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2010 |
Attorney Garrick White was recently elected as a Trustee of The Black Swamp Conservancy, a Perrysburg-based nonprofit land trust organization dedicated to the protection and preservation of natural and agricultural lands in Northwest Ohio for the benefits of future generations.
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The Ohio Second District Court of Appeals affirmed the summary judgment ruling Attorney Kent Riesen received on behalf
of Centimark Corporation. See OH Development v. Centimark Corporation, Montgomery App. Case No. 23758, July 9, 2010, unreported.
The appellate court affirmed the judgment of the trial court, concluding that plaintiff’s breach of warranty, contract and negligence claims were time barred under the applicable statute of limitations.
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Under Attorney Dennis Lyle’s direction, the Sylvania Southview High School mock trial team has been invited to participate in the Empire City international mock trial competition to be held in New York City in October, 2010.
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Attorneys Michelle Parker and Elizabeth Midgley tried a FELA case to verdict in NY Supreme Court, Erie County for a Class One railroad. Plaintiff trackman alleged a finger fracture, neck, and low-back complaints, leading to 3 spinal surgeries. Parker and Midgley showed that a good deal of his spinal complaints were pre-existing conditions. The jury agreed, awarding only $50,000 for past P&S and awarding $0 for future P&S. The jury also found plaintiff 50% culpable due to the nature in which he used a claw bar at the time of the incident.
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Attorney Garrick White was appointed to the Board for the March of Dimes of Northwest Ohio.
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Attorney Mike Jackson was able to secure the reversal of a Worker's Compensation Award on behalf of a local General Contractor.
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Attorney Garrick White secured the successful resolution of an alleged violation of Ohio's Prevailing Wage Law on behalf of a local General Contractor.
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Attorney Michelle Parker was invited to present on the topic How To Avoid Common Ethical Pitfalls at a Civil Trial Practice seminar conducted by the National Business Institute (NBI.)
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Under attorney Dennis Lyle's direction, the Sylvania Southview High School mock trial team placed second in the 2009-2010 Ohio High School Mock Trial championship. During Mr. Lyle's 16 year tenure as founder and coach, the Sylvania Southview teams have advanced to the state semi-final round eleven times, resulting in five state championships.
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In February, attorney Elizabeth Midgley was invited by the Defense Trial Lawyers Association of Western New York to present a lunchtime seminar on Medicare Set-Asides and their impact on claims settlement.
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Attorneys Michelle Parker and Steve Carr tried a FELA case in NY Supreme Court, Erie County for a Class One railroad.
There was a favorable ruling limiting the medical damages proof that the plaintiff could put to the jury, to exclude those
medical expenses covered by the employer-provided health insurance. There was also a favorable ruling limiting the wage loss proof to plaintiff's after-tax net loss.
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Attorneys Michelle Parker and Elizabeth Midgley successfully concluded a premises liability matter on behalf of an owner, with the lion's share paid by the contractor, without incurring the expense of a motion for summary judgment against the contractor.
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2009 |
Anspach Meeks Ellenberger LLP was named a 2009 "Go-To Law Firm®" for the Top 500 Companies by
Corporate Counsel magazine in its annual directory of in-house law departments at the nation’s Fortune 500® companies. Go-To firms are selected each year when
Corporate Counsel surveys general counsel at Fortune 500® companies and asks them which law firms they rely on for various matters.
CSX named AME as its Go-To Law Firm® for Litigation and Labor & Employment matters.
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Attorney David Stillwell tried a malpractice case resulting in a defense verdict for his client in New York State Supreme Court in Buffalo. The plaintiff claimed that emergency room error caused the loss of the decedent's esophagus. Following 3 weeks of proof, the jury found that Stillwell's client, the hospital, was not culpable.
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Attorney Elizabeth Midgley has recently been invited to present a seminar to the Defense Trial Lawyers of Western New York on Medicare set-asides and their recent impact on litigation.
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The United States Sixth Circuit Court of Appeals affirmed the summary judgment Attorney Jamie Carnes
received for the railroad in Cooper v. CSX Transportation, Inc., decided sub nom. Nickels v. Grand Trunk Western, R.R., Inc., 560 F.3d 426 (6th Cir. 2009). |
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Attorney Garrick White was granted partial summary judgment in favor of client, thereby dismissing 4 of 5 claims in the lawsuit,
affirmed by the 6Th District Court of Appeals after full briefing and oral argument. The Ohio Supreme Court recently declined to exercise
its discretionary jurisdiction to hear the appeal by the 6th District Court of Appeals judgment.
