Hulsmeyer v. Hospice of Southwest Ohio, Inc.
We successfully argued a case before the Ohio Supreme Court involving an employee of a hospice care organization who was fired for reporting suspected abuse of a nursing home resident to the resident’s family. Hulsmeyer v. Hospice of Southwest Ohio, Inc., Slip Op. No. 2014-Ohio-5511. An Ohio statute forbids retaliation against persons who report suspected abuse or neglect of residents of long term care or residential care facilities, but the defendants argued that only reports to the Ohio Director of Health are protected. The Ohio Supreme Court disagreed, and found that the report made to the resident’s family was protected under that statute. The case was remanded to the trial court, where it will proceed to trial.
Dias v. Archdiocese of Cincinnati
We represented a teacher at two Catholic schools who was terminated after becoming pregnant outside of wedlock by means of artificial insemination. We successfully argued in pre-trial motions that the Catholic Church is not exempt from federal and state employment discrimination laws, in this case, the Pregnancy Discrimination Act. We tried the case to a jury, who returned a verdict in favor of our client and against the Archdiocese of Cincinnati. The jury awarded our client $51,000 for lost wages, $20,000 for emotional distress she suffered, and $100,000 in punitive damages against the Archdiocese of Cincinnati. Dias v. Archdiocese of Cincinnati, et al., Case no. 1:11-cv-00251 (U.S. Dist. Ct. S.D. Ohio June 2013) (Judge Dlott). Judgment
Rickett v. City of Fairborn
We represented a female concrete inspector employed by the City of Fairborn, Ohio who was terminated after she complained about numerous sexist comments from her supervisor. Just before the scheduled trial, the case was resolved to the satisfaction of the parties on confidential terms. Rickett v. City of Fairborn, et al., Case no. 3:11-cv-00370 (U.S. Dist. Ct. S.D. Ohio).
Alexander v. Trilogy Health Services, LLC
The firm represented a nurse at a local nursing home who was terminated for calling off of work due to a pregnancy-related medical emergency. We argued that her short leave of absence was protected under the Family and Medical Leave Act and the Americans with Disabilities Act. The Court found the law and the facts to be so clear that it ruled in favor of our client on her motion for summary judgment, without conducting a trial. Alexander v. Trilogy Health Services, LLC, Case no. 1:11-cv-00295, 2012 WL 5268701 (U.S. Dist. Ct. S.D. Ohio October 2012) (Judge Black). Order Granting Plaintiff’s Motion for Summary Judgment and Denying Defendant’s Motion for Summary Judgment[PDF]
T.H. v. Samuel Perler-Tomboly
We represented a client who was sexually molested by an emergency room physician while she was under sedating medication. The jury returned a verdict in our client’s favor in the amount of $205,000 in compensatory damages and $25,000 in punitive damages, plus attorney fees. T.H. v. Samuel Perler-Tomboly, Case no. A0802935 Hamilton County Court of Common Pleas (Visiting Judge Hogan) (May 2012).
Faal v. Allied Window, Inc.
The firm represented three African-American laborers, two of whom were also Muslims, in a case against a manufacturer for racial and religious discrimination after a white employee created and posted numerous cartoons depicting the three laborers in a racially and religiously derogatory manner. The Court denied the Defendants’ Motion for Summary Judgment. Just before trial, the case was resolved to the satisfaction of the parties. Faal v. Allied Window, Inc., Case no. A1103619 Hamilton County Court of Common Pleas (Judge Martin) (January 2012).
Quaker Chemical Corporation v. Castrol Industries North America, Inc.
We represented an employee of Castrol who was sued by his former employer, Quaker Oil Company, on a covenant not to compete. Quaker claimed that our client’s employment with its direct competitor Castrol, doing almost the same job he had done for Quaker, put Quaker at a competitive disadvantage and was a direct violation of an agreement not to compete that our client had voluntarily signed. Quaker also claimed that our client had taken proprietary and trade secret information and disclosed it to Castrol. Quaker asked the court to order our client to stop working for Castrol. After an evidentiary hearing lasting three days, the court found that Quaker had not proved its case, and it denied Quaker’s motion for a preliminary injunction. Quaker Chemical Corporation v. Castrol Industries North America, Inc., et al., Case no. 1:08-cv-449-SJD (U.S. Dist. Ct. S.D. Ohio) (Judge Dlott) (October 2008) Order Denying Plaintiff’s Motion for Preliminary Injunction[PDF]
Food & Company, LLC v. Paula’s Café
The firm represented the owner of a popular local restaurant whose former business partner attempted to repossess restaurant equipment and close the restaurant. The business partner’s attempts to obtain a temporary restraining order and a preliminary and permanent injunction preventing the restaurant from operating were unsuccessful, and the restaurant continues to operate. Food & Company, LLC v. Paula’s Café, Case No. A0703274, Hamilton County Court of Common Pleas (Judge Martin) (September 2007).
