Results

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.

Obtained a favorable settlement in an architectural malpractice matter.

Motion to dismiss granted in favor of escrow agent based on lack of contractual or tort duty to inform prospective seller of required inspections prior to closing of real estate transfer.

The Third District Court of Appeals affirmed the trial court’s grant of summary judgment in favor of our clients, a board of education and baseball coach, based on political subdivision immunity.

Petition for Preliminary Determination Granted to Compel/Dismiss for failure to comply with Court orders. 

Succesfully defended big-box retailer in a premises liability case alleging active negligence of employee. 

Motion for partial summary judgment granted in favor of employer against retaliation and contract/quasi-contract claims.

Prosecution of commercial litigation to enforce arbitration award.

Defense of wrongful death as to the placement of pediatric cardiology device.

Summary judgment granted in favor of large financial institution/trust company and portfolio manager in a securities/trust dispute. 

Affirming the trial court’s grant of summary judgment in favor of defendant law firm and individually named attorneys concerning the handling of an underlying complex business dispute and multi-million dollar property transaction.

Court of appeals upheld summary judgment regarding expert witness testimony requirements in legal malpractice matter. 

Defense of breach of contract and fraud claims.

Succesfully represented a fire investigator accused of negligence, civil conspiracy and malicious prosecution. The investigator was alleged to have issued an erroneous investigation report which determined that the housefire was arson and resulted in the Plaintiff’s wrongful indictment for arson. The Warren County Court of Common Pleas granted our motion for summary judgment on the issue of a lack of duty to the carrier’s insured, as well as immunity for cooperation with law enforcement investigations.

Claimant was a 64-year-old high wage-earner and long-term employee seeking permanent total disability award following shoulder surgery that precluded him from returning to work as a professional truck driver.  A PTD award had a value over $300,000.  At the close of mediation, the claimant’s final demand was $184,000 and the employer drew the line at $150,000.  The claim was submitted for determination and the administrative law judge agreed the claimant was only partially disabled, resulting in an award worth $130,000.

Obtained a defense verdict in favor of individual business owner and two businesses who were being pursued for breach of contract, breach of fiduciary duty, fraud, among other claims, by Plaintiffs who were seeking nearly $2.0 million in damages. 

Defense of governmental liability claim for denial of zoning permits and civil rights violations.

Successfully defended dental client in small claims case.

Plaintiff was injured when he was struck by a waste cart that had rolled off of a platform located on the outside of a manufacturing facility in Georgetown, KY. The Plaintiff filed suit against he manufacturing company, a staffing agency, and a temporary worker. Summary Judgment was granted in favor of the temporary worker and the staffing agency as they did not have sufficient control of the premises to be liable.

Successfully intervened on behalf of heir into administration of estate opened on false grounds that decedent died intestate in Ohio when in fact she died in Mississippi and with a Last Will and Testament. 

Summary judgment granted in favor of big-box retail client where a customer alleged negligent security when an assailant pulled a weapon on him.

Defense of medical negligence during bunionectomy.

Summary judgment granted in favor of our community facility client in case of alleged negligence, intentional infliction of emotional distress, and loss of consortium.

Obtained motion for summary judgment in favor of rental property owners when Plaintiff alleged that a hazardous condition existed on the property which led to an injury. 

Defense of legal malpractice claim.

Obtained summary judgment granted in favor of law firm and attorney in legal malpractice case.

Defended orthopedic surgeon in federal court for claims related to carpal tunnel release and ulnar nerve decompression.  Summary judgment granted in favor of physician.

Claimant was seeking permanent income and medical benefits as a result of a low back, hip and leg injury.  He was specifically seeking coverage for lumbar surgery.  Counsel was able to utilize surveillance and medical records documenting prior lumbar radiculopathy effectively to undermine the claimant’s credibility and secure an opinion dismissing the low back claim and limiting liability to an award for 2% impairment and future medical treatment of the leg alone.  The decision allowed for a post-award settlement on a full and final basis on favorable terms.

Plaintiff alleged that he was assaulted while making a delivery to a manufacturing facility in Bowling Green, KY. The Plaintiff claimed that Defendant, a trucking company employee, assaulted him after a dispute arose regarding where the Plaintiff had parked his tractor trailer. Defendant claimed it was self defense and the Plaintiff threw the first punch. Unanimous defense verdict in favor of our trucking company client.

A published decision affirming the federal district court’s dismissal of a complex legal malpractice claim stemming from the settlement of a state law insurance coverage dispute.

Affirming trial court’s dismissal of workers’ compensation claim for alleged COVID-19 exposure.

Defense of wrongful death following a fall in the hospital.

Succesfully defended our drilling and blasting client against claims of breach of contract and alleged inadequately performed blasting work. The court granted our client summary judgment, dismissed all of Plaintiff’s claims, and awarded our client all of its attorney fees and costs.  

Defense of trucking company against punitive damages claim and direct claims of negligence.

Successful defense on a claim where the Plaintiff was alleging a zoning decision violated the Americans with Disabilities Act, the Fair Housing Act and the U.S. Constitution.

Claimant was seeking permanent income and medical benefits as a result of lumbar radiculopathy.  Through diligent investigation into her prior medical history and post-injury employment with another employer, which the claimant failed to disclose to the carrier, counsel secured an award of temporary benefits, which were offset entirely by the combination of temporary total disability benefits already paid and the claimant’s post-injury wages from other employment, resulting in no additional liability for the employer.

Obtained dismissal of malicious prosecution and First Amendment 1983 claim against a prosecutor.   

