51ºÚÁϳԹÏÍø

Date / Jurisdiction
Statement Of Case
Result
Practice(s)
Attorney(s)
  • Jun 24, 2025
    Mahoning County Court of Common Pleas

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

    Dismissal
  • Jun 24, 2025
    Warren County Court of Common Pleas

    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 Pleadings Granted
  • Jun 23, 2025
    Geauga County Court, Ohio

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

    Motion for Judgment on Pleadings Granted
  • Jun 13, 2025
    Boone County, KY

    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.

    Directed Verdict
  • Jun 13, 2025
    Sidney Municipal Court

    Obtained dismissal in favor of a dental services provider.

    Dismissal
  • Jun 3, 2025
    Cuyahoga County Court of Common Pleas

    Represented local youth hockey association against defamation and related tortclaims.

    Summary Judgment Granted
  • Jun 2, 2025
    7th District Court of Appeals

    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.

    Motion for Summary Judgment Affirmed
  • May 30, 2025
    Court of Appeals of Indiana

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

    Motion for Summary Judgment Affirmed
  • May 23, 2025
    Lake County Court of Common Pleas 

    Defended sports facility against claim of negligence.

    Summary Judgment Granted
  • May 23, 2025
    Court of Appeals of Kentucky

    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.

    Affirmation of Summary Judgment
  • May 21, 2025
    Wayne

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

    Summary Judgment Dismissal
  • May 21, 2025
    Marion County, Indiana – Small Claims Court

    Defended retailer in small claims trial.

    Defense Verdict
  • May 16, 2025
    2nd Appellate District, Montgomery County

    Denial of summary judgment reversed in medical malpractice case.

    Denial of summary judgment reversed
  • May 14, 2025
    Knox County

    Plaintiff dismissed medical malpractice lawsuit.

    Dismissed by Plaintiff
  • May 13, 2025
    Randolph County Circuit Court

    Trial defense of admitted liability with negligible jury verdict.

    Negligible Verdict
  • May 12, 2025
    6th Circuit Court of Appeals

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

    Judgment Reversed and Remanded
  • May 12, 2025
    U.S. District Court of Ohio, Northern District, Eastern Division

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

  • May 8, 2025
    Montgomery County
    Defense Verdict
  • Apr 16, 2025

    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.

    Dismissal
  • Apr 15, 2025
    Warren County Court of Common Pleas

    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.  

    Motion For Summary Judgment
  • Apr 15, 2025
    10th Appellate Dist

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

    Motion for Summary Judgment Affirmed
  • Apr 10, 2025
    Court of Appeals, Cuyahoga County, Eighth Appellate District

    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.

    Motion for Summary Judgment Affirmed
  • Apr 10, 2025

    Successfully obtained summary judgment for our architect client who faced significant design defect allegations and potential exposure exceeding $2.5 million.

    Summary Judgment
  • Apr 10, 2025
    U.S. District Court, Southern District of Ohio

    Summary Judgment in favor of big box retailer in trip and fall case. 

    Summary Judgment Granted
  • Mar 28, 2025
    5th Appellate Dist

    Decision affirmed in a case involving a dock ownership and placement dispute between plaintiffs-property owners and defendants-neighboring property owners and homeowner’s association in which plaintiffs claimed conversion and sought declaratory relief. The trial court’s order granting summary judgment in favor of defendants was affirmed, as was the order granting association’s counterclaim for indemnification, where evidence shows that plaintiffs had acquiesced to the neighboring owners' exclusive control of the dock, which had been relocated entirely within the neighboring water space, and had not demonstrated ownership, thereby barring their conversion claim.

    Affirmed
  • Mar 27, 2025
    U.S. District Court of Indiana, Northern District

    Motion to dismiss granted in favor of hospitality company. Plaintiff alleged that our client violated the Americans with Disabilities Act (ADA) due to architectural barriers.

    Dismissal
  • Mar 26, 2025
    Lucas County Court of Common Pleas

    Motion for Summary Judgment granted in favor of automobile insurance company.

    Motion For Summary Judgment
  • Mar 19, 2025
    Boone County, IN

    Represented a long term care facility in a judicial review of a decision finding them in violation of numerous regulations under the Indiana Administrative Code.

    Reversed
  • Mar 18, 2025
    Fayette County, KY

    Obtained summary judgment in favor of our real estate broker client in a liability case involving dual representation and alleged violations of duties to a tenant. 

