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Jillian L. Dinehart

Portrait of Jillian L. Dinehart

Jillian is a member of the firm’s Professional Liability Department where she focuses her practice across a broad spectrum of professional liability matters, including but not limited to, the defense of municipalities and their employees, non profit directors and officers, real estate professionals, insurance agents and brokers, and employers. She has practiced in both state and federal courts and has argued before the Sixth Circuit Court of Appeals.

Jillian has been defending municipalities and their employees since 2013 and she has continued this practice with Marshall Dennehey, now leading the Cleveland office’s professional liability practice.  Although varied, Jillian’s public-sector liability practice focuses on police practices, sovereign immunity issues as well as labor and employment claims. Her employment practice extends to private employers, defending claims before the Ohio Civil Rights Commission, the EEOC, Ohio and federal courts regarding discrimination, harassment and retaliation, including claims brought pursuant to Title VII, the ADA, ADEA, the FMLA, trade secret litigation, whistleblower actions, housing discrimination and related tort claims.   

In her real estate work, Jillian has a strong track record of obtaining favorable results for real estate agents, real estate brokers, title agents, and home inspectors in cases brought against them related to alleged negligence, misrepresentation, disclosure errors, and contract disputes.  Jillian also concentrates her practice on D&O liability defending condominium and homeowners associations, as well as their directors, officers, and property managers, in matters involving alleged breaches of fiduciary duty, declaration disputes, real property document issues, and FHA, HUD and Fair Housing claims.  Additionally, she routinely defends insurance agents and brokers and miscellaneous professionals in matters pertaining to negligence, errors and omissions.  Jillian also has lived experience in non-profit D&O liability as a volunteer president of the board to a local community development corporation.

Further, Jillian’s practice extends to privacy and data breach matters, where she helps clients manage cyber risk and navigate incident response, containment, and compliance obligations. She also has experience defending corporate and individual insureds in product liability, construction, premises liability, and personal injury claims. 

A native of New York’s Finger Lakes region, Jillian earned her Bachelor’s Degree in Political Science from SUNY Albany. She received her juris doctor from Case Western Reserve University School of Law, where she launched her litigation career as an award winning student in the Criminal Defense Clinic. Before joining the firm in 2017, she gained valuable public sector experience as a judicial staff attorney and assistant director of law—skills she continues to draw upon in her advocacy for political subdivision clients.

Outside the office, Jillian can often be found enjoying live music or exploring the Cleveland MetroParks with her husband and their dogs.

    • Case Western Reserve University School of Law (J.D., 2010)
    • State University of New York at Albany (B.A., magna cum laude, 2006)
    • Ohio, 2010
    • U.S. District Court Northern District of Ohio, 2014
    • U.S. Court of Appeals 6th Circuit, 2015
    • The Best Lawyers: Ones to Watch®, Health Care Law (2023)
    • The Best Lawyers: Ones to Watch©, Personal Injury Litigation - Defendants (2024)
    • The Best Lawyers in America©, Personal Injury Litigation - Defendants (2026)
    • American Bar Association
    • Cleveland Metropolitan Bar Association
    • Ohio Personal Injury Litigation: Secrets Only the Top Attorneys Know, National Business Institute (NBI) Webinar, December 15, 2022
    • Political Subdivision Tort Liability, Cuyahoga County Common Pleas Court, August 2015
    • Brief Advice Clinic with Legal Aid Society of Greater Cleveland, 2009
    • Immigration Clinic with Catholic Charities, 2009
    • AmeriCorps Service Member benefitting Legal Aid of Western New York, 2009
    • Jillian’s Motion to Dismiss was affirmed on appeal after the Ninth District Court of Appeals found that Plaintiff had sued a non sui juris entity by suing a county department in a personal injury suit.  The Plaintiff initially filed suit against the department, and later dismissed without prejudice to allow more time to develop Plaintiff’s medical records.  When he refiled his suit, he again named a county department as the defendant.  Jillian filed a Motion to Dismiss arguing that a county department does not have the capacity to be sued.  Plaintiff then filed a Motion to Amend the Complaint and named the county.  Jillian then filed a Motion to Dismiss the Amended Complaint arguing that the plaintiff was outside of the statute of limitations and that the change in defendant could not relate back to the originally filed suit.  Plaintiff’s argument that naming the department was merely a misnomer and that the Amended Complaint should relate back to the original filing failed and the trial court dismissed the case.  After oral argument, the appellate court affirmed the decision.
    • In 2023, Jillian went to trial in a motor-vehicle accident case in which she represented a driver that had died while the case was pending.  There was also a large, financially successful, corporate co-defendant represented by other counsel.  The plaintiff had sustained a broken arm in the accident that was surgically repaired.  Jillian’s client had admitted liability, so the case was solely to be heard on the value of the injury, and the liability of the corporate co-defendant.  Likely counting on the deep pockets of the co-defendant, the Plaintiff’s pre-suit demand was not rationally related to the injury or in the realm of similar verdicts in the region.  During the first day of trial, Jillian formed a clear rapport with the jury panel, often engaging in friendly banter with the potential jurors about their own experiences in car accidents, injuries similar to the plaintiff’s, and the social impact of surgical scars.  This rapport was in direct contrast to a very dry voir dire by plaintiff’s counsel and was bolstered by a similarly friendly voir dire by the co-defendant’s counsel.  The parties completed their opening statements and returned to court in the morning, at which time the plaintiff asked to engage in settlement discussions.  As a result of Jillian’s trial performance, the case settlement for $1.5 Million less than the plaintiff’s demand the day before trial.

