State ex rel. McKenney v. Jones,
Case No. 2021-0043 (Ohio Supreme Court)
Represented amicus curiae public defender’s office in successfully opposing writs of prohibition and mandamus sought by municipal judges against common pleas judges. (Opinion)
Voigt v. Coyote Creek Mining Co., LLC,
Case No. 18-2705 (U.S. Court of Appeals, Eight Circuit)
Obtained dismissal of a citizens suit under the Clean Air Act challenging a mine construction permit. (Opinion)
Brown & Szaller Co., LPA et al. v. Waste Management of Ohio, Inc.,
Case No. 16-CV-859588 (Court of Common Please, Cuyahoga County, Ohio)
Obtained $30.5 million all-cash settlement on behalf of class of approximately 55,000 Ohio small businesses in dispute over Waste Management’s billing practices. (Final Order)
State of Ohio v. Robert E. Searfoss III
Case No. WD-18-005 (6th Appellate District, Wood County)
Obtained reversal on appeal of multiple theft, money laundering and RICO convictions and 20-year sentence on behalf of Ohio lawyer. (Opinion)
Cobra Pipeline Co., Ltd. v. Gas Natural Inc., et al.
Case No. 15-CV-00481 (U.S. District Court, Northern District of Ohio)
Defended natural gas holding company, subsidiaries, and employees against claims that they violated the Stored Communications Act and Wiretap Act. Obtained dismissal by motion. (Opinion)
John Doe, et al. v. Richard Snyder, et al.
Case No. CA 15-1536 (U.S. Court of Appeals, Sixth Circuit)
Counsel for amici curiae supporting successful constitutional challenge to recent amendments to Michigan's Sex Offender Registration Act. The Court of Appeals concluded that retroactive application of the amendments violated the Ex Post Facto clause. (Opinion)
United States v. Paul Musgrave
Case Nos. CA 13-3872 & 15-3043 (U.S. Court of Appeals, Sixth Circuit)
Case No. 11-CR-183 (U.S. District Court, Southern District of Ohio)
Represented small-business owner convicted of $1.7 million fraud in government appeal of sentence, re-sentencing, and government appeal of second sentence. Ultimately, the Court of Appeals affirmed the district court's sentence of one day in prison and two years of home detention despite guidelines range of 57-71 months in prison. (Opinion)
City of Cleveland v. Deutsche Bank National Trust Company
Case No. CA 99944 (Eighth Appellate District, Cuyahoga County, Ohio)
Co-Counsel in successful appeal vacating criminal conviction relating to residential mortgage-backed securitization trusts. (Opinion)
William David Burnside v. Walters, et al.
Case No. 12-7892 (U.S. Supreme Court)
Represented successful petitioner to U.S. Supreme Court challenging the Sixth Circuit's rule restricting indigent plaintiffs from amending their complaints under the Federal Rules of Civil Procedure. The U.S. Supreme Court's decision to hear the case spurred the Sixth Circuit to overrule its precedent and remove its restrictions on indigent plaintiffs. (Case information and pleadings)
Andrew Dombroff v. Cuyahoga County, et al.
Case No. 12-CV-2189 (U.S. District Court, Northern District of Ohio)
Plaintiffs’ counsel in class action representing people held in Cuyahoga County for five or more days without bond being set. Obtained settlement which provided monetary relief for class members and changes in county policy requiring that bond be set and probable cause determined within 48 hours. (Consent Decree)
State of Ohio v. Officers of Privately Held Corporation[Case sealed by court order]
Defended former Chief Financial Officer charged with RICO, securities fraud, theft, and bribery. Obtained dismissal of RICO charge by motion, and ultimately obtained pre-trial dismissal of all charges by prosecutor and sealing of case. (Redacted Opinion)
Michele Ortiz v. Paula Jordan, et al.
Case No. 09-737 (U.S. Supreme Court)
Of counsel to successful petitioner to U.S. Supreme Court, a former prisoner who, after obtaining jury verdict against prison officials for unconstitutional mistreatment, had verdict reversed on appeal. The U.S. Supreme Court unanimously reversed the judgment of the Court of Appeals. (Opinion)
Sanjay Yadav v. The Cleveland Clinic Foundation
Represented interventional cardiologist, and CCF’s former Director of Vascular Intervention and Chairman of Innovations Department, in dispute that resulted in settlement of defamation and employment claims and issuance of joint statement. (Joint Statement)
United States v. Joseph H. Smith
Case No. 06-CR-00394 (U.S. District Court, Northern District of Ohio)
Obtained acquittal on conspiracy, fraud and kickback charges against former chief financial and legal officer of the Catholic Diocese of Cleveland following a six-week federal criminal trial featured in Render Unto Rome by Jason Berry (Crown 2011).
State of Ohio v. Richard Winterich
Case No. CA 89581 (Eighth Appellate District, Cuyahoga County, Ohio)
Obtained reversal on appeal of rape convictions and life sentence on behalf of 50 year old man with no prior criminal record. (Opinion)
Adcor Industries, Inc. v. Bevcorp, LLC, et al.
Case No. 03-CV-1901 (U.S. District Court, Northern District of Ohio)
Case No. CA 06-4260 (U.S. Court of Appeals, Sixth Circuit)
Represented manufacturing subsidiary of Japanese international trading company in federal criminal investigation and related civil litigation brought by competitor alleging misappropriation of trade secrets. The criminal investigation was terminated with no charges brought, and the civil suit was dismissed following a federal bench trial, which was affirmed on appeal. (Opinion 1 Opinion 2 Opinion 3)
The Official Committee of Unsecured Creditors of PHD, Inc. on Behalf of the Estate of PHD, Inc. v. Bank One, N.A., et al.
Case No. 03-CV-2466 (U.S. District Court, Northern District of Ohio)
Defended designee of venture capital firm, serving on board of directors of corporation, against claims of breach of fiduciary duty brought by creditors. Obtained dismissal by motion of all claims and created new law regarding the duties of a director of an insolvent corporation. (Opinion 1 Opinion 2)
Rosie Andujar, et al. v. Anthony M. Pilla, et al.
Case No. CV-05-565095 (Court of Common Pleas, Cuyahoga County, Ohio)
Defended Chief Financial Officer of Catholic Diocese of Cleveland in civil suit alleging financial misconduct, which was dismissed by motion. (Opinion)
Christopher Terrell v. Uniscribe Professional Services, Inc.
Case No. 04-CV-1288 (U.S. District Court, Northern District of Ohio)
Represented corporate employee in dispute concerning his right to additional incentive compensation which, after obtaining key legal rulings, resulted in successful settlement. (Opinion)
William H. Maloof v. Squire, Sanders & Dempsey, L.L.P., et al.
Case No. CA 82406 (Eighth Appellate District, Cuyahoga County, Ohio)
Defended international law firm against legal malpractice claims brought by former client seeking damages of $165 million dollars. Obtained dismissal by motion, which was affirmed on appeal. (Opinion)
United States v. James Gebbie, et al.
Case No. CA 01-1812 (U.S. Court of Appeals, Third Circuit)
Represented government contractor in federal criminal prosecution and obtained dismissal by motion of conspiracy charges, which was affirmed on appeal. (Opinion)
United States v. Peter Van Oosterhout
Case No. CA 95-5413 (U.S. Court of Appeals, District of Columbia Circuit)
Obtained dismissal by motion of $90 million civil claim against businessman brought by Department of Justice and Small Business Administration under the False Claims Act, which was affirmed on appeal. (Opinion 1 Opinion 2)