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Motion for summary judgment granted in favor of land survey consulting company. Plaintiff, with whom our client client did not have a contract, sued our client alleging that a survey performed by my client on neighboring property clouded their title.

The plaintiffs dismissed timely claims and refiled outside of the statute of repose using the savings statute, after the Supreme Court decided Wilson v. Durrani. The trial court dismissed as untimely. On appeal, the Ninth District Court of Appeals affirmed, rejecting the plaintiffs’ arguments that the trial court infringed upon their vested rights by retroactively applying the Wilson decision.

Dismissal of personal injury claim against a city under Indiana's Tort Claims Act.

Obtained dismissal on a motion to dismiss arguing immunity under the federal Protection of Lawful Commerce in Arms Act.

Motion for judgment on the pleadings granted in a products liability action under the Ohio Products Liability Act, asserting claims for manufacturer defect, supplier liability, negligence, consumer sales practices act violations, strict liability in tort, and breach of warranty under the UCC, as against our restaurant client.

Motion for judgment on the pleadings granted on res judicata grounds in professional liability action.

Obtained directed verdict at jury trial involving a vehicular accident. The court granted a directed verdict in favor of the defense, concluding that the plaintiff failed to establish a prima facie case of negligence, as the medical expert's opinion was based solely on the plaintiff's reported history and did not consider subsequent cancer diagnoses or imaging results.

Obtained dismissal in favor of a dental services provider.

Represented local youth hockey association against defamation and related tortclaims.

Defended a title company in a quiet title action after the defendant purchased property by way of a forged deed, alleging that our client failed to properly conduct a title examination and failed to procure title insurance after the defendant elected to proceed with a cash only closing. The trial court granted summary judgment, and the defendant appealed. On appeal, the Seventh District affirmed, finding that the defendant’s decision to go through with a cash only closing – and our client’s subsequent note that the defendant would be responsible for all “fees” going forward – were sufficient to modify the contract and eliminate any duty to procure title insurance.

Affirmation of summary judgment in favor of law enforcement/public safety training provider.

Defended sports facility against claim of negligence.

Plaintiff / Appellant appealed trial court’s grant of summary judgment in this financial services liability claim, which involved omnibus claims against our financial professional client.

Summary judgment granted in favor of an insurance agent, based on allegations of a failure to appropriately maintain an insured’s policy.

Defended retailer in small claims trial.

Denial of summary judgment reversed in medical malpractice case.

Plaintiff dismissed medical malpractice lawsuit.

Trial defense of admitted liability with negligible jury verdict.

Judgment reversed and remanded in favor of big box retailer in employment matter. 

District court denied Plaintiffs’ Application for a Preliminary Injunction in a school speech case.

Defended orthopaedic center and its doctors against a medical malpractice claim. After a one day bench trial on the matter and several witnesses being presented, the magistrate issued a written decision dismissing Plaintiff’s Complaint.

Summary judgment granted in favor of prison telecommunications service provider that was sued on seven counts by the parents of an inmate who died while incarcerated. The parents alleged that our client unreasonably failed to preserve and provide recorded videos of their daughter's outgoing calls that could have been used as evidence in their separate wrongful death lawsuit against the county.  

Summary judgment affirmed on a legal malpractice case based upon the statute of repose.

The Eighth District Court of Appeals affirmed summary judgment on behalf of the Clifton Club and Clifton Park Trustees related to a decades’ long property dispute involving access to Clifton Park property by non-resident members of the Clifton Club. The Plaintiffs, various residents of Clifton Park, first brought suit against the Trustees and Club in 2012, alleging that the Trustees improperly favored the Club as a beneficiary as a result. The litigation has continued in various incarnations since then.  The Eighth District determined that summary judgment was properly granted based upon res judicata grounds, as prior suits brought by the Plaintiffs were premised upon similar facts and legal issues.