Overview

Scott is a partner in the firm's Business Litigation, and Product Liability Litigation practice groups. He focuses his practice on representing financial institutions and corporations in Uniform Commercial Code matters, including warranty law, sales, commercial paper and secured transactions, class actions, creditors' rights and lender liability, employer intentional tort, product liability, intellectual property and general commercial litigation.

Experience
  • Represented financial institutions and mortgage servicers, both in individual and class actions, in a variety of cases, including commercial foreclosures, commercial collection and replevin, cases alleging wrongful/abusive collection tactics, wrongful repossession, wrongful foreclosure, tortious interference, conspiracy, defamation, preference, and violations of the Consumer Sales Practices Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, Retail Installment Sales Act, Second Mortgage Loan Act and the Truth In Lending Act.
  • Represented automobile manufacturers, automobile dealers and automobile financing companies, defending claims brought under the Consumer Sales Practices Act, Deceptive Trade Practices Act, Home Solicitation Sales Act, Magnuson Moss Warranty Act, Retail Installment Sales Act and the Truth In Lending Act in both individual and class actions.
  • Prosecuted actions against mortgage brokers, appraisers and title companies for negligence, conspiracy and fraud in connection with the purchase and sale of residential mortgage loans on the secondary market.
  • Represented purchasers, suppliers and manufacturers in product liability commercial breach of warranty actions, including actions arising from allegedly defective aircraft hoses; aluminum can manufacturing equipment; automobiles, including brakes, electrical systems, seats, tires, wheels and rollover resistance; carbonless paper equipment; computer software; electrical switches; forklifts; handgun accessories; hot chocolate machines; industrial pumps; industrial shears; industrial tension levelers; infant car seats; lathes; mobile homes; miter saws; press controls; smokestack panels, tractors, valves; vision testing machines; wire harness socks; and x-ray machines.
  • Represented manufacturers in numerous employer intentional tort cases, in the aircraft, aluminum, automobile, chemical, convenience store, forging, meat packing, rubber, steel and transportation industries.
  • Asserted and defended claims for patent, copyright and trademark infringement and trade secret misappropriation.
  • Represented manufacturers and franchisors in terminated distributorship and franchise cases.
  • Prosecuted and defended breach of fiduciary duty, minority shareholder freeze out, preemptive rights, oppression, wrongful termination and tortious interference claims for and against closely held corporations.
Reported Cases