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Attorney Jamie Carnes was granted summary judgment in an FELA case in the U.S. District Court in Toledo, Ohio. The plaintiff alleged permanent back injuries from slipping on oversized railroad ballast, but failed to reveal the claim in a bankruptcy proceeding. The Court held that plaintiff was judicially estopped
from pursuing a cause of action he denied having in his bankruptcy proceeding.
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Attorneys Jamie Carnes and Mike Jackson tried a Federal Employers’ Liability Act case to
a defense verdict in the U.S. District Court in Toledo, Ohio. The plaintiff was a locomotive engineer who claimed to suffer from permanent and
disabling injuries to his back from riding on defective locomotive seats. The plaintiff had asked the jury for over $750,000 dollars in damages.
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Attorney Michelle Parker was recognized by the New York State Bar president for her efforts on behalf of the Mass Disaster Response Committee.
The MDR committee was mobilized to respond to the flight disaster involving Continental Flight 3407. The plane crashed into a Clarence, New York neighborhood.
Parker set up and led the Committee's response which assisted the families of those killed in the tragedy. |
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Attorney Michelle Parker and Elizabeth Midgley obtained a discontinuance
from plaintiff without payment by the defendant premises owner. The defense was based on showing the third-party defendant was completely culpable. |
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Michelle Parker delivered an update on New York Discovery at a CLE held by the New York State Academy of Trial Lawyers. |
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Attorney Michelle Parker succeeded in obtaining a defense verdict
in a commercial arbitration arising from plaintiff's claim for breach of contract. Plaintiff sought liquidated damages
for the remaining four years of the contract. The arbitrator agreed the defendant proved the reasons for breaching the contract
were valid under the language of the contract. |
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Attorney Michelle Parker tried a FELA case in NY Supreme Court, Erie County for a Class One
railroad. On post-trial motion, there was a favorable ruling that the federal interest rate applies to a FELA judgment, not the State rate. The federal rate is
around one percent (1%) per annum; in contrast, the New York statutory rate is nine percent (9%) per annum. |
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Attorney Steven Carr represented an employer in a wrongful termination claim who was accused
of a pattern of racially motivated conduct, discriminatory practices and retaliation. He succeeded in obtaining a dismissal in a
hearing before an Aministrative Law Judge, which was upheld by the Commission of the NYS Department of Human Rights. |
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Attorneys Steven Carr and Elizabeth Midgley represented an employer in a Title VII wrongful termination
lawsuit brought in federal court in the Western District of N.Y. The former employee alleged disparate treatment and discriminatory practices.
They succeeded in obtaining a dismissal via a motion for summary judgment.
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2008 |
Randy Engwert and
Mike Jackson tried a FELA case to a defense verdict in the Lucas
County Court of Pleas. The plaintiff claimed a multiple disc
fusion from alleged defects in the ground conditions in a rail
yard. The plaintiff claimed $2.8 million in economic damages
alone. |
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Attorney Garrick White was appointed to the Board of Directors for March of Dimes. |
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Attorney Garrick White was appointed to the Economic Development Committee for Waterville, Ohio by the Mayor of Waterville. |
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In a coverage dispute where the insurer sued a client,
Attorney Michelle Parker prevailed upon the insurer to change their position as to coverage, without resorting to a
motion. Parker also succeeded in obtained reimbursement to her client for his out-of-pocket expenses associated with the coverage lawsuit,
without requiring a motion.