Richard Evans v. Miami Valley Hospital
We represented a helicopter pilot who flew emergency medical flights for Miami Valley Hospital’s CareFlight program. The pilot was directly employed by CJ Systems Aviation Group, Inc., but flew out of, and for, Miami Valley Hospital. The pilot was terminated after making repeated complaints about safety problems with the helicopters in the CareFlight program. After a four-day trial before an Administrative Law Judge, a decision was rendered in the pilot’s favor against both CJ Systems and Miami Valley Hospital in the amount of $80,000 for lost income, $100,000 for emotional distress, and attorney fees and expenses. In addition, the pilot was reinstated to his position. Richard Evans v. Miami Valley Hospital, et al., Case no. 2006-AIR-000022 (United States Department of Labor, Office of Administrative Law Judges) (August 2007).
Henry McMillan v. U.S. Industrial Lubricants, Inc.
The firm represented former salesman in an ERISA (Employment Retirement Income Security Act) case involving a claim that the employer had improperly removed the employee from the company’s pension and profit sharing plan several years before the employee resigned. The claim was heard by a panel of three arbitrators pursuant to an arbitration provision in the profit sharing plan documents. After a two day hearing, involving expert employee benefits attorneys called by both sides, the arbitrators issued a unanimous decision in favor of the employee awarding him a total of $321,000 in lost retirement benefits, costs, and attorney fees. The U.S. District Court confirmed the award and entered final judgment of $325,000. Henry McMillan v. U.S. Industrial Lubricants, Inc. Profit Sharing Plan, Case no. C-1-06-790 (U.S. Dist. Ct. S.D. Ohio) (Judge Weber) (January 2007)
Wilson v. Executive Jet Management, Inc.
We represented an employee in an Americans with Disabilities Act case who was discharged because he needed to have a crutch or a cane while at work. The employer contended that it was dangerous to use an assistive device at work, while the employee insisted that he could safely do his job with the occasional assistance of a crutch or cane. The court denied the employer’s motion for summary judgment, and the case was resolved to the satisfaction of the parties shortly before trial. Wilson v. Executive Jet Management, Inc., case no. C-1:04CV819, United States District Court for the Southern District of Ohio (March 2006)
Jane E. House v. Quality Sign & Service Co.
We represented the estate of a husband and father of two young children who fell to his death while working for a high rise sign repair company. The crane on which he was working malfunctioned and the inexperienced and untrained employee operating the crane could not correct the malfunction before the crane collapsed. After a five day trial, a jury found the man’s employer liable for an intentional tort and awarded the estate $560,000. Jane E. House v. Quality Sign & Service Co., case no. 2002 CVH 586, Court of Common Pleas, Clermont County, Ohio (Judge Ringland) (May 2005)
Abner v. The Montgomery Inn
We represented a manager of The Montgomery Inn restaurant in an ADA case who was discharged after being off work for several months because of back surgery. The employer refused to permit the employee to return to work until he was “100%,” although he was capable of performing his job. The court denied the employer’s motion for summary judgment, and the case was resolved before trial on confidential terms. Abner v. The Montgomery Inn, case no. C-1:02CV867, United States District Court for the Southern District of Ohio (January 2005)
Dolan v. St. Mary’s Memorial Home
The firm represented the director of nursing of a nursing home who had been discharged after reporting resident abuse at the home to the Ohio Department of Health. The claims included a statutory claim under R.C. 3721.24 for retaliation, and a claim for promissory estoppel. The case settled a week before trial on confidential terms. Dolan v. St. Mary’s Memorial Home, case no. A-00-06378, Court of Common Pleas, Hamilton County, Ohio (April 2004)
Nancy Dickson v. Comair
We represented a former Comair flight attendant supervisor at the trial of her promissory estoppel claim against the company. Although Comair had promised her that if she gave up her seniority to remain a supervisor, she could go back to a flight attendant position with her full seniority if Comair substantially changed her supervisory job, Comair broke its promise when her job changed and she went back to her flight attendant position. The company took away her 13 years of seniority and made her go back to the bottom of the job bidding list. The jury agreed that Comair had broken its promise and awarded the plaintiff $210,000 in lost wages and benefits. Nancy Dickson v. Comair, case no. 00-CI-00664, Boone Circuit Court, Boone County, Kentucky (March 2004)
Victoria Campbell v. Westfield Insurance Co.
