Overview

John is a litigator.  He is a partner in the firm’s Business Litigation and Construction practice groups, and he is part of the firm’s lender and mortgage loan servicer liability team.

John represents clients in trial courts, bankruptcy courts, probate courts, appellate courts, mediations, and arbitrations. John has presented oral argument in the Ohio Supreme Court, the United States Court of Appeals for the Sixth Circuit, and in 10 of Ohio’s 12 District Courts of Appeal. He has also advocated for clients before the Ohio Board of Tax Appeals, zoning boards, political subdivisions, and the Ohio Department of Commerce.

With more than a decade of experience, John has tried cases, defended against and obtained injunctive relief, reversed and defended judgments on appeal, and settled disputes for his clients. He has complex civil, receivership, Multi-District Litigation, mass tort, and class action experience.

John is licensed and admitted to practice in Ohio’s state courts, the United States District Court for the Southern District of Ohio, the United States District Court for the Northern District of Ohio, and the United States Court of Appeals for the Sixth Circuit. He has appeared in or worked on matters in Alabama, Arkansas, California, Colorado, Florida, Indiana, Kentucky, Massachusetts, Michigan, Nebraska, New Jersey, Ohio, Pennsylvania, Tennessee, Texas, Vermont, Washington D.C., and West Virginia.

John lives with his wife, Erin, and three children in New Albany, Ohio. He is involved in youth soccer and baseball. He is an avid reader, and he enjoys following Barclays Premier League, NASCAR, and the Ohio State University football and basketball programs.