    Summary Judgment
  • Mar 17, 2025
    Counselor, Social Worker, and Marriage and Family Therapist Board

    Represented client in a Ohio CSWMFT Board investigation of their license over four separate ethical complaints filed by former counseling clients as well as one former employee-counselor. The investigation was closed without any findings against our client and a full resolution of all complaints. 

    Investigation closed
  • Mar 17, 2025
    Howard County, Indiana

    Succesful dismissal of attorney malpractice lawsuit.

    Motion to Dismiss Granted
  • Mar 14, 2025
    Kentucky Court of Appeals

    The Kentucky Court of Appeals affirmed the defense verdict in favor of our hotel client, upholding the dismissal of a negligent security claim.

    Defense Verdict Affirmed
  • Mar 13, 2025
    8th Appellate Dist

    Judgment affirmed in favor of city school district board of education in breach of contract case.

    Judgment Affirmed
  • Mar 6, 2025
    Fifth District Court of Appeals, Richland County, Ohio

    Summary judgment affirmed in favor of school Board of Education, Superintendent, and current/former Board members involving various claims, including claims of a hostile work environment and intentional infliction of emotional distress.

    Summary Judgment Affirmed
  • Mar 6, 2025
    8th Appellate Dist

    Dismissal affirmed in legal malpractice case.

    Judgment Affirmed
  • Mar 4, 2025
    U.S. District Court of Ohio, Northern District

    Motion for Judgment on the Pleadings granted in favor of attorney in a business dispute.

  • Mar 4, 2025
    Cuyahoga County Court of Common Pleas

    Dismissal obtained in a legal malpractice action stemming from an underlying high profile criminal action against a prominent Cleveland physician found guilty of health care fraud, lying to government agents, and money laundering. Plaintiff claimed malpractice against numerous attorneys who assisted in his representation, but the claims were outside of the relevant statute of limitations.

    Dismissal
  • Mar 3, 2025
    Hamilton County Common Pleas Court

    Motion to Dismiss granted and all claims against our big box store client were dismissed with prejudice.

    Motion to Dismiss Granted
  • Feb 18, 2025
    Supreme Court of Ohio

    Appellate Court affirmed decision of Common Pleas in favor ofour client in a workers’ compensation claim.

    Decision Affirmed
  • Feb 18, 2025
    Johnson County Superior Court

    Represented a restoration company alleged to have negligently failed to remediate water damage.

    Summary Judgment
  • Feb 14, 2025
    Summit County

    Represented a lawyer and his law firm against a legal malpractice claim. The judge granted summary judgment to the lawyer and his firm on all claims and the complaint was dismissed.

    Summary Judgment Granted
  • Feb 12, 2025
    Indiana Supreme Court

    The Indiana Supreme Court ruled that our Church client was entitled to summary judgment after a volunteer was injured on its property, finding that the limited duty of care under Indiana Code § 34-31-7-2 applied because the church’s premises as a whole were used primarily for worship. Since there was no evidence of hidden dangers or intentional harm, the Court held that the Church was not liable.

    Reversed and Remanded with Instructions to Trial Court to Enter Judgment for Defense
  • Feb 6, 2025
    Hamilton County Common Pleas Court
    Defense Verdict
  • Feb 3, 2025
    U.S. District Court for the Southern District of Indiana

    Successfully obtained summary judgment on behalf of county employees in civil rights lawsuit filed by an inmate of the county jail.

    Summary Judgment Granted
  • Feb 3, 2025
    Marion County, IN

    The case started as a well check of Plaintiff’s children by law enforcement on March 4, 2019, that quickly escalated and lasted for over ten hours. The situation ultimately resulted in Plaintiff’s two children being removed from his home. Attorney Delamater communicated with both Plaintiff and law enforcement officials that day at the request of a friend and in an attempt to de-escalate the situation out of fear for the safety of Plaintiff and his young children. Plaintiff alleged that Delamater did not properly represent him during the subsequent child custody hearings. The Court granted summary judgment in favor of Defendants.

    Summary Judgment Granted
  • Jan 31, 2025
    Madison, IN Circuit Court

    Obtained summary judgment for our client, a bakery, in a negligence action.

  • Jan 31, 2025
    2nd Appellate District, Montgomery County

    Plaintiff appealed trial court’s granting of summary judgment in trucking liability claim

    Affirmed
  • Jan 28, 2025
    Wayne

    Secured defense judgment in favor of an auto dealership.

    Judgment for Defendant
  • Jan 27, 2025
    9th Dist. Ct. of Appeals

    Ninth District Court of Appeals affirmed summary judgment to employer based upon a finding that the traveling employee exception to the coming and going doctrine was not applicable to respondeat superior claims.