Court of appeals affirmed trial court ruling the statute of repose barred a wrongful death claim.

Obtained dismissal of breach of contract complaint for lack of personal jurisdiction.

Sixth Circuit Court of Appeals affirmed the district court’s dismissal of Plaintiffs’ federal housing discrimination claims against a condominium association and its individual Board members.

Defended hospital in claim filed by visitor who tripped and fell in hospital hallway.  Summary judgment granted in favor of hospital.

Appellate court affirms trial court’s motion for summary judgment in medical malpractice case alleging delayed cancer diagnosis.

Defense of surgical medical negligence, lack of informed consent, battery, and fraud.

Defense of City against a claim of property damage caused by a City-owned tree that fell on the plaintiff’s home during a storm. 

Defense of general surgeon in medical malpractice claim involving a failure to timely diagnose a bowel perforation which led to septic shock, coma, and cardiopulmonary injury.

Summary judgment was granted in favor of construction company on negligence claims, including a wrongful death claim.  The appellate court affirmed that decision, finding that the district court properly granted summary judgment under Ohio law.

Defense of specific safety requirements violation claim.

Defense of big box retailer in Consumer Sales Practices Act claim.

Court of appeals affirmed trial court’s dismissal of civil conspiracy allegation based on witness immunity.

Affirming the Industrial Commission of Ohio's denial of a worker’s compensation claim. We filed a Motion to Dismiss arguing that the claim was not a “right to participate” issue, but rather an “extent of disability” issue such that it was not appealable to the Court of Common Pleas.  The trial court agreed and granted our Motion.  On appeal, the 2nd District Court of Appeals upheld the decision of the trial court.

Obtained a dismissal of a complaint on behalf of an appraiser client in Greenbrier County, West Virginia by successfully arguing an appraiser hired by the lender owes no duty to the property’s buyer. This appears to be a case of first impression under West Virginia law.

Affirming trial court’s dismissal of claims against attorneys and court personnel stemming from protracted domestic relations and custody dispute.

Defense of medical malpractice claim arising from medical care of COVID-19 patient.

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

Dismissal of 1983 Claim against the judge who ordered a spectator to drug test, and then threw her in jail for refusing to take the test.  

Affirming trial court’s dismissal of claims against a mental health provider.

Affirming trial court’s dismissal of slip and fall lawsuit.

Motion for Summary Judgment granted in favor of emergency medicine physician, based on plaintiffs’ failure to produce and offer qualified expert testimony against the physician concerning the standard of care, breach of the standard of care, and reasonable probability that the claimed injury was proximately caused by the alleged departure from the standard of care.

In a case alleging legal malpractice, case proceeded to bench trial with all claims against the lawyer being dismissed and costs being taxed to the plaintiff.

Successfully defended large retailer against claim of traumatic brain injury on premises.

Successfully represented client in will contest case, obtaining a 7-1 jury verdict after four days of trial and thirty months of litigation. 

Defense of correctional food service provider on claims that they violated the First and Eighth Amendment Rights by placing a substantial burden on inmate's religious practice by refusing to give him a vegan diet and created unconstitutional conditions of confinement by serving him an inadequately nutritious diet.

Obtained a dismissal of a lawsuit filed against financial advisor/insurance agent and financial services company for alleged breach of fiduciary duty, fraud, and breach of contract.

Defense of tree trimming truck company against wrongful death trucking liability claim. 

Summary Judgment for a Long-Term Care Facility following Plaintiff’s failure to timely respond to Requests for Admission.  The Court denied counsel’s motion to withdraw and amend after considering post hearing briefs and entered judgment in favor of the facility.

Defended orthopedic surgeon in federal court for claims related to open reduction internal fixation with ostomy of hand.  Summary judgment granted in favor of physician.

Motion to Dismiss granted on claim for legal malpractice involving an underlying domestic relations case.

Affirming trial court’s dismissal of medical malpractice action brought against multiple hospitals and physicians.

The Plaintiff sued a construction company, professional contractors, and its insurer for property damages arising out of an alleged negligent roof installation and/or roof design. We successfully procured a dismissal on behalf of the insurer after briefing a Motion to Dismiss based on the exclusionary language in the policy for a covered cause of loss and a contractually agreed upon timeframe within which a suit could be filed.

Successfully defended chiropractor in a case transferred to us from another firm by our insurer client. After proving that the medical review panel’s negative opinion amounted to negligent billing and record keeping which could not create questions of fact for the jury, the plaintiff dismissed the case while our motion for summary judgment was pending and 1 month before the trial.

Medical negligence and constitutional deliberate indifference claims were asserted in connection with the death of an inmate at a county jail.  It was alleged that the inmate developed endocarditis as a result of IV drug use prior to booking and that it was not timely recognized or treated.  After significant discovery, summary judgment was rendered as to all federal claims by the U.S. District Court on behalf of the named medical providers and correctional staff.  An appeal was taken to the U.S. Court of Appeals for the Sixth Circuit, which affirmed. 

Successfully defended trampoline park against claim of injury on premises.

Successfully defended Auto-Care Center against negligence claim.

Summary Judgment granted in favor of defendant lawyer/law firm on vicarious liability legal malpractice claims asserted against them because said claims were barred by the applicable statute of limitations.

Motion for summary judgment granted in favor of our short-term rehabiliation center client against employee claims of race discrimination.

Motion for summary judgment granted in favor of our manufacturing and distribution logistics client against Title VII violation claims of racial discrimination and retaliation.