Experience
Appeals
  • SRMOF 2009-1 Trust v. Lewis, App. No. 2014-0485, 2015-Ohio-1494 (Ohio Supreme Court 2015) (won dismissal of certified conflict case concerning standing in foreclosure actions)
  • City of Elyria v. Lorain County Budget Commission, 128 Ohio St. 485, 946 N.E.2d 742, 2011-Ohio-1482 (won affirmance of Board of Tax Appeals’ approval of an alternative formula allocation of local government funds)
  • Perkins v. Wells Fargo Bank, N.A., App. No. 12-4284, 2014 U.S. App. LEXIS 5006 (6th Cir. 2014) (won affirmance of trial court’s dismissal of mortgagor’s claims of “robo-signing,” fraud, and illegal short sale review)
  • Amedisys, Inc. v. Suzanne Hosch (In re Nat’l Century Fin. Enters.), 497 Fed. Appx. 491, 2012 U.S. App. LEXIS 18474 (6th Cir. 2012) (won affirmance of a summary judgment that had been entered by the District Court on the basis of res judicata after the claimant had split and pursued claims against an Indenture Trustee for $7.3MM in different jurisdictions)
  • Amedisys, Inc. v. JP Morgan Chase Manhattan Bank (In re Nat'l Century Fin. Enters.), 377 Fed. Appx. 531, 2010 U.S. App. LEXIS 10074 (6th Cir. 2010) (won affirmance of a summary judgment that had been entered by the Bankruptcy Court on $7.3MM in claims brought by a home health care provider against an Indenture Trustee)
  • Nationstar Mortgage LLC v. Wagener, App. No. 101280, 2015-Ohio-1289 (8th Dist. Ct. App.) (won affirmance of a summary judgment where a mortgagor had challenged the foreclosing plaintiff’s standing and whether the plaintiff had satisfied conditions precedent)
  • U.S. Bank, Nat’l Assoc. v. Lavette, App. No. 101348, 2015-Ohio-765 (8th Dist. Ct. App.) (won affirmance of a summary judgment where a mortgagor challenged the sufficiency of an affiant’s personal knowledge and the plaintiff’s standing)
  • Nationstar Mortgage LLC v. Grund, App. No. 2014-A-24, 2014-Ohio-5612 (11th Dist. Ct. App.) (won affirmance of a summary judgment where a mortgagor challenged the foreclosing plaintiff’s standing)
  • Nationstar Mortgage LLC v. Williams, App. No. 14 CAE 04 0028, 2014-Ohio-4553 (5th Dist. Ct. App.) (won affirmance of a summary judgment where a mortgagor challenged sufficiency of an affiant’s personal knowledge and the admissibility of business records)
  • Bank of New York Mellon v. Veccia, App. No. 2013-T-0101, 2014-Ohio-2711 (11th Dist. Ct. App.) (won affirmance of a summary judgment where a mortgagor challenged the foreclosing plaintiff’s standing)
  • Wells Fargo Bank, N.A. v. Perkins, App. No. 13AP-318, 2014-Ohio-1459 (10th Dist. Ct. App.) (won affirmance of the trial court’s denial of a mortgagor’s motion for relief from judgment that challenged standing but which was barred by res judicata)
  • H.C. Nutting Co. v. Midland Atl. Dev. Co., App. No C-130132, 2013-Ohio-5511, 5 N.E.3d 125 (1st Dist. Ct. App.) (won affirmance of a trial court decision to vacate an arbitration award)
  • Wells Fargo Bank, N.A. v. Rahman, App. No. 13AP-376, 2013-Ohio-5037 (10th Dist. Ct. App.) (won affirmance of judgment after trial in a foreclosure action)
  • Union Savings Bank v. James Martin Trucking, Ltd., App. No. C-120224, 2012-Ohio-5758 (1st Dist. Ct. App.) (won affirmance of the trial court’s denial of a motion for relief from judgment in dispute over priority between cell tower lease and mortgage)
  • Bio Energy (Ohio) LLC v. Phoenix Golf Links, Ltd., 10th App. No. 12AP-171, 2012-Ohio-4421 (10th Dist. Ct. App.) (won reversal of a trial court’s dismissal of a forcible entry and detainer claim brought by a tenant landfill gas energy company against a golf course)
  • Wells Fargo Bank, N.A. v. Perkins, App.. No. 10AP-1022, 2011-Ohio-3790 (10th Dist. Ct. App.) (won affirmance of the trial court’s denial of a mortgagor’s motion for relief from judgment which alleged that the mortgagee had misrepresented the short sale process)
  • Sparks v. Bowling, Appeal No. CA2009-02-065, 2009-Ohio-5071 (12th Dist. Ct. App.) (won affirmance of a dismissal of a complaint about a zoning dispute involving a cell tower)
  • Guernsey Bank v. Milano Sports Enters., LLC, 177 Ohio App.3d 314 (10th Dist. Ct. App. 2008) (won an affirmance of a summary judgment which found that a subcontractor’s mechanics’ lien had priority over a mortgage lien)
Trial Court Matters
  • Hammond v. Citibank, N.A., Case No. 10-1071, 2012 U.S. Dist. LEXIS 129671 (S.D. Ohio 2012) (won a summary judgment following oral argument on a mortgagor’s claims of “robo-signing” and breach of good faith and fair dealing in loan servicing)
