Represented a national bank in which a borrower filed counterclaims against the bank alleging that it fabricated her signature on a promissory note. After extensive discovery, we moved for summary judgment and the court ultimately granted the bank’s motion, finding that the borrower’s purported handwriting expert did not qualify as one and that the signatureMore

The plaintiff claimed that our client, a national bank, had breached the terms of a conditional loan commitment to finance the purchase and renovation of a building for a Subway restaurant by withdrawing the commitment after the plaintiff spent tens of thousands of dollars repairing the property. The case ultimately proceeded to a jury trialMore

After garnishment proceedings had been initiated against our client, a national trust company, we were able to stop the collection efforts and get a default judgment that was more than five years old vacated against the client so that the case could be litigated on its merits. 

Our client, an indirect automobile finance company, had moved to compel arbitration of a lawsuit filed against it. When the motion was denied, we appealed and were successful in not only getting the judgment reversed but also getting the appellate court to declare that the client’s arbitration clause was not substantively and procedurally unconscionable.

Represented a national bank in federal court against claims that it and its foreclosure counsel had engaged in racketeering activity in violation of RICO when it purportedly fabricated its standing to foreclose. After extensive discovery and multiple lawsuits, we were able to get judgment in favor of our client, finding, among other things, that it didMore

Represented both the LLC and its owner-members in a shareholder derivative suit challenging various changes to the corporate structure and make-up of the board of directors, ultimately resolving the case after extensive discovery and mediation practice.

Borrowers asserted numerous counterclaims and defenses in a contested foreclosure claiming that client failed to comply with HUD/FHA regulations prior to foreclosure and as a result, was stopped from foreclosing. After significant discovery, we moved for summary judgment, arguing that non-compliance with HUD/FHA regulations can only form a defense, not an affirmative cause of action,More

Representing a national mortgage servicing company, was successful in getting a judgment finding that the client’s foreclosure claim was time-barred reversed on appeal. 

Statute of Repose Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827 In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, determining that the plaintiffs’ claims were time-barred because Ohio’s saving statute does not create an exception to a true statute of repose. The Bullet Point: Statutes of limitations establish a time limitMore

Deceptive Trade Practices Act Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., Slip Opinion No. 2020-Ohio-5614 In this appeal, the Supreme Court of Ohio affirmed the lower court’s decision, agreeing that the defendant’s use of a domain name similar to its competitor’s trade name was not a violation of theMore

McGlinchey Stafford is pleased to announce that six attorneys have been recognized in the most recent editions of Mid-South Super Lawyers and Ohio Super Lawyers. Three attorneys in McGlinchey’s Jackson, Nashville, and Birmingham offices have been recognized in the 2020 edition of Mid-South Super Lawyers and three attorneys in its Cleveland office have been recognized in the 2021 edition of Ohio Super Lawyers.

Objections to Foreign Subpoena Byrd v. Lindsay Corp., 7th Dist. Mahoning No. 19 MA 0116, 2020-Ohio-5461 In this appeal, the Seventh Appellate District affirmed the trial court’s decision and agreed that the documents requested in the foreign subpoena duces tecum would not reasonably lead to the discovery of admissible evidence and thus were not relevantMore

Challenges to Arbitration Award Hughes v. Hughes, 10th Dist. Franklin No. 19AP-865, 2020-Ohio-5026 In this appeal, the Tenth Appellate District affirmed the trial court’s decision and confirmed an arbitration award. The Bullet Point: As Ohio law strongly encourages the resolution of disputes through arbitration, it strictly limits judicial review of arbitration awards. Under R.C. 2711.13,More