Focus Areas
- Representation of a commercial building owner in an action against governmental entities for inverse condemnation and appropriation.
- Judgment in favor of a client on claim for breach of fiduciary duty against former executive.
- Successful representation of a wireless telephone provider on trial and appellate level in precedent setting action defining the authority of governmental agencies to regulate placement of telecommunications facilities. GTE Wireless of the Midwest, Inc. v. Anderson Twp., 134 Ohio App. 3d 352, 731 N.E. 2d 201 (1999).
- Successful defense of a large commercial insurer in federal district and appellate courts on bad faith action arising from claims against residential homebuilder. Lenning v. Commercial Union Ins. Co., 260 F.3d 574 (6th Cir. 2001).
- Successful defense of a banking/brokerage client on claim for breach of fiduciary duty in management of investments contained in employee retirement plan governed by ERISA.
- Defense of a managing partner in breach of fiduciary duty and accounting fraud claim arising from collapse of joint venture.
- Successful representation through all levels of state court system of waste disposal service provider’s effort to operate compost facility on land zoned for light industrial use. Fiedeldey v. Board of Zoning Appeals Colerain Twp., 89 Ohio St.3d 1456, 731 N.E.2d 1142 (2000).
- Successful defense on summary judgment of packaging client in federal court on claim alleging theft of trade secrets, fraud and unfair competition.
- Obtained arbitration award in favor of a manufacturing client on an FMLA claim brought by former employee.
- Successful defense of an electrical contractor in trial and appellate courts on wrongful death claim arising out of alleged faulty construction of apartment building.
- Obtained judgment at trial on behalf of an industrial client against commercial landlord for breach of lease conditions.
- Defense verdict in favor of a manufacturing client on claims of age discrimination and breach of contract brought by a former employee.
- Successful defense of health insurer on claim of fraud, breach of contract and violation of public policy brought by physicians terminated from health care panels. Sammarco v. Anthem Ins. Cos., Inc., 131 Ohio App. 3d 544, 723 N.E. 2d 128 (1998), app. dis. 87 Ohio St. 3d 1227, 719 N.E. 2d 963 (1999).
- Successful defense of copyright claim against wholesale vendor of aircraft supplies relating to marketing materials.
- Successful representation of health insurer in federal class action claim asserted over partial termination of Medicare HMO program.
- “Rethinking ‘Narrowing the ERISA Preemption’: A Defense Perspective,” Mealey’s Managed Care Liability Report, October 1999
- “Liability Issues Confront Insurers, Employers,” Cincinnati Business Courier, January 2000
- “Solving Water Intrusion and Mold Problems in Ohio,” Lorman Education Services, 2002
- “Commercial Insurance Group and Business Interruption Issues in Ohio,” 2002
- “Premises and Workplace Liability: Legal Issues,” Risk Management for Business: Issues and Strategies, Thompson Hine LLP, AON Risk Services and the Payne Firm, Inc., 1996
- AV® Preeminent Rated by Martindale-Hubbell
- Selected for inclusion in The Best Lawyers in America© for more than 10 years for Commercial Litigation, Litigation – ERISA, and Litigation – Real Estate; named the Best Lawyers® 2021 Litigation – ERISA “Lawyer of the Year” in Cincinnati
- Selected to the Ohio Super Lawyers list, 2014, 2017-2020
Professional Associations
- American Bar Association, Section of Litigation, Section of Tort, Trial and Insurance Practice
- Ohio State Bar Association
- Cincinnati Bar Association
- Kentucky Bar Association
- Potter Stewart American Inns of Court
Community Activities
- Fairview German Language School Local School, Decision Making Committee
- Greyhound Adoption of Greater Cincinnati, Inc., Board of Directors
- Sustainable Cincinnati, Inc., Steering Committee, Process Design Committee
- United Way Volunteer Leadership Development Program, Class of 2001
Education
- Vanderbilt University School of Law, J.D., 1988
- College of William and Mary, B.A., 1985
Bar Admissions
- Ohio
- Kentucky
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Eastern District of Kentucky
- U.S. District Court for the Western District of Kentucky
- U.S. District Court for the Southern District of Ohio
- Professional Conduct & Mental Health at a (Social) Distance, December 3, 2020