In
the course of more than 35 years of practice,
I have successfully handled thousands of clients'
matters, including various stages of litigation and business and estate planning.
These
have included prosecuting and defending professional negligence
(malpractice) claims against lawyers, doctors, accountants,
hospitals and architects; automobile and premises liability
personal injury actions; insurance contract coverage disputes;
commercial contract litigation and enforcement; construction-related
claims; real estate foreclosure and foreclosure disputes; employment discrimination claims; domestic relations,
parental rights and divorce; damages following breach of
fiduciary duties during trust and probate administration;
contested changes of institutional trustees; and intellectual
property litigation.
I have represented business clients with have interests or facilities in such different
locales as Canada, China, Denmark, France, Great Britain,
Germany, Mexico and the United States, for whom our principal
services involve drafting or litigating commercial instruments
and business advice.
We also assist families to develop and plan simple wills or
complex estate tax planning trusts, corporate succession
and trusts for children with special needs.
The following sample
cites of a few of the more than 50 published appellate decisions which I have litigated.
Not
included are cases that were not appealed following
final trial court decisions, or that were settled prior to
trial.
A. Lawyer Malpractice, Misconduct, or Defense of Same:
Crystal
v. Wilsman (2003, Cuyahoga Co.), 151 Ohio App.3d 512, 784
N.E.2d 764, 2003-Ohio-427 -- discovery rule applied to allow
divorce client's lawsuit to proceed when she discovered attorney's
wrongful act, some eight years after representation terminated.
Mack
v. Carlin (1987, Portage Co. App.), 1987 WL 9127 -- client
allowed to proceed against attorney who settled underlying
case contrary to client's instructions after trial court
forced client to accept settlement negotiated by his former
attorney.
Macklin
v. Newman (1985, Cuyahoga Co. App.) 1985 WL 6827 -- realtor
whose license to sell real estate impaired by wrongful conduct
of another's attorney allowed to sue lawyer for damages.
In
re Estate of Lindquist (1994, Portage Co. App.), 1994 WL
587979 -- probate court rule limiting attorney fees to a
percentage of estate held an impairment of attorney's right
to reasonable compensation.
State
ex rel. Waterman v. City of Akron (1992, Summit Co. App.)
1992 WL 308525 -- mandamus action enforced right of attorney
who solicited lawsuits to obtain municipality's accident
reports as public records.
B. Probate Litigation
Bland
v. Graves (1994, Summit Co.), 99 Ohio App.3d 123, 650 N.E.2d
117 -- will contest action resulted in verdict to set aside
will in $2.5 million estate; following appeal, new trial
ordered and case settled.
C. Zoning
Sudan
Inc. v. Village of Chagrin Falls (1991, Cuyahoga Co. App.),
1991 WL 204973 -- parking ordinance held unconstitutional
when applied to prevent weight loss clinic's application
to operate as a retail business
Ketchel
v. Bainbridge Tp. (1990), 52 Ohio St.3d 239, 557 N.E.2d 779,
1 A.L.R.5th 1137 -- by a 4-3 decision, the Ohio Supreme Court
held that large lot sizes are within the power of a township
to zone when arguable purpose is to protect underground water
supply, in spite of evidence of significantly impaired market
value of land.
D. Personal Injury/Product Liability
Piersant
v. Bryngelson (1989, Cuyahoga Co.), 61 Ohio App.3d 359, 572
N.E.2d 800 -- injured party allowed to vacate release of
claims obtained before discovery of extent of injury, in
order to maintain action against responsible driver.
Prokasy
v. Pearle Vision Center (1985, Cuyahoga Co.), 27 Ohio App.3d
44, 499 N.E.2d 387, 27 O.B.R. 4 -- Sales Act recognized as
stating separate cause of action for product liability claim
arising out of vision impairment following dispensing of
improperly filled contact lens prescription.
E.
Commercial Litigation
Horvat
v. Integrated Petroleum Co., Inc. (1986, Trumbull Co. App.),
1986 WL 10004 -- oil and gas limited partnership ordered
to be allowed to intervene in landowner's action to cause
forfeiture of oil and gas lease issued to related-entity
well drilling company.
F. Criminal Law
State
v. Ferguson (1983), 5 Ohio St.3d 160, 450 N.E.2d 265, 5 O.B.R.
380 -- new trial ordered following rape conviction of case tried by another attorney.
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