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Attorney Jamie Carnes was granted summary judgment
in a Federal Employers’ Liability Act case in the U.S. District Court in Detroit, Michigan. The plaintiff claimed to have
suffered hip injuries from walking on oversized railroad ballast. |
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Attorney Jamie Carnes was granted summary judgment in a Federal Employers’ Liability Act case in the Lucas County, Ohio, Court of Common Pleas. The plaintiff was a track foreman
who claimed to have suffered permanent injury to his lumbar spine because of inadequate manpower and unsafe methods of work. |
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Attorney Jamie Carnes successfully briefed and argued an appeal of a summary judgment
in the Ohio Sixth District Court of Appeals. The plaintiff was a welder who claimed to
have suffered permanent injuries to his back and right arm and shoulder over his thirty-three years of employment with the railroad. |
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Attorney Michelle Parker was appointed Town Prosecutor
by the Board of the Town of Evans, New York. She prosecutes building code, animal control, DEC, and penal violations. |
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Attorney Michelle Parker was elected
President of the Defense Trial Lawyers of Western New York. |
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Attorney Michelle Parker received
an Exceptional Performance Citation from the Defense Research Institute (DRI) for contributions to
the Defense Bar and improvements to the administration of justice. |
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Attorneys Michelle Parker and Elizabeth Midgley defended a college in a premises
liability case arising when plaintiff slipped on a worn interior stair treads
made wet by accumulations of snow. They obtained a defense
verdict in a jury trial in NY Supreme Court, Niagara County. |
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Attorney Michelle Parker and J. Christine Chiriboga obtained
a discontinuance from plaintiff without payment by defendant. The premises matter arose when plaintiff was injured operating a dirt
bike near out-of-service railroad tracks. The defense was based on the recreational use statute (General Obligations Law § 9 - 103) |
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Attorney Michelle Parker and Kimberly Gensler succeeded in obtaining
summary judgment on a premises liability claim. She represented a day-care operator sued by plaintiff mother and infant arising
out of a near-drowning incident. Plaintiffs claimed the operator failed to protect infant. Parker succeeded
in showing plaintiff had no control over the culpable tortfeasor/co-defendant,
nor notice of any alleged violent propensities. |
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Attorney Michelle Parker and Burns,
White Hickton's TH Lyda tried a FELA case in NY Supreme Court, Erie County, for a Class One railroad. |
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Attorney Michelle Parker and Elizabeth Midgley obtained a
discontinuance from a FELA plaintiff without payment by the defendant. The defense was based on showing the co-defendant
was completely culpable. They succeeded in obtaining partial indemnification from co-defendant for the attorney's fees
and expenses of their client, a Class One railroad. |
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Attorneys Michelle Parker and J. Christine Chiriboga
tried a FELA case in New York State Supreme Court, Erie County, for a Class One railroad. They obtained favorable
decisional law holding that the defendant was entitled to a reduction for RRB Tier 1 taxes for past and future wage loss,
and a reduction for RRB Tier 2 taxes attributable to payments defendant made to plaintiff's disability benefits. |
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Attorneys Michelle Parker and Kimberly Gensler succeeded obtaining a tender
of their client's defense to co-defendant vendor in advance of bringing a motion. The co-defendant's acceptance of tender brought
their client's attorneys fees and expenses to a halt. |
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Michelle Parker delivered an update on New York
Discovery at a CLE held by the New York State Academy of Trial Lawyers. |
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Michelle Parker wrote and lectured on Ethical Considerations
Under the CGL Policy at a CLE held by the New York State Bar Association.
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| 2007 |
Michelle
Parker and Steve Carr defended a railroad FELA case in Syracuse,
NY, arguing that the plaintiff was responsible for the incident
and that the plaintiff could return to work. The plaintiff
sought an award of over $2 million dollars. The jury found the
plaintiff 80% culpable, and awarded $0 for future economic loss
and $0 for future pain and suffering. The net award was $40,000. |
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Attorney Jamie Carnes tried a Federal Employers’ Liability Act
case to a defense verdict in the U.S. District Court in Fort Wayne, Indiana. The plaintiff was a railroad worker who claimed
to suffer from permanent and disabling injuries from walking on oversized railroad ballast. The plaintiff had asked the
jury for over $750,000 dollars in damages. |
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Attorney Jamie Carnes was granted summary judgment in a Federal Employers’ Liability Act
case in the Lucas County, Ohio, Court of Common Pleas. The plaintiff was a welder who claimed to have suffered permanent
injuries to his back and right arm and shoulder over his thirty-three years of employment with the railroad. |
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Michelle
Parker and Steve Carr defended a railroad FELA case in Buffalo,
NY, arguing that the plaintiff was responsible for the incident.
The plaintiff sought an award of over $2 million dollars. After
3 weeks of proof, the jury found the defendant negligent, but
also found that such negligence did not cause the incident –
with the effect of finding plaintiff 100% culpable. |
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Kim Gensler
prevailed on an appeal at the Fourth Department in a dental
malpractice case where the Appellate Division upheld the grant
of summary judgment on statute of limitations grounds, despite
an argument of continuing treatment by the plaintiff. |
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Attorneys Michelle Parker and Elizabeth Midgley succeeded in obtaining summary judgment on an attorney malpractice claim.