Financial Institution/Consumer Law

  • Wells Fargo Bank, N.A. v. Horn, 142 Ohio St.3d 416, 2015-Ohio-1484 (proof of standing may be submitted subsequent to the filing of the complaint).
  • Bank of America, N.A. v. Kuchta, 141 Ohio St. 3d 75, 2014-Ohio-4275 (standing may not be challenged post-judgment).
  • Fed. Home Loan Mortgage Corp. v. Schwartzwald, 134 Ohio St. 3d 13, 2012-Ohio-5017 (setting standard for standing in mortgage foreclosures).
  • Flagstar Bank, FSB v. Airline Union Mortgage Co., 128 Ohio St. 3d 529, 2011-Ohio-1961 (setting statute of limitations for bank's claim against appraiser of collateral).
  • Alexander v. Wells Fargo Financial Ohio I, Inc., 122 Ohio St.3d 341, 2009 Ohio 2962 on remand, 2009-Ohio-4873 (obtaining a dismissal of a class action based on a class action waiver in a consumer arbitration agreement).
  • U.S. Bank, Natl. Assn. v. Sanders, 2017-Ohio-1160, Ohio 8th Dist. Court of Appeals (foreclosure decree is a final order that cannot be challenged in appeal from sheriff sale).
  • Deutsche Bank Natl. Trust Co. v. Baxter, 2017-Ohio-1364, Ohio 8th Dist. Court of Appeals (bankruptcy of New Century Mortgage does not preclude holder from enforcing note).
  • U.S. Bank, Natl. Assn. v. Hull, 2017-Ohio-2914, Ohio 8th Dist. Court of Appeals (res judicata precludes post-judgment motion challenge to standing).
  • U.S. Bank, N.A. v. Matthews, 2017-Ohio-4075, Ohio 8th Dist. Court of Appeals (standards for summary judgment affidavits).
  • U.S. Bank Natl. Assn. v. Crow, 2016-Ohio-5391, Ohio 7th Dist. Court of Appeals (standards for summary judgment affidavits).
  • Washington Mut. Bank, F.A. v. Wallace, 2016-Ohio-7992, Ohio 12th Dist. Court of Appeals (post judgment attacks on standing not permitted).
  • U.S. Bank Natl. Assn. v. Beach, 2016-Ohio-4938, Ohio 9th Dist. Court of Appeals (standing based on possession of a note by an agent).
  • Wells Fargo Bank, N.A. v. Roehrenbeck, 2016-Ohio-1273, Ohio 5th Dist. Court of Appeals (failure to serve electronic copies of admissions).
  • Bank of New York Mellon v. Ackerman, 2016-Ohio-960, Ohio 2nd Dist. Court of Appeals (time for objecting to magistrate decision does not include 3 days for mail service).
  • Deutsche Bank Natl. Trust Co. v. Brown, 2016-Ohio-907, Ohio 9th Dist. Court of Appeals (statement in acceleration letter that additional installments may become due does not make cure amount ambiguous).
  • Wells Fargo Bank, N.A. v. Hazel, 2016-Ohio-305, Ohio 10th Dist. Court of Appeals (law of the case doctrine).
  • Wells Fargo Bank, N.A. v. Roehrenbeck, 2016-Ohio-1273, Ohio 5th Dist. Court of Appeals (electronic service of requests for admissions).
  • Bank of New York Mellon v. Ackerman, 2016-Ohio-960, Ohio 2nd Dist. Court of Appeals (post judgment assertion of affirmative defense).
  • Deutsche Bank Natl. Trust Co. v. Brown, 2016-Ohio-907, Ohio 9th Dist. Court of Appeals (inclusion of warning to make upcoming payments in acceleration notice).
  • Wells Fargo Bank, N.A. v. Hazel, 2016-Ohio-305, Ohio 10th Dist. Court of Appeals (failure to plead lack of compliance with HUD regulations waives defense).
  • Wells Fargo Bank, N.A. v. Myers, 2015-Ohio-4212, Ohio 6th Dist. Court of Appeals (what constitutes an appearance for the purposes of a motion for default judgment) 
  • Wells Fargo Bank, N.A. v. Grutsch, 2015-Ohio-4721, Ohio 5th Dist. Court of Appeals (excusable neglect for the purposes of a Rule 60(B) motion)
  • U.S. Bank Natl. Assn. v. Avery, 2015-Ohio-3908, Ohio 5th Dist. Court of Appeals (mortgagor may not use federal consent decree as a defense to foreclosure).
  • Wells Fargo Bank v. Blenman, 2015-Ohio-3175, Ohio 12th Dist. Court of Appeals (modification adding advances for taxes, assessments, insurance premiums, or costs incurred
    for the protection of the mortgaged premises retains priority over second mortgage).
  • Wells Fargo Bank, N.A. v. Washington, 2015-Ohio-2988, Ohio 12th Dist. Court of Appeals (reversal of foreclosure judgment does not impact purchaser’s title).
  • Wells Fargo Bank v. Watson, 2015-Ohio-2599, Ohio 11th Dist. Court of Appeals (Fannie Mae’s ownership of note did not preclude servicer holding bearer paper of standing).
