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.
Dismissal Affirmed on Appeal in Ohio Personal Injury Lawsuit
Our motion to dismiss was affirmed on appeal after the Ninth District Court of Appeals found that the 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, which was later dismissed without prejudice to allow more time to develop the plaintiff’s medical records. When he refiled his suit, he again named a county department as the defendant. We filed a motion to dismiss, arguing that a county department does not have the capacity to be sued. The plaintiff then filed a motion to amend the complaint and again named the county. In our motion to dismiss the amended complaint, we argued 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. The 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.
Summary Judgment on Behalf of Former Mayor in Civil Rights Lawsuit
Jillian won summary judgment in favor of her client, a former suburban mayor, after seven years of protracted litigation, arising out of alleged defamation. In 2016, Jillian’s client was arrested for domestic violence. Although the criminal case was ultimately dismissed, the charge significantly tarnished her personal life and career and she lost re-election. In 2017, the police chief and a lieutenant that led the investigation into the criminal charge left their positions, allegedly forced out by the mayor. Documents regarding the sealed criminal charges were found in both offices, which spurred an internal investigation and review by an outside prosecutor. The internal investigation found that there were significant deficiencies in the criminal investigation and found that the officers likely obstructed justice as a result of these deficiencies. The outside prosecutor found that, although there was probable cause for an arrest, there likely was not enough evidence for a conviction. Because of the ongoing election, the criminal charges and internal investigation were the subject of several public records requests by the local police union as well as council members. On the eve of releasing the investigation as a public record, the acting chief of police, allegedly at the behest of the mayor, gave a press conference in which he announced the results of the investigation and the possible related criminal charges. The acting chief of police stated that the press conference was necessary because of the political situation – likely referring to the mayor’s reelection campaign. The court dismissed the action at summary judgment on both procedural grounds and on the merits finding that none of the comments made in the press conference were false or disparaging.
Summary Judgment Secured in Protracted Defamation Case
We won summary judgment for a former suburban mayor after seven years of litigation. As background, in 2016, our client was arrested for domestic violence, but the criminal case was ultimately dismissed for lack of evidence and sealed. In 2017, after the police chief and lieutenant left their positions, the City found documents regarding the sealed charges against the mayor in their offices. This spurred an internal investigation into the police investigation into the mayor, which found that there were significant deficiencies in the criminal investigation. The outside prosecutor found that, although there was probable cause for an arrest, there likely was not enough evidence for a conviction. As a result of the ongoing mayoral campaign at that time, the criminal charges and internal investigation were the subject of several public records requests. On the eve of releasing those public records, the City held a press conference announcing that the former police chief’s and lieutenant’s investigation into our client was improper and possibly criminal. After the press conference, the police chief and lieutenant sued the mayor, the acting police chief, and the City for defamation and related claims. The court dismissed the action at summary judgment on both procedural grounds and on the merits, finding that none of the comments made in the press conference were false or disparaging.
Successful Defense of Local Municipality in Employment Law Matter
Several police cadets were not allowed to take the state licensing exam after the municipality learned that those cadets had been cheating to complete academy requirements. The cadets were referred for disciplinary charges and then terminated. They brought suit, alleging due process violations for allegedly holding sham post-disciplinary hearings, predetermining termination, and not allowing them access to the evidence against them. Select plaintiffs also alleged racial discrimination. The plaintiffs' entire suit was dismissed on summary judgment when the Northern District of Ohio found that the plaintiffs had not completed their probationary period and, thus, did not have a property interest in their employment with the municipality. The court further found that the municipality's decision to terminate the employees for failure to take the state test was a reasonable decision and did not violate their substantive due process rights. Finally, the plaintiffs were unable to present any evidence to support a racial discrimination claim.
