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. 

Timing of Cure Offer Norman v. Kellie Auto Sales, Inc., 10th Dist. Franklin No. 18AP-32, 2020-Ohio-4311 On application for reconsideration, the Tenth Appellate District vacated its original decision and affirmed the trial court’s decision, finding that a statutory cure offer under the Ohio Consumer Sales Practices Act (CSPA) that was made after arbitration ended couldMore

Savings Statute Moore v. Mt. Carmel Health Sys., Slip Opinion No. 2020-Ohio-4113 In this case, the Ohio Supreme Court held that when a plaintiff fails to obtain service within the one-year period to do so, and the action has neither failed (other than on its merits) nor been refiled, Ohio’s savings statute does not apply.More

Civil Liability for Criminal Act Buddenberg v. Weisdack, Slip Opinion No. 2020-Ohio-3832 In this case, the Ohio Supreme Court held that a criminal conviction is not a condition precedent to filing a claim under R.C. 2307.60 for a civil cause of action based on injuries sustained due to a criminal act. The Bullet Point: PursuantMore

After years of complaints that civil litigation costs too much and was too time-consuming, the United States Supreme Court adopted the most comprehensive amendments to the Federal Rules of Civil Procedure since their enactment on December 1, 2015.

Ability to Re-pay Rule Elliott v. First Fed. Community Bank of Bucyrus, 6th Cir. No. 19-3690, 2020 U.S. App. LEXIS 21470 (July 8, 2020) In this appeal, the Sixth Circuit Court of Appeals reversed in part the district court’s decision to grant a lender summary judgment, holding that the bank’s failure to verify and documentMore

TCPA Government-Debt Exception Barr v. Am. Assn. of Political Consultants, ___U.S.___ (2020) The United States Supreme Court affirmed the judgment of the U.S. Court of Appeals for the Fourth Circuit, striking down the 2015 government-debt exception to the TCPA and upholding the ban on robocalls made to cell phones. The Bullet Point: Congress passed theMore

Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative lawsuit is based upon acts beyond a corporation’s authority (i.e., an ultra vires act) that have already been committed, the shareholder must demonstrate that itsMore

Third-Party Beneficiary Santagate v. Pennsylvania Higher Edn. Assistance Agency (PHEAA), 10th Dist. Franklin No. 19AP-705, 2020-Ohio-3153 In this appeal, the Tenth Appellate District affirmed the trial court’s decision in part, holding that student loan servicing is not a consumer transaction under the Ohio Consumer Sales Practices Act (CSPA) and that the consumer was not anMore

Waiver of personal jurisdiction Caimona v. More Muscle Cars, LLC, 11th Dist. Trumbull No. 2019-T-0049, 2020-Ohio-2896 In this appeal, the Eleventh Appellate District affirmed the trial court’s decision finding that the defendants did not waive the defense of lack of personal jurisdiction in a refiled lawsuit by failing to assert the defense in an initialMore

Fraudulent Conveyance Koleti v. Mehlman, 1st Dist. Hamilton No. C-190015, 2020-Ohio-2708 In this appeal, the First Appellate District reversed the trial court’s decision and found that a debtor’s liability to a creditor for a fraudulent transfer of assets does not extend to the debtor’s transferee.  The Bullet Point: Pursuant to R.C. 1336.04(A)(1), a transfer madeMore