    Summary Judgment Affirmed
  • Jan 24, 2025
    6th Appellate Dist

    Court of Appeals affirmed the decision of the Lucas County trial court which denied Plowman’s administrative appeal of the City of Waterville’s decision to approve certain conditional use permits. Trial Court found that the evidence in the record did not support a finding the decision to approve the conditional use permit for the proposed Amphitheatre project was unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of the evidence and that the procedural requirements for the vote were met.

    Affirmed Motion for Judgment on the Pleadings
  • Jan 22, 2025
    Holmes County, Ohio

    Secured a significant win in a legal malpractice and fee dispute case in Ohio. Plaintiff, after selling a business with the assistance of other attorneys, remained employed by the purchasing company. When the plaintiff was later terminated, they retained our client to pursue an employment claim against the buyer. The case went to trial, resulting in a loss for the plaintiff. Following the loss, the plaintiff sued our client for legal malpractice while also owing approximately $30,000 in unpaid legal fees. In response, they filed a counterclaim to recover the outstanding fees. Just before the plaintiff’s scheduled deposition, they voluntarily dismissed. 

    Dismissal
  • Jan 17, 2025
    Lake County, Indiana
    Defense Verdict
  • Jan 17, 2025
    Madison County, KY

    Obtained a bench trial ruling in favor of a big box retailer in a breach of contract lawsuit.

    Ruling for Defendant
  • Jan 15, 2025
    Office of Medicare Hearings and Appeals

    Nick’s client, a small family-run medical practice, provided advanced venous/stasis ulcer treatment to a number of patients. The client utilized amnion cells, skin substitutes, and other proliferative and inflammatory phase venous/stasis ulcer treatment products to heal these otherwise stalled wounds. Medicare, after initially making the payments for these products/services, later denied coverage because it deemed them “not reasonable and necessary” compared to more traditional wound care treatment options. The client was subsequent issued a significant overpayment notice requiring the client to pay it all back. Nick filed a notice of appeal with the Office of Medicare Hearings and Appeals to have the case heard by an administrative law judge. Nick and the client attended the ALJ wherein Nick successfully argued the client’s case, and the ALJ subsequently issued a fully favorable decision for the client and vacated the overpayment decision.

    Favorable Outcome
  • Jan 10, 2025
    Madison, IN Circuit Court

    Obtained a ruling on behalf of our client, a freightliner driver, in a vehicle accident case.

    Ruling for Plaintiff
  • Jan 6, 2025
    U.S. District Court, Northern District of Ohio

    Summary judgment granted in favor of a non-profit entity that provided mental health care and treatment to inmates at a county jail.

    Summary Judgment Granted
  • Dec 30, 2024
    6th Appellate Dist

    Court of Appeals affirmed the decision of the Lucas County trial court dismissing claims of breach of fiduciary duty, fraud, conspiracy, and IIED, on the basis that they were subsumed into the legal malpractice claim and barred by the statute of limitations.       

    Affirmed Motion for Judgment on the Pleadings
  • Dec 19, 2024
    Cuyahoga County Court of Common Pleas
    Defense Verdict
  • Dec 19, 2024
    U.S. District Court, Southern District of Ohio

    51ºÚÁϳԹÏÍø represented the employer-Defendant in a claim for age discrimination, race discrimination, and retaliation in the United States District Court, for the Southern District of Ohio. In an Order dated December 19, 2024, by Judge Timothy Black, the employer-51ºÚÁϳԹÏÍø client was granted summary judgment on all claims in the Plaintiff’s complaint. The complaint has now been dismissed with prejudice.

    Dismissed with prejudice
  • Dec 13, 2024
    1st Appellate Dist

    This case arose from a water leak at a Cincinnati commercial property following a 2020 HVAC system renovation, resulting in extensive flooding and a $2 million negligent design claim against a subcontractor who implemented—but did not design—the system.The trial court granted summary judgment in favor of the subcontractor, finding that waiver of subrogation clauses in project contracts barred the insurance claims, a decision upheld on appeal, with the insurance company's arguments regarding policy terms and standing ultimately rejected.

    Affirmed in Part and Dismissed in Part
  • Dec 13, 2024
    Washington Circuit Court – State of Indiana

    The court found both parties equally at fault after our client swerved to avoid a direct collision with the Plaintiff emerging from a blind driveway, and our client now plans to pursue recovery of 50% of her losses, totaling at least $8,000.