Results

Successfully Defended a Suburban Mayor in a Defamation Case

We successfully defended an appeal of a trial court decision dismissing a defamation claim against a suburban mayor. The plaintiff, a former police officer, brought actions against a former city mayor and related defendants, asserting defamation, false light and related claims. The plaintiff alleged that statements made during a press conference disparaged him and violated a non-disparagement clause in his separation agreement. The court ruled the defamation and false light claims were correctly barred by the one-year statute of limitations under R.C. 2305.11(A) where the saving statute, R.C. 2305.19(A), permitted refiling in federal court, but did not toll limitations for subsequent state filings after the federal court dismissal. The appellate court also found the former mayor’s statements, regarding police leaders who allegedly retaliated against her, were deemed truthful and, thus, not defamatory or disparaging.   

Summary Judgment Won in Slip and Fall Case Involving a Large Supermarket Chain

We won summary judgment in Franklin County, Ohio, for a large supermarket chain in a slip-and-fall case. The plaintiff alleged he slipped and fell in the parking lot on ice that remained more than two days after the most recent snow fall and after the lot had been plowed and salted by a co-defendant. The plaintiff’s expert opined that no amount of remaining snow or ice is acceptable and that the standard of care according to the Ohio Building Code requires complete removal in order to maintain a “slip-resistant” surface. However, in Ohio, a premises owner is not liable for natural accumulations of snow and ice because persons are expected to appreciate the danger. The plaintiff’s expert did not opine as to what the defendants should have done, other than to completely remove the snow and ice. The court struck the plaintiff’s expert’s untested opinion as being unhelpful to a jury and found that the Ohio Building Code did not apply to the plaintiff’s pleadings without a claim for negligence per se. In disregarding the expert opinions, the court also found that the remaining snow and ice was “natural,” even though there had been attempted removal.

