premises liability and filed within statute of limitations but failed to properly serve big box store for over a year, which entitled defendant to a dismissal with prejudice under the civil rules.

Defended bog box retailer against a customer's claims of negligent infliction of emotion distress and intentional infliction of emotional distress based upon witnessing a self-harm incident at the store while present as a contractor supplier.

Motion for Summary Judgment granted in favor of jail medical providers where defendants demonstrated that plaintiff could not prove deliberate indifference claims under Section 1983 related to care provided to plaintiff while incarcerated.

Obtained a defense verdict in favor of airline in a small claims trial.

Defended mental health practice againstclaims of breached confidentiality.

Obtained summary judgment in favor of winery, dismissing plaintiff’s negligence claims with prejudice. 

A quarry owner and asphalt producer directed our blasting contractor client to conduct blasting within 20-25 feet of its asphalt plant, with knowledge that the blasting activity conducted there would present a risk to the plant. When the plant was damaged from blasting activities, it sued our client, claiming that the contractor should be strictly liable. We argued that strict liability should not apply to these circumstances, because the stated rationale for applying strict liability is to blasting cases is to protect innocent third parties who do not benefit from the blasting activities, which does not apply to these facts. The trial court agreed and the Court of Appeals upheld the decision.

Obtained summary judgment in favor of attorney.

Arbitration for recovery of PIP benefits arising out of an alleged commercial motor vehicle collision.

Obtained Summary Judgment on behalf of client car dealership and General Manager on customer allegations of race discrimination, breach of Magnuson Moss Warranty Act, and breach of the Indiana Deceptive Practices Act.

Represented client in FINRA arbitration to expunge defamatory statements from a Form U5 termination notice. The arbitration panel ordered that all negative references be expunged from our client’s record and also awarded a partial reimbursement of attorney fees.

Obtained defense verdict in favor of a primary care physician in a case involving the death of a patient.

Defended nursing services provider against claim of employment discrimination based on sex and pregnancy. Claim was investigated and dismissed by the EEOC.

Represented big box retailer and auto service provider against a complaint for property damages to a vehicle arising out of an allegedly faulty maintenance and oil change. 

Successful defense of employer on all negligence claims arising from a motor vehicle accident in Nelson County.

Plaintiff brought suit against our client property management company and homeowners association alleging that her home was in need of repairs that were to be completed by the homeowner’s association. The Court ruled in the Defendant’s favor based on the business judgment afforded to the homeowner’s association in their bylaws and covenants. The Court also ruled in the Defendant’s favor based on a small claims court inability to award injunctive relief. 

Plaintiff alleged claims of legal malpractice, fraud, civil conspiracy, IIED, and unlawful acts intended to violated plaintiff’s 4th, 5th, and 6th amendment rights related to our client's legal representation of Plaintiff. Plaintiff filed his claims outside of the 1 year statute of limitations for legal malpractice and all related claims were subsumed into the legal malpractice claim and were barred as untimely. 

Obtained summary judgment and appellate win for a physician and surgical group. The physician was accused of negligently reporting elder abuse. Indiana has a statute that creates immunity for such actions in certain circumstances. There is very little case law to explain the scope and exceptions to the immunity. The Trial Court agreed that immunity applied. The plaintiff appealed and the Indiana Court of Appeals affirmed.

Obtained defense verdict in favor of a physician in a case involving significant injuries.

Obtained voluntary dismissal in a commercial litigation matter.

Obtained a favorable settlement in an accounting malpractice matter related to alleged negligent preparation of tax returns.

Multiple claimants filed charges of unlawful employment discrimination against our client, triggering the EEOC opening an investigation into systemic discrimination. We successfully defended our client through dismissal of the investigation, which spanned over eighteen months.

Obtained a dismissal for a hospital and an orthopedic resident.

Defended big box retailer in slip-and-fall action related to tracked in water hazard at entrance of the store premises. We successfully had a set of requests for admissions deemed admitted by the Court, which negated any claims for alleged negligence or premises liability against the client. Thereafter, we successfully moved for summary judgment, incorporating the admissions of plaintiff that had previously been deemed admitted. The client’s motion for summary judgment was granted, dismissing all claims.

Defended a spine surgeon who allegedly caused brain injury by failing to diagnose a dural tear.