  • Neff v. Flagstar Bank, FSB, Case No. 14-3837 (U.S. Sixth Cir. 2015) (lender’s representations of a potential modification does not give rise to a claim for fraud or promissory estoppel).
  • U.S. Bank v. Malyuk, 2015-Ohio-2385, Ohio 8th Dist. Court of Appeals (post judgment loan modification moots counterclaim).
  • U.S. Bank Natl. Assn. v. Duvall, 2015-Ohio-2275, Ohio 8th Dist. Court of Appeals (personal knowledge requirements for affidavit).
  • U.S. Bank Natl. Assn. v. Dattilo, 2015-Ohio-2160, Ohio 8th Dist. Court of Appeals (failure to object to magistrate decision waives error).
  • Wells Fargo Home Mtge. v. Chun, 2015-Ohio-1827, Ohio 8th Dist. Court of Appeals (requirements for notice of sheriff sale).
  • Wells Fargo Bank, N.A. v. McGowan, 2015-Ohio-1544, Ohio 8th Dist. Court of Appeals (foreclosure standing shown by having an interest in either note or mortgage).
  • U.S. Bank, N.A. v. Wiggins, 2015-Ohio-1145, Ohio 8th Dist. Court of Appeals (no need to name estate in foreclosure action when decedent’s interest terminated).
  • Wells Fargo Bank, N.A. v. Vasquez, 2015-Ohio-717 (Ohio 9th Dist. Court of Appeals) (standing may not be raised post judgment).
  • Deutsche Bank Natl. Trust Co. v Freeman 2015-Ohio-749 (Ohio 5th Dist. Court of Appeals ) (failure to understand civil rules not a basis to vacate judgment).
  • Wells Fargo Bank, N.A. v. Clucas, 2015-Ohio-88, Ohio 9th Dist. Court of Appeals (ability to challenge mortgagee standing post judgment).
  • Wells Fargo Bank, N.A. v. Goebel, 2015-Ohio-38, Ohio 2nd Dist. Court of Appeals (evidence to show lack of face-to-face compliance).
  • Wells Fargo Bank, N.A v. Fridley, 2014-Ohio-5604, Ohio 9th Dist. Court of Appeals (obligation to name estate in foreclosure action).
  • Wells Fargo Bank, N.A. v. Wallace, 2014-Ohio-5317, Ohio 12th Dist. Court of Appeals (limits of law of the case doctrine following Supreme Court remand).
  • Wells Fargo Bank, N.A. v. Rennert, 2014-Ohio-5293, Ohio 8th Dist. Court of Appeals (priority of mortgage over judgment lien).
  • Wells Fargo Bank, N.A. v. Hammond, 2014-Ohio-5270, Ohio 8th Dist. Court of Appeals (standard for summary judgment affidavit).
  • Wells Fargo Bank, N.A. v. Heimbaugh, 2014-Ohio-4637, Ohio 6th Dist. Court of Appeals (failure to file answer because of loan modification discussions is not excusable neglect).
  • Wells Fargo Bank, N.A. v. Dumm, 2014-Ohio-3124, Ohio 4th Dist. Court of Appeals (face-to-face as a condition precedent to foreclosure).
  • Iqbal v. Wells Fargo Bank, N.A., 2014-Ohio-3156, Ohio 10th Dist. Court of Appeals (mortgagee's obligation as to insurance proceeds when property is declared a nuisance).
  • Wells Fargo Bank, N.A. v. Byers, 2014-Ohio-3303, Ohio 10th Dist. Court of Appeals (impact of timing of assignment on mortgage standing to commence foreclosure action).
  • U.S. Bank, N.A. v. Marino, 2014-Ohio-3453, Ohio 5th Dist. Court of Appeals (ability to challenge mortgagee's standing post-judgment).
  • Deutsche Bank Natl. Trust Co. v. Byrd, 2014-Ohio-3704, Ohio 9th Dist. Court of Appeals (proof of mailing of default notice).
  • Wells Fargo Bank, N.A. v. Henry, 2014-Ohio-3768, Ohio 11th Dist. Court of Appeals (ability to challenge mortgagee's standing post-judgment).
  • Wells Fargo Bank, N.A. v. Bischoff, 2014-Ohio-967, Ohio 3rd Dist. Court of Appeals (attending a pretrial conference is not an appearance for the purposes of Rule 55).
  • Wells Fargo Bank, N.A. v. Murphy, 2014-Ohio-2937, Ohio 7th Dist. Court of Appeals (elements necessary to prove claim on note).
  • Wells Fargo Bank, N.A. v. Bielec, 2014-Ohio-1805, Ohio 10th Dist. Court of Appeals (payments under a HAMP trial payment plan do not give rise to permanent modification).
  • Wells Fargo Bank, N.A. v. Smith, 2014-Ohio-1802, Ohio 4th Dist. Court of Appeals (cannot base post judgment motions on arguments available prior to judgment).
  • Fed. Home Loan Mtge. Corp. v. Trissell, 2014-Ohio-1537, Ohio 2nd Dist. Court of Appeals (assignment of mortgage gives rise to presumption of assignment of note).