Thought Leadership

Case Law Alerts

Aw Heck, As-Applied Challenges do not Implicate a Conviction

April 1, 2026

A new ruling from SCOTUS gives a lesson in Greek mythology, but more importantly makes it a near certainty that civil-rights plaintiffs will be able to run their malicious prosecution suit through summary judgment, despite a conviction. The oral argument led many to believe that the justices felt this was a complicated case, but in Olivier v. City of Brandon, a unanimous Court found that a suit that seeks prospective relief from arrest is not barred by the previous ruling in Heck v. Humphrey. Heck holds that a civil suit cannot invalidate a criminal conviction and is most often cited in cases arguing dismissal of a malicious prosecution claim because the plaintiff had been found guilty of the relevant charge. However, under Olivier, if the same plaintiff pleads prospective injunctive relief, the case may continue without an ad damnum request for damages. The result is an as-applied constitutional challenge of the law under which the plaintiff was convicted. There is no question that there is merit in reviewing the constitutionality of statutes and ordinances – but the as-applied challenge comes with significant expense and limited functional results. The Court even acknowledges that for Olivier to succeed in his suit for prospective relief, a court would find “something past should not have occurred” – that “something past” being a conviction in most cases. To come to this conclusion and avoid the implications of Heck, Justice Kagan drew a parallel to a citizen that seeks to enjoin enforcement of an ordinance that would prevent the plaintiff from exercising his free speech in the manner he desires – of course before the exercise actually occurs. There is no question that Heck does not apply in the case of a preliminary injunction, but Olivier presents an interesting glance into a criminal justice system that allows an accused to challenge the constitutionality during the criminal trial, get convicted, then challenge the constitutionality again in a civil suit. Practitioners should consider a request for prospective relief as an as-applied constitutional challenge that will likely need to be briefed at the summary judgment stage, therefore requiring discovery into the circumstances of the arrest.

Case Law Alerts

Totality of the Circumstances: Tasing Okay in Immediate Passive Resistance

January 1, 2026

In a colorful opinion from the Sixth Circuit, the court found that it was not excessive force to tase the plaintiff when he refused to supply his hand for cuffing in the wake of more significant refusals to submit to the police officers’ authority. Feagin marks a return to the totality of the circumstances review, holding that there must be a comprehensive look at any relevant event that influences the use of force. The officers first encountered Mr. Feagin driving a Lincoln SUV, windows down, drinking liquor, smoking marijuana and driving down the middle of the street, causing the police vehicle to go into the ditch. There was a short pursuit before Mr. Feagin pulled over into a crowded supermarket parking lot, at which time the officers noticed the rear window appeared to be shot out. As the officers approached the vehicle, Mr. Feagin rolled up the windows. When an officer reached the driver’s side window, the SUV began to roll backwards. The officers banged on the windows, and the SUV stopped rolling. Mr. Feagin opened the driver’s door, and the officers grabbed his arm, causing him to limply lean out the door, at which time he began to resist and struggled to keep his body inside the driver’s compartment. During this struggle, bullets were falling from Mr. Feagin’s pockets. Once on the ground, the two officers tried to get Mr. Feagin cuffed, one officer attempt to grab his left arm, while the other had a partial hold on his torso. Mr. Feagin’s right arm remained free and flailing against the SUV. The officer holding Mr. Feagin’s torso tased him, allowing the officers to fully detain Mr. Feagin and place him in the rear of the police cruiser. Mr. Feagin alleged that the tase was excessive force, and the district court agreed, finding there was a question of fact, whether Mr. Feagin was actively or passively resisting at the time the taser was used. The Sixth Circuit reversed, holding that the entire encounter with Mr. Feagin should be considered, during which there were numerous times of active resistance. The Circuit Court also held that, even if the taser was utilized during the “twilight” between active and passive resistance, the doubt should be resolved in favor of the officer making split second decisions where the threat or degree of resistance is unclear. The court held: “We impose liability on individual officers only in the rare instance where an officer tases a suspect who posed no danger and was fully compliant with officer’s commands or had completely ceased resisting at the time of tasing.” A dissenting opinion (J. Clay) pressed for a more limited review of the case, finding that the argument was based in fact, as opposed to legal analysis. In assessing the Circuit Court’s duty, the majority opinion railed against the dissent to hold: "[T]he mere existence of ‘competing allegations on both sides’ does not stand in the way of us assessing whether legal arguments likewise exist. (***) We instead consider the facts in a light most favorable to the plaintiff. Any other approach risks eliminating our review altogether in this setting. After all, facts permeate every qualified immunity dispute. And qualified immunity exists to protect against a government official’s mistake of both fact and law. Those protections would be ‘effectively lost if’ an appeal were dismissed and a case ‘permitted to go to trial’ simply because a party highlighted factual disputes in the court of appeal. So rather than throwing up our hands whether the parties disagree over the facts or whenever the district court has assessed the record, we instead roll up our sleeves and train our attention on any remaining legal questions." (Internal citations omitted.) The Feagin opinion should be cited by every defense practitioner in a tasing case or in a case where it seems the fact questions should outweigh the legal analysis.

Firm Highlights

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.