Summary judgment granted in favor of our marine consulting clients with a subsequent award of $25,000 in attorneys’ fees under Ohio’s frivolous conduct statute. Plaintiff appealed to the 6th District court of appeals, and the sanctions award was upheld on appeal.

Secured a dismissal in favor of a township in the Fifth District Court of Appeals. The Plaintiff was injured when they swerved off a county road, which was gravel, onto an embankment. They alleged our client was liable since an employee was operating a tractor that was in the process of grading the road. They claimed our client’s negligent positioning forced them off the road, causing injuries. Below, we secured dismissal in our client’s favor based on political subdivision immunity. The Fifth District affirmed that dismissal on two grounds. First, it held the township employee was engaged in the governmental function of grading the gravel road, which the township was statutorily duty-bound to perform. And second, the employee’s tractor was not an obstruction. As such, the township preserved its entitlement to immunity under R.C. 2744.03.

Motion for partial summary judgment granted, limiting damages, in an environmental professional liability case due to a limitation of liability clause in the contract. 

Defended social services organization against claims of violating rights under HIPAA, violating FOIA, making a false police report, and violating civil rights. Plaintiff’s claims were dismissed for failing to state a valid claim as required by the civil rules.  

Obtained dismissal of all professional negligence claims asserted against out-of-state law firm arising from an underlying Colorado workers’ compensation matter.

Obtained summary judgment in favor of local city and police department on Constitutional Rights claims brought under 42 U.S. Code § 1983 based on allegations of deprivation of civil rights stemming from police officer encounter with a citizen.

Motion for summary judgment granted in will contest case.

Obtained motion for judgment on the pleadings on our request to invalidate a quit-claim deed that deprived our client’s interest in the real property he would have otherwise received through the decedent’s Will.  

Obtained defense verdict in a two-day personal injury and UIM jury trial arising from a multi-vehicle collision which involved a fatality.  

Argued a first impression case in front of the Indiana Court of Appeals to uphold the trial court’s determination that strict liability does not apply to our client’s blasting activities, where blasting was conducted in a quarry at the direction of the quarry owner.

Plaintiff claimed negligence causing property damage resulting from a tree being blown over from her neighbor’s property onto her personal vehicle. 

Defended an orthopedic surgeon against claims of negligence in performing including a left hand compartment fasciotomy, decompression of left wrist carpal tunnel, exploration with tagging of lacerated tendons, and left wrist arthrotomy.

Represented a landlord in a dispute with a tenant regarding items allegedly damaged during a flooding event. After initially taking the matter under advisement, the Magistrate denied Plaintiff all relief and dismissed Plaintiff’s complaint with prejudice.

Obtained summary judgment in favor of HOA Board and Property Management Company on claims for violations of Constitutional Rights, Injunctive Relief, Excessive Fines, and Intentional Infliction of Emotional Distress.

Summary judgment granted in favor of condominium owner and property management company in a case of first impression involving whether there is a constitutional right to smoke within a residential condominium unit. 

Defended retailer against traditional claims of negligence/premises liability.

Defended a real estate title company in an action for malpractice and professional negligence arising out of an allegedly improper real estate transfer. Plaintiff asserted damages in the six figures for a purported loss in property value arising from the alleged errant transfer. Upon receiving the Complaint, we timely prepared a Motion to Dismiss, arguing Plaintiffs failed to state a claim for malpractice and professional negligence against our client. More specifically, based upon the contract documents attached to Plaintiffs’ Complaint, it was clear from the face of the Complaint that our client was not in privity with the Plaintiffs and owed no duty. Further, under Ohio law, a title company cannot be held liable for legal malpractice. Upon oral argument, the Court ruled from the bench and granted Lawyers Title’s Motion to Dismiss without further delay. 

Represented a client in a regulatory investigation by FINRA for more than two years in connection with a purported failure to supervise the actions of a registered representative allegedly engaging in extensive misconduct involving the marketing and sales of variable annuity products. After over a dozen rounds of discovery, the production of tens of thousands of pages of documents, numerous witness interviews, and extensive discussions with FINRA enforcement personnel, FINRA reported that it is closing its investigation without pursuing enforcement or sanctions against our client.

Defended a medical malpractice case in which plaintiffs claimed paralysis was caused by a negligently performed spine surgery.

Summary judgment obtained in favor of retailer in a wrongful death case.

Motion for summary judgment granted in favor of a large commercial real estate entity.

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.