  • Carlquist v. Wells Fargo Bank, N.A., Case No. 12-203, 2012 U.S. Dist. LEXIS 124971 (N.D. Ohio 2012) (won a dismissal of a mortgagor’s claims styled as a class action which alleged that the lender had failed to modify loans after payments were made under Trial Payment Plans)
  • Walter v. Wells Fargo Bank, N.A., Case No. 11-912, 2012 U.S. Dist. LEXIS 25005 (S.D. Ohio 2012) (won a dismissal of a mortgagor’s claims for violation of the Ohio Consumer Sales Practices Act, Abuse of Process, Negligent Supervision, and Conspiracy premised upon allegations of “robo-signing”
  • Dooper v. Wells Fargo Bank, N.A., Case No. 10-1102, 2012 U.S. Dist. LEXIS 188860 (S.D. Ohio 2012) (won a dismissal of a mortgagor’s “robo-signing” claims)
  • Jacobs v. Acacia Chattanooga Vehicle Auction, Inc., Case No. 10-912, 2012 U.S. Dist. LEXIS 148582 (S.D. Ohio 2012) (vacated cognovit judgments entered against auto auction clients)
  • Perkins v. Wells Fargo Bank, N.A., Case No. 11-952, 2012 U.S. Dist. LEXIS 138221 (S.D. Ohio 2012) (defeated motion to enjoin a state court foreclosure sale)
  • Hammond v. Citibank, N.A., Case No. 10-1071, 2011 U.S. Dist. LEXIS 109818 (S.D. Ohio 2011) (won dismissal of a mortgagor’s claims for FDCPA violations, RICO violations, Ohio Consumer Sales Practices Act violations, Fraud, Abuse of Process, Conspiracy, RESPA, Negligent Supervision, FCRA, Wrongful Foreclosure, and Libel claims
  • United Communications Corp. v. U.S. Bronco Servs., Case No. 09-478, 2011 U.S. Dist. LEXIS 59362 (S.D. Ohio June 1, 2011) (obtained a District Judge’s decision that rejected a Magistrate Judge’s Report and Recommendation for summary judgment)
  • Straub v. Citifinancial Auto Credit, Inc., Case No. 10-620, 2011 U.S. Dist. LEXIS 12479 (S.D. Ohio 2011) (obtained dismissal of action by enforcing an arbitration agreement in a consumer case)
  • Kokosing Constr. Co. v. RLI Ins. Co., Case No. 2:07-cv-265, 2008 U.S. Dist. LEXIS 10327 (S.D. Ohio 2008) (won leave to file a bad faith claim against a performance bond surety)
  • Access 4 All, Inc. v. OM Mgmt., LLC, Case No. 2:06-cv-374, 2007 U.S. Dist. LEXIS 35429 (S.D. Ohio 2007) (defeated discrimination plaintiff’s motion for summary judgment in an Americans with Disabilities Act case)
Publications
  • Co-Author, "Bankruptcy Issues for the Construction Industry" - Baldwin's Ohio Construction Law Manual (2009)
  • Co-Author, "Defects, Warranties & Indemnification" - Baldwin's Ohio Construction Law Manual (2009)
  • "New Pitfalls for Public Contractors: Ohio's Latest Political Contributions Laws" - Thompson Hine Bulletin (Feb. 2007)
  • "City of Erie v. PAP's A.M.: Contorting Secondary Effects and Diluting Intermediate Scrutiny to Ban Nude Dancing" • Capital University Law Review, Issue 30 Volume 4
Presentations
  • Construction Disputes: Effective (and Practical) Legal Negotiation Strategies; NBI; July 2014
  • Construction Defect Litigation: From A to Z; NBI; November 2014
  • Construction Disputes: Effective (and Practical) Legal Negotiation Strategies; NBI; October 2014
  • The Housing Fallout – Are We Going to Extra Innings; William J. O’Neill Great Lakes Regional Bankruptcy Institute; May 2014
  • Construction Defect Litigation: From A to Z; NBI; March 2013
  • Building Codes (National Teleconference); NBI; January 2013
  • OFCC and Construction Reform; Central Ohio ABC; December 2012
  • OFCC and Construction Reform; Builders Exchange; October 2012
  • Construction Defect Litigation: From A to Z; NBI; September 2011
  • A Practical Guide to Construction Liens; NBI; December 2010
  • Construction Defect Litigation: From A to Z; NBI; September 2010
  • Masters Institute on Ohio Construction Law; Tools for Success; 2010
  • Developments in Ohio Construction Law; Ohio State Bar Association; March 2010
  • Avoiding Building Code Violations; NBI; December 2008
  • The Law of Military Leave for Corporate Counsel: SERRA; Co-ACCAD; 2003
Distinctions
  • 2001 National Appellate Advocacy Competition (ABA) Quarterfinalist
  • CALI Award—Property
  • CALI Award—Estates & Trusts
  • CALI Award—Law & American History
  • CALI Award—Criminal Procedure
  • Order of the Barristers

Professional and Civic

Professional Associations

  • Builders Exchange of Central Ohio
  • Associated General Contractors of Ohio, Legislative Committee Member
  • Past Chair, Ohio State Bar Association Construction Law Committee

Professional Activities

  • Research Editor • Capital University Law Review 2001-2002
  • Staff Member • Capital University Law Review 2000-2001
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