They represented an attorney engaged by an employer to represent an H1B applicant.
During the pendency of the application, the visa lapsed; the applicant sued the attorney, claiming malpractice. |
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Attorney Michelle Parker succeeded in obtaining a settlement of $1.00 in a dog-bite
matter where there was an ancillary proceeding as to coverage. There was a finding in the coverage action that the homeowners policy did
not apply to the incident. She was able to convince plaintiff counsel to conclude the bodily injury matter for $1.00. |
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Attorney Michelle Parker obtained
a discontinuation from plaintiff without payment by defendant. The premises matter arose when plaintiff-passenger
was injured when the host driver struck plaintiff's railroad tracks. The defense was based on an assertion, reduced
to a motion for summary judgment, that the host driver was completely culpable. The matter settled before oral argument. |
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Attorney Michelle Parker and Elizabeth Midgley succeeded in obtaining
summary judgment in a matter when plaintiff was struck by a train. The proof showed plaintiff was a trespasser walking
too close to the tracks, who bent to tie his shoe. |
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Attorney Michelle Parker was elected
vice-president of the Defense Trial Lawyers of Western New York. |
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In a premises liability matter, Attorney Michelle Parker succeeded
in obtaining a tender of their client's defense to co-defendant, in advance of serving an Answer. The timely and successful
tender resulted in very low expenses on the matter. |
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Attorney Michelle Parker and Kimberly Gensler succeeded in obtaining
summary judgment in a Federal matter sued in Western District of New York. Plaintiff's executrix sought recovery in a wrongful death action.
Parker and Gensler succeeded in establishing that the decedent was illegally stowing away on their client's bus in an attempt to enter the U.S. illegally. The Court agreed that decedent's willful behavior was the cause of his death. |
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Michelle Parker delivered an update on
New York Discovery at a CLE held by the New York State Academy of Trial Lawyers. |
| 2006 |
Attorney Robert Anspach was selected to "Super Lawyers," by Key Professional Media, Inc. |
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Attorney Kim Gensler
tried a personal injury bus accident case to a defense verdict
in a summary jury trial in the Erie County Supreme Court in
Buffalo, New York. |
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Attorney
Dick Ellenberger tried a fatal railroad crossing
case to a defense verdict in the Court of Common Pleas in Wayne
County, Ohio. The plaintiff had sought millions of dollars in
damages. |
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Attorney
Christine Chiriboga was granted partial summary judgment on the issue of liability in a
Federal Employers’ Liability Act and property damage case filed
in U.S. District Court in Buffalo, N.Y. After partial summary
judgment was granted, the case settled in the railroad client’s
favor in the amount of $510,000.00, inclusive of damages,
interest to date, and legal expenses and fees. |
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Attorneys
Bob Anspach and Greg Wagoner tried a Federal Employers’
Liability Act case in a Michigan Federal Court for a Tier I
railroad. The case settled during trial but with a favorable
outcome for our client. |
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Attorneys
Garrick White and Rebecca Nowak tried a breach of contract case
to a defense verdict with an award of $15,600 in their client’s
favor on a counterclaim in the Court of Common Pleas in Wood
County, Ohio. The plaintiff was a subcontractor on two separate
construction projects claimed that the General Contractor
breached its contract by rejecting goods and materials submitted
on the projects. The counterclaim sought damages resulting from
the subcontractor’s failure to submit acceptable and timely
goods and materials to the projects. |
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Attorney
Garrick White was granted summary judgment
after briefs and oral argument in the Court of Common Pleas in
Lucas County, Ohio. The plaintiff claimed emotional damages
resulting from alleged fraudulent billing and other violations
of state law by the hospital. |
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Attorney Michelle Parker defended the operator of tractor-trailer
in a personal injury lawsuit arising when the truck rear-ended a car. Parker obtained a defense verdict in a jury trial
in NY Supreme Court, Erie County.
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Attorney Michelle Parker succeeded in obtaining a summary
judgment on a premises liability case arising at a grocery store. She represented a defendant
security company, who had taken plaintiff into custody for a shoplifting incident. Plaintiff fell
down stairs while being escorted to the local police station.