  • Wells Fargo Bank, N.A. v. Stevens, 2014-Ohio-1399, Ohio 7th Dist. Court of Appeals (a promise of a loan modification is not a meritorious defense under Rule 60(B)). 
  • Wells Fargo Bank, N.A. v. Bischoff, 2014-Ohio-967, Ohio 3rd Dist. Court of Appeals (attending a pretrial conference is not an appearance for the purposes of Rule 55).
  • Wells Fargo Bank v. Perkins, 2014-Ohio-1459, Ohio 10th Dist. Court of Appeals (res judicata attaches to post judgment standing challenges)
  • Wells Fargo Bank, N.A. v. Goebel, 2014-Ohio-472, Ohio 2nd Dist. Court of Appeals (compliance with face-to-face requirements for FHA mortgages).
  • HSBC Bank USA, Natl. Assn. v. Bailey, 2014-Ohio-246, Ohio 11th Dist. Court of Appeals (challenging standing in a post-judgment motion).
  • Deutsche Bank Natl. Trust Co. v. Green, 2014-Ohio-408, Ohio 5th Dist. Court of Appeals (challenging standing in a post-judgment motion).
  • Wells Fargo Bank, N.A. v. Gerst, 2014-Ohio-80, Ohio 5th Dist. Court of Appeals (compliance with face-to-face requirements for FHA mortgages).
  • U.S. Bank v. Cooper, 2014-Ohio-61, Ohio 9th Dist. Court of Appeals (standing as a jurisdictional requirement).
  • Deutsche Bank Natl. Trust Co. v. Santisi, 2013-Ohio-5848, Ohio 11th Dist. Court of Appeals (challenging standing in a post-judgment motion).
  • Wells Fargo Bank, N.A. v. Thatcher, 2013-Ohio-5828, Ohio 11th Dist. Court of Appeals (adequacy of notice of default).
  • HSBC Bank USA, Natl. Trust Co. v. Teagarden, 2013-Ohio-5816, Ohio 11th Dist. Court of Appeals (FDCPA claims against a mortgage servicer and trustee of securitized trust).
  • HSBC Bank USA, Natl. Assn. v. Surrarrer, 2013-Ohio-5594, Ohio 8th Dist. Court of Appeals (duty of a lender to object to tax appraisals).
  • Wells Fargo Bank, N.A. v. Roehrenbeck, 2013-Ohio-5498, Ohio 5th Dist. Court of Appeals (mortgagee has standing to foreclose based upon possession of note only).
  • Wells Fargo Bank, N.A. v. Rahman, 2013-Ohio-5037, Ohio 10th Dist. Court of Appeals (review of a magistrate's decision without a transcript).
  • Wells Fargo Bank, N.A. v. Arlington, 2013-Ohio-4659, Ohio 5th Dist. Court of Appeals (challenging standing in a post-judgment motion).
  • HSBC Bank USA v. Sherman, 2013-Ohio-4220, Ohio 11th Dist. Court of Appeals (mortgagee standing based upon assignment of mortgage).
  • Everbank v. Vanarnhem, 2013-Ohio-3872, Ohio 3rd Dist. Court of Appeals (standards for excusable neglect).
  • Wells Fargo Bank, N.A. v. Griffitts, 2013-Ohio-3472 (requirement to amend a notice of appeal).
  • U.S. Bank National Association v. Stanze, 2013-Ohio-2474, Ohio 2nd Dist. Court of Appeals (waiver of defense based on HUD's face-to-face regulation).
  • U.S. Bank National Association v. Armstrong, 2013-Ohio-2130, Ohio 6th Dist. Court of Appeals (national bank has no obligation to register with Secretary of State).
  • HSBC Bank, N.A. v. Wanda, 2013-Ohio-1556, Ohio 8th Dist. Court of Appeals (effect of dismissals without prejudice).
  • Flagstar Bank, FSB v. Hairston, 2013-Ohio-1151, Ohio 10th Dist. Court of Appeals (standard for excusable neglect for relief from judgment).
  • Deutsche Bank National Trust Co. v. Green, 2013-Ohio-977 (res judicata as a bar to a motion for relief from judgment).
  • Wells Fargo Bank N.A. v. Thompson, 2013-Ohio-644 (standards for relief from a judgment of foreclosure).
  • HSBC Bank USA v. Warner, 2013-Ohio-201, Ohio 6th Dist. Court of Appeals (ownership of note not required to foreclose mortgage).
  • U.S. Bank N.A. v. Adams, 2012-Ohio-6253 Ohio 6th Dist. Court of Appeals (Mortgagee Standing).
  • Bank of New York v. Wahle, 2012-Ohio-6152, Ohio 9th Dist. Court of Appeals (ability to depose affiant under Civil Rule 30(B)(6) not (e).
  • Wells Fargo Bank, N.A. v. McConnell, 2012-Ohio-5159, Ohio 5th Dist. Court of Appeals (summary judgment in foreclosure action).
  • Bank of America v. Kuchta, 2012-Ohio-5562, Ohio 9th Dist. Court of Appeals (lack of standing in a Rule 60(B) Motion).
  • Wells Fargo Bank, N.A. v. Hazel, 2012-Ohio-5770, Ohio 10th Dist. Court of Appeals (face-to-face meeting compliance as a condition precedent).
