Temporary Restraining Orders and Motion for Remand Granted in On-Going Litigation for False Advertising against Ohio Skilled Nursing Facilities

Partners Robert M. Anspach and J Randall Engwert have been awarded five temporary restraining orders on behalf of various skilled nursing facilities against the law firms of McHugh Fuller Law Group, PLLC, of Hattiesburg, Mississippi, and Nick H. Johnson, P.C., of Houston, Texas.  In each instance, five separate trial courts found that newspaper advertisements published by these law firms presented threats of “immediate and irreparable injury, loss, or damage . . . which justifies the issuance of a Temporary Restraining Order pursuant to Civ.R. 65(A).”  According to each temporary restraining order, the law firms were prohibited from further use of each given advertisement, and were ordered to remove “any version, form, or medium used to convey the advertisement . . . from the public domain.”

Heartland of Urbana OH, LLC, v. McHugh Fuller Law Group, PLLC, No. 2014 CV 210 (C.P. Champaign County, Ohio);

Heartland of Portsmouth OH, LLC, v. McHugh Fuller Law Group, PLLC, No. 15CIH002 (C.P. Scioto County, Ohio);

Heartland-Mt. Airy of Cincinnati OH, LLC, v. Nick H. Johnson, P.C., No. A1500472 (C.P. Hamilton County, Ohio);

Manor Care of Westerville OH, LLC, v. Nick H. Johnson, P.C., No. 15CV001005 (C.P. Franklin County, Ohio); 

Manor Care-Belden Village of Canton OH, LLC, v. Nick H. Johnson, P.C., No. 2015CV00297 (C.P. Stark County, Ohio).

Karmasek, Jessica. "Miss. attorneys encouraging lawsuits through deceptive advertising, nursing home chain claims.Legal Newsline Legal Journal, 19 February 2015

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