Significant Case Victories 

 

David J. Oberly secured a significant victory in the United States Court of Appeals for the Sixth Circuit, in which the appellate court affirmed the award of summary judgment granted to David's client, one of the nation's largest grocers, in a federal civil rights action involving noteworthy Second Amendment implications.

David J. Oberly obtained summary judgment on behalf of David's national food service corporation client in an inmate constitutional rights action venued in the United States District Court for the Northern District of Ohio involving allegations that the food service company violated the inmate's constitutional rights in connection with the food served by David's client to the inmate during the inmate's incarceration at an Ohio correctional facility, as well as various employment practices relating to the inmate's work as a member of the company's food service team.

David J. Oberly obtained judgment on the pleadings on behalf of David's national food service corporation client in an inmate constitutional rights action involving allegations that the food service company violated the inmate's constitutional rights in connection with the food served by David's client to the inmate during the inmate's incarceration at an Ohio correctional facility, as well as various practices regarding the correctional facility's commissary.

David J. Oberly obtained judgment on the pleadings on behalf of David's national food service corporation client in an inmate constitutional rights action venued in the United States District Court for the Southern District of Ohio involving allegations that the food service company violated the inmate's constitutional rights in connection with the food that was served by David's client to the inmate during the inmate's incarceration at an Ohio correctional facility.

Tabitha Justice and Nick Subashi of Subashi & Wildermuth recently represented Nationwide Agribusiness Insurance Company, and Nationwide Mutual Fire Insurance Company in a two-week jury trial in the Clinton County Court of Common Pleas. 

David J. Oberly secured a significant victory in the Ohio Supreme Court in which the state's highest court clarified that the statute of limitations in insurance agent negligence and misrepresentation actions accrues on the date the policy is issued, thereby rejecting the delayed damages rule in insurance agent/agency professional liability lawsuits.

David J. Oberly and Ray C. Freudiger obtained summary judgment on behalf of insurance agent client in fraud action venued in Cincinnati involving dispute over agent's alleged failure to procure insurance coverage for residence which sustained extensive, uncovered fire damage.

Adam E. Carr and Eric K. Grinnell secured summary judgment for a homeowner, which was unanimously affirmed on appeal, in the defense of a claim by a social guest who suffered a broken leg when the porch swing came loose.

Ray C. Freudiger and David J. Oberly obtained summary judgment on behalf of national insurance carrier in breach of contract action involving dispute over extent of coverage entitled to be insured under homeowner's insurance contract venued in Cleveland, Ohio. 

Bret C. Perry and Ronald A. Margolis secured a unanimous defense verdict in medical malpractice action involving plaintiff who suffered stroke and extensive brain damage.

Ray C. Freudiger and David J. Oberly secured a significant victory in the defense of a commercial vehicle wrongful death action at both the trial court and appellate court levels.