  • Wells Fargo Bank, N.A. v. Dombroski, 2012-Ohio-5858, Ohio 10th Dist. Court of Appeals (standards for a meritorious defense under Rule 60(B)).
  • Flagstar Bank, F.S.B. v. Cintron, 2012-Ohio-5914, Ohio 2nd Dist. Court of Appeals (right of recission under Truth-In-Lending Act).
  • U.S. Bank Nat'l Assn. v. Bartholomew, 2012-Ohio-3703, Ohio 5th Dist. Court of Appeals (enforceability of HAMP trial period plan).
  • Wells Fargo Bank, N.A. v. Brandle, 2012-Ohio-3492, Ohio 2nd Dist. Court of Appeals (lack of standing as grounds for relief under Rule 60(B)).
  • Wells Fargo Bank, N.A. v. Baldwin, 2012-Ohio-3424, Ohio 12th Dist. Court of Appeals (lack of consideration as a bar to enforcement of HAMP trial period plan).
  • Wells Fargo Bank, N.A. v. Unknown Heirs of Kovach, 2012-Ohio-3259, Ohio 8th Dist. Court of Appeals (trial court's powers to manage docket).
  • Flagstar Bank F.S.B. v. Richison, 2012-Ohio-3198, Ohio 3rd Dist. Court of Appeals (holder in due course as a defense to foreclosure).
  • Wells Fargo Bank N.A. v. Sowell, 2012-Ohio-2987, Ohio 10th App. Dist. (face-to-face meeting requirements for VA loans).
  • Wells Fargo Bank N.A. v. Messina, 2012-Ohio-3019, Ohio 11th App. Dist. (standing as a jurisdictional prerequisite).
  • Perme v. Union Escrow Co., 2012-Ohio-2389, Ohio 8th Dist. Court of Appeals (reversing class certification, lack of predominance).
  • U.S. Bank N.A. v. Bayless, 2012-Ohio-2853, Ohio 5th Dist. Court of Appeals (res judicata in multiple appeals).
  • Wells Fargo Bank N.A. v. Smith, 2012-Ohio-1672, Ohio 11th Dist. Court of Appeals (effect of no oral modification clause in loan documents).
  • Bank of America v. McLaughlin, 2012-Ohio-2341, Ohio 6th Dist. Court of Appeals (robo-signing as grounds for relief from judgment).
  • Deutsche Bank Nat'l Trust Co. v. Oyortey, 2012-Ohio-1616, Ohio 10th Dist. Court of Appeals ("inequitable" foreclosure as grounds for relief under 60(B)).
  • U.S. Bank N.A. v. Marino, 2012-Ohio-1487, Ohio 5th Dist. Court of Appeals (lack of standing as grounds for relief under 60(B).
  • Bank of New York Mellon v. Ackerman, 2012-Ohio-956, Ohio 2nd. Dist. Court of Appeals (loan modification negotiations as a defense to foreclosure).
  • J. Bowers Construction Co., Inc. v. Vinez, 2012-Ohio-1487, Ohio 5th Dist. Court of Appeals (Federal Express as service of process).
  • Wells Fargo Home Mortgage Inc. v. Landram, 2012-Ohio-1088, Ohio 2nd Dist. Court of Appeals (modification discussions as grounds for relief under 60(B)).
  • Wells Fargo Bank, N.A. v. Allen, 2012-Ohio-175, Ohio 8th Dist. Court of Appeals (final appealable order for mortgage foreclosure).
  • Wells Fargo Bank v. Schwartz, 2012-Ohio-917, Ohio 8th Dist. Court of Appeals (effect of a discrepancy in a release of mortgage on priority).
  • Bank of America v. Jimenez, 2011-Ohio-5606, Ohio 5th District Court of Appeals (standards for relief from judgment).
  • Foster v. Wells Fargo Fin. Ohio, Inc., 2011-Ohio-4632, Ohio 8th Dist. Court of Appeals (statute of limitations for breach of finance contract).
  • Washington Mut. Bank, F.A. v. Wallace, 2011-Ohio-4174, Ohio 12th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
  • Wells Fargo Bank N.A. v. Perkins, 2011-Ohio-3790, Ohio 10th Dist. Court of Appeals (mortgagee liability for failing to approve short sale).
  • Federal Home Loan Mortgage Corporation v. Schwartzwald, 2011-Ohio-2681, Ohio 2nd Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
  • U.S. Bank N.A. v. Gullotta, 2011-Ohio-2235, Ohio 5th Dist. Court of Appeals (effect of multiple voluntary dismissals of a claim to recover the balance due on an accelerated note).
  • Deutsche Bank Nat'l Trust Co. v. Greene, 2011-Ohio-218, Ohio 6th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
  • U.S. Bank N.A. v. Marcino, 2010-Ohio-6512, Ohio 7th Dist. Court of Appeals (effect of sale of foreclosed property on appellate jurisdiction).
  • U.S. Bank N.A. v. Duvall, 2010-Ohio-6478, Ohio 8th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
  • U.S. Bank N.A. v. Perry, 2010-Ohio-6171, Ohio 8th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