  • Nov 21, 2024
    Pickaway
    Defense Verdict
  • Nov 14, 2024
    Geauga

    Obtained summary judgment on behalf of defendant cemeteries association in a contract dispute regarding family member’s proper burial site.  

    Summary Judgment
  • Nov 12, 2024
    Lee County, FL

    Secured arbitration defense verdict in favor of blasting client.

    Arbitration Defense Verdict
  • Nov 6, 2024
    1st Appellate Dist

    Appellate court affirmed dismissal of third-party legal malpractice claims against law firm.

    Dismissal Affirmed
  • Nov 6, 2024
    Cuyahoga County Court of Common Pleas, Probate Division

    Achieved a favorable settlement on behalf of trusts and estates beneficiaries.

    Settlement
  • Nov 5, 2024
    Vigo County Superior Court

    Motion to dismiss granted in favor of residential real estate appraisers accused of negligence.

    Motion to Dismiss Granted
  • Nov 4, 2024
    Kentucky

    Claimant was a groundskeeper at the university who had uncontrolled diabetes. He developed a diabetic foot ulcer that became septic, resulting in a below-the-knee amputation.  He alleged the ulcer was due to a work incident in which he stepped wrong off a curb while weed-eating, causing a contusion that led to a blister. Defense counsel introduced testimony from co-workers implicating an incident at home when he was using a shovel as the cause of the blister rupturing, close in time to his hospitalization for sepsis. Defense expert medical testimony indicated there was no reason to believe the ulcer was caused by any specific traumatic incident, as it had the appearance of a classic, non-traumatic diabetic foot ulcer. Claimant was seeking permanent total disability ($431,646.71) plus medical benefits related to his amputation and prosthesis. The claim was dismissed in its entirety based on the threshold causation issue.

    Dismissal
  • Nov 2024
    Kentucky Court of Appeals

    Successful defense of federal motor carrier in civil rights lawsuit before the Kentucky Court of Appeals following summary judgment at the trial court, leading to a published appellate opinion in favor of the client.

    Judgment Affirmed
  • Nov 1, 2024
    Summit County Probate Court
    Jury Verdict
  • Nov 1, 2024
    Marion County, Indiana – Small Claims Court

    An endodontic file separated in the patient’s root during a root canal. Plaintiff claimed that he was not told about the retained file and was not provided with options for treatment.

    Judgment for Defendant
  • Nov 1, 2024
    Allen County Court of Common Pleas

    Court of common pleas granted summary judgment based upon open and obvious doctrine.

    Summary Judgment Granted
  • Oct 31, 2024
    Fountain County Circuit Court

    Plaintiff filed an action against a national retailer for targeting after they refused him service and requested police issue an order that he no longer enter the store. Nick filed a Motion to Dismiss based on Indiana Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted. Plaintiff failed to amend his Complaint within the time period required by the Trial Rules, and the Court set the matter for hearing. At oral argument, Nick stated that, on the face of the Complaint, Plaintiff’s allegations against the retailer were not cognizable claims recognized in Indiana, and that constitutional provisions give a private business the right to refuse service to a single individual customer in this case’s particular circumstance. Nick further argued that the Court lacked jurisdiction to order any equitable relief, and because the Plaintiff’s Complaint was silent as to any monetary damages, the Complaint should be dismissed in full. The Court agreed, and entered an order dismissing the case.

    Motion to Dismiss Granted
  • Oct 30, 2024
    Toledo Municipal Court

    Successfully defended a local car wash in a Small Claims Trial. The Plaintiff claimed that our insured car wash was negligent or that their machinery malfunctioned, causing damage to her vehicle. The Magistrate issued a defense verdict which was affirmed by the Municipal Court Judge. 

    Defense Verdict
  • Oct 24, 2024
    Stark County

    Fifth District Court of Appeals affirmed dismissal of medical malpractice as untimely due to failure to comply with 180-day letter mailing requirements.

    Dismissal Affirmed
  • Oct 23, 2024
    American Arbitration Association

    Order dismissing arbitration granted in favor agribusiness client based on warranty limitation.

    Dismissal
  • Oct 16, 2024
    Fayette, KY

    Secured defense verdict in slip and fall case at amusement center.

    Defense Verdict
  • Oct 16, 2024
    Mahoning County Court, Ohio

    Obtained defense verdict in favor of a radiologist in a case involving an alleged negligent interpretation of a chest CT scan. 

    Defense Verdict
  • Oct 11, 2024
    Cuyahoga County Court of Common Pleas

    Summary judgment granted in favor of office technology provider.