We represented a severely injured person in an insurance coverage dispute involving an umbrella policy of uninsured/underinsured insurance worth over $1,000,000. The Ohio Tenth District Court of Appeals affirmed the trial court’s grant of summary judgment in favor of our client, ruling that a purported waiver of that coverage was not effective. Victoria Campbell v. Westfield Insurance Co., case no. 02APE-12-1369, Court of Appeals, Franklin County, Ohio (October 2003) The Ohio Supreme Court declined to hear the defendant’s appeal. Case no. 2003 2049 (March 24, 2004)
Doe, et al. v. Roe, et al.
The firm represented two officers and shareholders of a start up public company in fraud claims they brought against the company’s majority shareholder and CEO. The claims arose from misrepresentations made by the CEO concerning the future roles of the officers with the company. After a five day jury trial, a verdict was returned for compensatory and punitive damages and attorney fees that totaled $1,000,000. Doe, et al. v. Roe, et al., Court of Common Pleas, Hamilton County, Ohio (June 2002).
Naomi Smalley v. State Teachers Retirement System
We represented a retired Ohio school teacher in claims for negligent misrepresentation against the State Teachers Retirement System. Our client, a life-long teacher in Adams County, Ohio, had been told by a representative of the defendant that she could retain her part-time position as township clerk and still retire with full benefits. When that turned out not to be true, she was forced to give up her clerkship in order to receive retirement benefits. After a three day trial, the jury returned a verdict for the full amount the client had lost. Naomi Smalley v. State Teachers Retirement System, case no. 97CVH-05-5596, Court of Common Pleas, Franklin County, Ohio (February 2001)
Miller, et al. v. Intaglio Vivi-color Alliance, Ltd.
The firm defended a Chicago based corporation against age discrimination charges filed in federal court by two long term employees who were let go as part of a reduction in force. After a five day trial, the jury returned a verdict in favor of the defendant corporation on all counts. Miller, et al. v. Intaglio Vivi-color Alliance, Ltd., case no. C-1-97-480, United States District Court, Southern District of Ohio, Western Division (October 2000)
Employees of an Airline
We represented several employees of an airline in sexual harassment charges against the airline, resulting in settlements totaling over $1.5 million before suit was filed. (1998-1999)
Spitz v. HD Bro us & Co.
In an NASD arbitration against a local broker and his firm, we asserted claims of unauthorized trading on behalf of an unsophisticated investor who’s husband had been instructing the broker on how to invest her funds. The junk bonds lost all of their value. The panel of three arbitrators awarded the claimant over $90,000. Spitz v. HD Bro us & Co., NASD Arbitration no. 98-02315 (2000)
Valeska v. Hamilton County Board of County Commissioners
We represented a former fraud investigator with the Hamilton County Department of Human Services in claims brought under the Americans with Disabilities Act. After the plaintiff had taken a leave of absence and been diagnosed with depression and other emotional disorders, she returned to work and was repeatedly harassed and mistreated by her supervisor until she was forced to quit. After a five day jury trial, a verdict was returned for the plaintiff for $700,000, which at that time was the largest verdict in an ADA case in this part of Ohio. Valeska v. Hamilton County Board of County Commissioners, case no. C-1-95-249, United States District Court, Southern District of Ohio, Western Division (June 1996)
Barlow v. Hilliard Lyons
We represented a former stock broker in claims against his brokerage firm for violation of the Americans with Disabilities act and for wrongful termination. The NASD arbitration panel, after hearing many days of testimony, awarded the claimant over $200,000 in lost income. Barlow v. Hilliard Lyons, NASD Arbitration no. 94-00904 (1996)
*These are examples of the kinds of cases we handle and some of the more successful results we have obtained. Every case is different, and not every case is successful. These examples should not be interpreted as any indication of the value or the likely outcome of any other case.