  • Wells Fargo Fin. Ohio 1 Mtge. Group v. Lieb, 2010-Ohio-6111 and 2011-Ohio-1988, Ohio 2nd Dist. Court of Appeals (effect of appellate review on trial court jurisdiction; enforcement of mortgage in the absence of notary acknowledgement).
  • Wells Fargo Bank, N.A. v. Isaacs, 2010-Ohio-5811, Ohio 1st Dist. Court of Appeals (requirements under HUD regulations for pre-foreclosure face-to-face meeting).
  • UBS Real Estate Secs., Inc. v. Teague, 2010-Ohio-5634, Ohio 2nd Dist. Court of Appeals (standards for motion for relief from judgment).
  • U.S. Bank, N.A. v. Minter, 2010-Ohio-5609, Ohio 8th Dist. Court of Appeals (appropriate scope of discovery sanctions).
  • Flagstar Bank, FSB v. Sellers, 2010-Ohio-3951, Ohio 12th Dist. Court of Appeals (piercing corporate veil of a mortgage broker in connection with loans sold on the secondary market).
  • Wells Fargo Bank, N.A. v. Walker 2010-Ohio-3698, Ohio 10th Dist. Court of Appeals (setting standards for notice to accelerate balance due under a promissory note).
  • Cleveland Housing Renewal Project, Inc. v. Well Fargo Bank, N.A., 2010-Ohio-2351, Ohio 8th Dist. Court of Appeals (obtaining dismissal of public nuisance action brought as a result of a bank's ownership and sale of inner city property acquired through foreclosure).
  • Wells Fargo Bank, N.A. v. Miles, 2010-Ohio-2350, Ohio 8th Dist. Court of Appeals (dismissal of counterclaim in a foreclosure action).
  • Wells Fargo Bank, N.A. v. Smith, 2009-Ohio-6576, Ohio 10th Dist. Court of Appeals (foreclosure decree as final appealable order).
  • Betty Wallace v. Washington Mutual Bank, N.A., Case No. 1:09-cv-00481, U.S. Dist. Court, S.D. Ohio April, 2010 (dismissal of Fair Debt Collection Practices Act claim against national bank and mortgage servicer).
  • US Bank N.A. v. Bayless, 2009 Ohio 6115, Ohio 5th Dist. Court of Appeals (mortgagee standing to sue for foreclosure).
  • Harker v. Countrywide Home Loans, Inc., Case 3:08-ap-03192, S.D. Ohio Bankr. September 9, 2009 (dismissing nationwide class action by bankruptcy trustee seeking to void first mortgages because of failure to file assignment).
  • Noland v. Wells Fargo Bank, N.A., 35 B.R. 33 S.D. Ohio Bankr. 2008 (dismissing nationwide class action by bankruptcy trustee seeking to void first mortgages because of failure to file assignment).
  • Pyle v. Wells Fargo Financial, 2005 Ohio 6478, 2005 Ohio App LEXIS 5812, Ohio 10th Dist. Court of Appeals (enforceability of consumer arbitration agreement).
  • Prime Time Mortgage Co. v. Flagstar Bank, FSB, 2005 U.S. Dist. LEXIS 9354 S.D. Ohio 2005 (dismissing libel claim against financial institution based upon report to MARI).
  • Mominey v. Union Escrow Corp., 2003 Ohio App. LEXIS 5275 (2003), Ohio 8th Dist. Court of Appeals (class action, affirming denial of class certification).
  • McCann v. New Century Mortgage Corporation, 2003 Ohio App. LEXIS 2472 (2003), Ohio 8th Dist. Court of Appeals (enforceability of arbitration provision in a consumer lending agreement).
  • Marzluff v. Verizon Wireless, 151 Ohio App. 3d 733, 785 NE 2d 805 (2003), Ohio 2nd Dist. Court of Appeals (employer liability under Fair Credit Reporting Act).
  • Jenkins v. Fidelity Financial Services, 1999 Ohio App. LEXIS 5696 (1999), Ohio 8th Dist. Court of Appeals (class action, statute of limitations for failure to release mortgage).
  • Riley v. SNECMA, Inc., 105 F.Supp 2d 793, S.D. Ohio 1999 (application of bankruptcy stay to piercing corporate veil claim).
  • Liberty Savings Bank FSB v. Sortman, 1998 Ohio App. LEXIS 1667 (1998), Ohio 2nd Dist. Court of Appeals (financial institution liability under Equal Credit Opportunity Act).
  • Harris v. Brown, 1995 Ohio App. LEXIS 4802 (1995), Ohio 2nd Dist. Court of Appeals (lender liability for wrongful foreclosure).
  • Star Bank N.A. v. Fisher Development Corp., 1993 Ohio App. LEXIS 2809 (1993), Ohio 2nd Dist. Court of Appeals (priority of mortgage over special assessments).
  • Star Bank N.A. v. Reveal, 148 B.R. 288 S.D. Ohio Bankr. 1992 (enforceability of loan documents).
  • Huntington National Bank v. Brown, 1988 Ohio App. LEXIS 1338 (1988), Ohio 2nd Dist. Court of Appeals (enforceability of loan documents).