    Summary Judgment Granted
  • Oct 10, 2024
    2nd Appellate District, Montgomery County

    Defense verdict affirmed in favor of airline in a small claims trial.

    Directed Verdict Affirmed
  • Oct 7, 2024
    Lorain County Court, Ohio
    Defense Verdict
  • Oct 4, 2024
    Hamilton County, Ohio

    Plaintiff claimed broken tailbone and years of back pain resulting in injections from a fall on clear liquid at a big box store. Plaintiff failed to identify any employee who had notice of the hazard let alone produced evidence that the hazard was existing or how long it had existed, prior to the alleged fall and injury. The Court agreed that it was Plaintiff’s burden of proof to demonstrate prior notice, entering judgment in favor of our client and dismissal all claim just a couple weeks shy of trial.

    Summary Judgment Granted
  • Oct 4, 2024
    Franklin County Court, Ohio
    Defense Verdict
  • Sep 29, 2024
    Indiana Southern District

    Motion to dismiss granted in favor of Police Department and Detective Sergeant in legal challenge to enforcement of Delta 8

    Motion to Dismiss Granted
  • Sep 27, 2024
    Sixth District Court of Appeals, from the Lucas County Court of Common Pleas

    Sixth District unanimously affirmed jury trial verdict in favor of physicians and overruled objections as to alleged hearsay evidence and cumulative errors in 63-page opinion.

    Decision Affirmed
  • Sep 27, 2024
    7th District Court of Appeals

    Seventh District Court of Appeals affirmed dismissal of workers’ compensation appeal to common pleas court due to failure to challenge dependency determination in mandamus.

    Dismissal
  • Sep 26, 2024
    Summit County

    Represented a business owner in a lawsuit against his brothers and settled for a sizable amount. Our client’s ex-wife then filed a motion to reopen her divorce case and attempted to recover 10% of the amount our client received. We fought that issue and tried the case to the Domestic Relations Court.

    Partial Defense Verdict
  • Sep 25, 2024
    Bucks County, PA

    Suit was dismissed against Insurer in small claims trial related to blasting work performed by Insured.

    Dismissal
  • Sep 12, 2024
    Cuyahoga County Court of Common Pleas

    Summary judgment granted in favor of temp agency in slip and fall case.

    Summary Judgment Granted
  • Sep 11, 2024
    Indiana Court of Appeals

    Plaintiff was hospitalized for approximately six weeks in 2021 after becoming infected with COVID-19 and suffering severe complications from the virus. During his hospitalization, which required immobilization and use of a ventilator, the Plaintiff developed a severe pressure injury on his buttocks. As a result, he alleged that he received negligent medical care and treatment from his numerous medical providers. However, the trial court, and the Indiana Court of Appeals, determined that the medical providers were immune from liability under both Indiana and federal statutes because Plaintiff was receiving certain medical treatment in response to, arising from, or related to the Covid-19 public health emergency. 

    Summary Judgment Affirmed
  • Sep 10, 2024
    Union County Court of Common Pleas

    Obtained dismissal of legal malpractice claim against an estate planning attorney and his firm.

    Dismissal
  • Sep 4, 2024
    Montgomery County Common Pleas

    Order to Deem Requests for Admissions as Admitted and Order granting summary judgment in favor of big box retailer.

    Summary Judgment Granted
  • Sep 4, 2024
    Franklin County Municipal Court

    Obtained judgment in favor of a car wash. The Plaintiff alleged roughly $2,000 in damages from a car wash owned and operated by our client.

    Judgment for Defendant
  • Aug 30, 2024
    U.S. District Court, Southern District of Indiana

    Motion to dismiss granted in favor of defendants accused of violating the Electronic Communications Privacy Act (“ECPA”) commonly known as the Federal Wiretap Act

    Motion To Dismiss
  • Aug 26, 2024
    U.S. District Court, Northern District of Ohio

    Motion for judgment on the pleadings granted based on four-year medical claim statute of repose in a multi-faceted lawsuit (alleging federal and state law claims) against medical care providers based on a suicide in a county jail.

    Motion for Judgment on the Pleadings Granted
  • Aug 22, 2024
    Hamilton County Municipal Court

    Obtained a ruling in favor of an inpatient mental health facility. Plaintiff alleged that her credit card and cash were stolen during her stay. 

    Judgment for Defendant
  • Aug 21, 2024
    Indiana Commercial Court

    Obtained summary Judgment in favor of insurance agent based on claims of a failure to advise regarding insurance coverage.

    Motion For Summary Judgment