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Attorney Ray Farris was selected to "Super Lawyers," by Key Professional Media, Inc. |
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Attorney Michelle Parker and Steven Carr tried
a FELA case in NY Supreme Court, Erie County, for a Class One railroad. The case settled following the
start of proof with a favorable outcome for our client.
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Attorney Michelle Parker succeeded in obtaining
a tender of their client's defense to co-defendant vendor in advance of bringing a motion. The co-defendant's
acceptance of tender brought their client's attorneys fees and expenses to a halt.
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Attorney Michelle Parker succeeded in
obtaining a dismissal of the third-party action against their client, a premises owner, following depositions and in advance of bringing a motion.
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| 2005 |
Attorneys Jamie Carnes and Randy Engwert tried a Federal Employers’ Liability Act
case to a defense verdict in the U.S. District Court in Toledo, Ohio. The plaintiff was a railroad worker who claimed to suffer from permanent
and disabling injuries from exposure to cigarette smoke on railroad premises. The plaintiff demanded $750,000 before trial and had asked the jury
for nearly two million dollars in damages. |
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Attorney James Morton was selected to "Super Lawyers," by Key Professional Media, Inc. |
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Attorney Dennis Lyle was selected to "Super Lawyers," by Key Professional Media, Inc. |
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Attorney Ray Farris was selected to "Super Lawyers," by Key Professional Media, Inc. |
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Attorney Greg Wagoner was granted summary disposition for a Tier I railroad in Michigan State Court in an occupational case brought under the Federal Employers’ Liability Act. |
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Attorney Jamie Carnes tried a Federal Employers’ Liability Act case to a defense verdict in the Wayne County Circuit Court in Detroit, Michigan. The plaintiff was a railroad worker who claimed to have developed carpal tunnel syndrome and other injuries from his work at the railroad. |
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Attorneys Mark Meeks and Greg Wagoner were granted partial summary disposition in Saginaw County Circuit Court in Saginaw, Michigan, for a Tier I railroad in a Federal Employers’ Liability Act case. The plaintiff’s claim that the railroad was absolutely liable under the Federal Safety Appliance Act was eliminated from the lawsuit. |
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Attorney Jamie Carnes was granted summary judgment in a railroad crossing case in the U.S. District Court in Cleveland, Ohio. The plaintiff lost both legs as a passenger in a collision with a train. The plaintiff demanded over a million dollars in damages, but the Court held the railroad was not liable. The decision was then briefed and argued to the United States Sixth Circuit Court of Appeals, who upheld the decision in favor of the railroad. |
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Attorney Mark Meeks tried a Federal Employers’ Liability Act case to a defense verdict in the Court of Common Pleas in Lucas County, Ohio. The plaintiff claimed to have been injured by improper and defective railroad equipment. |
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Attorney Jamie Carnes was granted summary judgment in a personal injury case filed against the railroad in the Court of Common Pleas in Huron County, Ohio. |
| 2004 |
Attorney Mark Meeks tried Federal Employers’ Liability Act case to a defense verdict in the Court of Common Pleas in Lucas County, Ohio. The plaintiff claimed to have suffered permanent disability from a head injury. |
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Attorneys Mark Meeks and Steve Carr were granted a directed verdict after opening statements in the Court of Common Pleas in Cuyahoga County, Ohio. The plaintiff was making a nuisance claim against the railroad. |
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Attorneys Robert Anspach and Randy Engwert tried a Federal Employers’ Liability Act case to a defense verdict in the U.S. District Court in Toledo, Ohio. The former railroad employee alleged he sustained injuries to his shoulder and cervical spine while working on a rail car. The jury deliberated for less than an hour before returning the verdict in favor of the railroad. |
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Attorney Ray Farris was selected to "Super Lawyers," by Key Professional Media, Inc. |
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Attorney Steven E. Carr was granted summary judgment in a personal injury action involving a multi-car accident at a grade level crossing. The case was filed in N.Y. State Supreme Court, Niagara County. The plaintiff had claimed that the railroad client had defective electronic circuitry that was tied in to traffic lights at the crossing. |
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Attorneys Dick Ellenberger and Garrick White were granted summary judgment in a Federal Employers’ Liability Act case in the U.S. District Court in Toledo, Ohio. The plaintiffs were railroad employees claiming emotional distress relating to a collision at a railroad crossing. The decision was then briefed and argued to the United States Sixth Circuit Court of Appeals, who upheld the decision. |