Employer Intentional Tort/Employer Liability

  • Mitchell v. Lawson Milk Co., 40 Ohio St. 3d 190, 532 N.E.2d 753 (1989) (setting forth standards for dismissal of employer intentional tort complaint).
  • Johnson v. BP Chemicals Inc., 85 Ohio St. 3d 298, 707 N.E.2d 1107 (1999) (constitutionality of employer intentional tort legislation).
  • Meadows v. Air Craft Wheels, LLC, 2012-Ohio-269, Ohio 8th Dist. Court of Appeals (corporate seller's liability for injury to buyer's employee).
  • Moebius v. General Motors Corporation, 2002 Ohio App. LEXIS 4051 (2002), Ohio 2nd Dist. Court of Appeals (employer international tort, commercial spray painting machine).
  • Jones v. Conrad, 2001 Ohio App. LEXIS 3897 (2001), Ohio 2nd Dist. Court of Appeals (employer liability for fibromyalgia).
  • Kain v. Conrad, 139 Ohio App. 3d 460, 744 N.E.2d 245 (2000), Ohio 2nd Dist. Court of Appeals (employer liability for employee heart attack).
  • Osborn v. Ohio Bureau of Workers' Comp., 134 Ohio App. 645, 731 N.E.2d 1189 (1999) (employer liability for employee drug overdose).
  • Grubbs v. Emery Air Freight Corp., 1999 Ohio App. LEXIS 6038 (1999), Ohio 2nd Dist. Court of Appeals (employer intentional tort, fork truck accident).

Intellectual Property

  • Textile Productions v. Mead Corporation, 134 F.3d 1481 (Fed. Cir. 1998) (standing requirements to assert patent infringement claim).
  • Hanson Pipe & Products, Inc. v. Bridge Technologies, Inc., 351 F. Supp. 2d 603 (E.D. Texas 2004), affirmed, 2005 U.S. App. LEXIS 28529 (5th Cir. 2005) (long arm jurisdiction in trademark matters).

Commercial Real Estate

  • MJM Enterprises Inc. v. Laing, 2006 Ohio 4011, Ohio 2nd Dist. Court of Appeals (enforceability of restrictive covenants)
  • Wyse v. Ameritech Corp., 2004 Ohio 1015, 2004 Ohio App LEXIS 898 (2004), Ohio 2nd Dist. Court of Appeals (eminent domain).
  • Builders Services v. Habitat Condo. Owners' Asso., 1999 Ohio App. LEXIS 104 (1999), Ohio 2nd Dist. Court of Appeals (slander of title, condominium law).
  • Upper Krust South v. School Employees Retirement Board, 1996 Ohio App. LEXIS 829 (1996), Ohio 2nd Dist. Court of Appeals (commercial landlord tenant).
  • Bloom v. Third Lima Corp., 1994 Ohio App. LEXIS 4802 (1994), Ohio 3rd Dist. Court of Appeals (commercial landlord tenant, shopping center foreclosure).
  • Alamain v. Trombley, 1988 Ohio App. LEXIS 193 (1988), Ohio 2nd Dist. Court of Appeals (seller's liability under warranty deed).

