Significant Cases

We brought a federal class action against DirectBuy – alleging fraud on behalf of a class of nearly 900,000 members. We settled after DirectBuy agreed to provide a 3-day right to cancel and a financial settlement of approximately $4.9M. Swift v. DirectBuy, 2:11-CV-401-TLS (N.D. Indiana).

Obtained order compelling discovery and granting attorney fees in franchise termination litigation against nationally known company with billion dollar revenues represented by preeminent Ohio “Super Lawyers” firm, with United States Magistrate Judge Rodovich finding “continuous attempts to avoid its discovery obligations were willful and in bad faith.” United Consumers Club v. Prime Time, Case No. 2:07 cv 358 (U.S.D.C., N.D. Indiana, 2010).

Obtained dismissal for lack of personal jurisdiction on behalf of an out-of-state corporate client who was sued in Ohio federal court over an alleged breach of contract claim involving a multimillion dollar real estate venture. Katz v. Meli Investments, LLC, Case No. 3:08-CV-299 (S.D. Ohio, 2008).

Recovered full amount of judgment against a general contractor who had negligently installed roofs on multiple condominium buildings, then fraudulently conveyed its assets to a new company in order to evade recovery. We successfully pierced the corporate veil of the new company and established the fraudulent conversion. Indian Creek Condominium Association v. Adams, 2004 CV 5908 (Common Pleas Court, Montgomery County, Ohio).

Represented elderly widow who with her husband had amassed substantial assets which were taken by manager of her bank. After forensic accounting investigation, filed suit against bank manager, bank manager’s husband, and bank. Defendants claimed the assets they took were “gifts.” Case was successfully mediated. The defendants were investigated by the FBI and criminal charges subsequently were pursued by the United States Attorney. Cline v. Niehaus, Montgomery C.P. No. 2011 CV 05176 (2011).

Represented elderly widow who was tricked in marriage then prevented from divorcing after “husband” filed application to declare her incompetent. After her death, represented her family in action to defend against claims filed by the estranged husband. After nine of estranged husband’s 10 claims were dismissed upon our motion for summary judgment, the case was successfully mediated. Austin v. Lamb, Montgomery C.P. 2010 CV 05546 (2010).

Represented in a federal court woman subjected to years of horrible sexual abuse and harassment at the workplace which resulted in her becoming physically ill and being forced to quit. Alleged hostile work environment sexual harassment. After employer’s motion for summary judgment was denied, the case was successfully mediated. Hughes v. Goodrich Corporation, S.D. Ohio No. 3:08CV263 (2011).

Represented in a federal court woman who was retaliated against after she refused to continue sexual relationship with her boss and owner of the company. Alleged sexual harassment. Case was successfully mediated. Davis v. International Trade Bridge, Inc., S.D. Ohio No. 3:11cv00462 (2008).

Represented elderly widow whose assets were taken by out of state nephew using a power of attorney. Nephew claimed he took the assets for “safekeeping.” After suit was filed, all assets were recovered. Upon widow’s death, the nephew then filed a will contest action because widow had written him out of her will. After we defeated nephew’s motion for summary judgment, case was successfully mediated. Executor of Estate of Violet Schumann v. Knoop, Montgomery C.P. No. 2006 CV 5601 (2006).

Represented elderly retired man whose entire life savings were taken by his nephew using a power of attorney while he was in the hospital. Nephew claimed the assets were given to him as a “gift.” Obtained jury verdict for full amount taken plus punitive damages and attorney fees. Verdict sustained by court of appeals. Scott v. Hall, 61 Ohio App.3d 616, 573 N.E.2d 718, 1998-Ohio App. LEXIS 4985 (2nd Dist. 1988).

Represented elderly widow who was sold an unnecessary waterproofing contract to fix cracks in the ceiling, which costly repairs did nothing. Trial court granted Defendant’s motion to stay the case and compel arbitration. We appealed. After court of appeals sustained our appeal, the case was successfully mediated. Moran v. Everdry, Montgomery C.P. No. 2010 CV 03696 (2010).

Defended construction company against suit filed by injured employee who alleged his employer had intentionally caused his injuries by requiring him to climb into a roof truss. Case was dismissed upon our motion for summary judgment and dismissal was sustained by court of appeals. Horanyi v. Shooter Constr. Co., 2nd Dist. Montgomery No. 23876, 2011-Ohio 4164, 2011 Ohio App. LEXIS 3488.

Represented owner of historic home severely damaged by fire and improperly repaired in suit against the contractor. After defeating defendant’s motion for summary judgment, case was successfully mediated. Bremer v. Angler Construction Company, Montgomery C.P. No. 2010 CV 09962 (2010).

Represented three women who were subjected to sexual harassment in the workplace. We alleged claims for hostile work environment sexual harassment. Defendant initially prevailed on motion for summary judgment. We appealed and court of appeals reversed the trial court on the claims of hostile work environment sexual harassment and related claims. Case was thereafter successfully mediated. Harmon v. GZK, Inc., 2nd Dist. Montgomery No. 18762, 2002-Ohio-545, 2002 Ohio App. LEXIS 480.

Represented contractor in state court suit against insurance agent who promised to obtain policy to cover claims for intentional workplace injury. After the contractor was sued for an intentional workplace injury, carrier denied coverage. At eve of trial, defendant removed the case to federal court. We successfully defeated the removal to federal court and obtained an award of full amount of attorney fees for the improper removal. Upon remand to state court and after winning our motion for an expedited order to compel discovery, case was successfully mediated. Shooter Construction Co. v. Wells Fargo Insurance Services USA, S.D. Ohio No. 3:11cv00181 (2011) and Shooter Construction Co. v. Acordia of Ohio, LLC, Montgomery C.P. No. 2009 CV 00965 (2009).