Other

  • Littleton v. Good Samaritan Hospital, 39 Ohio St. 3d 86, 529 N.E.2d 449 (1988) (setting forth standards for psychiatric malpractice in releasing voluntary mental patient).
  • Shah v. Cardiology South Inc., 2005 Ohio 211, 2005 Ohio App LEXIS 195 (2005), Ohio 2nd Dist. Court of Appeals (majority shareholder/breach of fiduciary duty).
  • Jordan v. Armsway Tank Transport, Inc., 2004 Ohio App. LEXIS 249 (2004), Ohio 2nd Dist. Court of Appeals (uninsured motorists coverage under commercial auto policy).
  • Bundy v. Five Rivers Metroparks, 152 Ohio App. 3d 426, 2003 Ohio App. LEXIS 1687 (2003), Ohio 2nd Dist. Court of Appeals (municipal liability for escaped animals).
  • Schutte v. Danis Cos., 141 Ohio App. 3d 824 (2001), Ohio 2nd Dist. Court of Appeals (majority shareholder/breach of fiduciary duty).
  • Hawkins Pro-Cuts v. Garcia, 1998 Ohio App. LEXIS 96 (1998), Ohio 2nd Dist. Court of Appeals (wrongful termination of franchise).
  • Nordisk Aluminum Als v. Stolle Corp., 1995 U.S. Dist LEXIS 22179 (S.D. Ohio 1995) (enforcing consequential damage limitation/commercial breach of warranty).
  • State ex rel. Farley v. McIntosh, 134 Ohio App. 3d 531 (1998), Ohio 2nd Dist. Court of Appeals (standard for writ of mandamus).
  • Centerville v. Curran, 1992 Ohio App. LEXIS 304 (1992), Ohio 2nd Dist. Court of Appeals (constitutionality of economic development ordinance).
  • Anderson v. CSX Transp., 74 Ohio App. 3d 365, 599 N.E.2d 278 (1991), Ohio 2nd Dist. Court of Appeals (municipal liability for vegetation obstructing rail crossing).
  • Peterson Howell & Heather v. Hughes, 1987 Ohio App. LEXIS 990 (1987), Ohio 2nd Dist. Court of Appeals (reformation of commercial insurance policy).
Publications
Presentations
  • "Ohio Consumer Sales Practices Act," PESI, 1989; Dayton Volunteers Lawyers Project 1992, 1993, 1994
  • "Representing a Business in Consumer Cases," PESI, 1989
  • "Taking and Defending Depositions," Civil Litigation in Ohio, Ohio CLE Institute, 1990
  • "Preventing and Defending Mold Claims - A Litigator's Perspective," Lorman, 2002
  • "Becoming an Expert on Being a Expert," Ohio Society of Certified Public Accountants, 2006
  • "Picking up the Phone," National Fraud Issues Conference 2006, Mortgage Bankers Association, 2006
  • "Preventing and Recognizing Appraisal Fraud: How to Maintain Integrity in the Appraisal Market," ACI Sixth Annual National Mortgage Fraud Conference, 2010
  • "Mortgage Fraud Litigation," American Bar Association, 2011
  • "Overcoming Contested Foreclosures, Responding to Borrower Counterclaims and Defending Against Claims Relating to Mortgage Servicing, MERS and Standing," ACI Tenth National Forum on Residential Mortgage Litigation & Regulatory Enforcement, 2013
  • "Schwartzwald and Related Issues," Ohio Association of Magistrates, 2013 Spring Conference
Distinctions
  • Litigation Star by Benchmark Litigation, 2016 and 2017
  • Selected for inclusion in The Best Lawyers in America, 2016, 2017 and 2018; named Lawyer of the Year, 2018 Dayton – Litigation – Real Estate
  • AV® Preeminent Rated by Martindale-Hubbell
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine, 2005 to 2018
  • Recognized in Chambers USA: America's Leading Lawyers for Business, Litigation: General Commercial, Ohio, 2012 to 2017
Professional and Civic

Professional Associations

  • Mortgage Bankers Association
  • Ohio State Bar Association
  • Dayton Bar Association

Community Activities

  • Ohio State University Alumni Association, life member
  • Ohio State Bar Foundation, fellow
  • Dayton Bar Association Foundation, fellow
  • Greater Dayton Volunteer Lawyers Project, Board of Trustees, 2012 to present; 2004 Recipient, Award of Excellence for pro bono representation
  • Dayton Bar Association,  Committee on Civil Trial Practice and Alternative Dispute Resolution, vice chair, 1995 to 1996; and chair, 1996 to 1997
  • Dayton Bar Association, Bench-Bar Conference
  • Centerville Baseball League, Girls Fast Pitch Coach, 1999 to 2005
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