Verdicts & Settlements

Race Discrimination

  • An African American client had been a driver for local employer, and was refused promotion and then laid off out of accordance with his seniority and ability, where other Caucasian drivers were retained instead. Our firm was able to obtain a fair resolution to our client’s claims against the employer.
  • A local retail clothing store fired client and replaced her with a Caucasian worker. Before the termination, the defendant subjected the client to harassment and difficult working conditions. Settled prior to filing suit.

Sexual Harassment

  • An employee was terminated from medical billing company. Settled before filing suit.
  • Female client successfully recovered compensation for on-the-job harassment from the male who owned the business, who regularly stared at her breasts and made comments about her sexual tendencies. Although she had a past in the adult entertainment industry, this was not a permanent, open invitation to depraved comments and sexually hostile working conditions.
  • Female client successfully recovered compensation for on-the-job harassment from the owner of the business. When she refused his advances, the owner demoted her and ultimately terminated her employment.
  • Teenaged, unskilled female client agreed to a beneficial compensation package with a government entity after mediation with the Ohio Civil Rights Commission.

Sexual harassment/ Intentional infliction of emotional distress

  • Female Toledo college student who worked for a major national corporation was subjected by her manager to his depraved pictures, suggestions of private encounters, constant physical touching and graphic descriptions of his own sexual encounters and physique. Received compensation for her emotional distress.

Harassment/ Retaliation

  • Female clerk reported the escalating nature of sexual harassment from a co-worker. The harassment began with inappropriate sex-based “compliments” and within weeks emerged to following her in his car demanding sex for money. When the client, crying, told her supervisor she was afraid of this large obscene man, the supervisor promised to take care of it the next day. When she reported for work, her supervisor was not there, but the harasser was. Sick with fright, she left that day after writing her explanation. She was fired the next day for missing work. The harasser remained until another in a growing list of female employees complained of his harassing behavior. After protracted litigation, our firm was able to help her obtain a very favorable resolution.
  • Female clerk was fired within days of reporting sexual harassment, allegedly based on conduct that pre-dated her termination by several months. Her supervisor had fondled her, forced her into closed rooms, and forced himself on her. The client recovered compensation from the company that employed and then terminated her and retained the deviant manager, who was later terminated.
  • Female telephone solicitor reported at least 16 times that her co-worker was harassing her by talking about what he wanted to do sexually to her, what the dancers at the strip club he frequented liked to do, and other offensive conduct. Her supervisor promoted the harasser after one of the complaints, and then fired her, allegedly for raising her voice. Our firm was able to resolve her claims against her former employer.
  • Male pizza delivery driver was subjected to lewd comments and behavior by female manager. When he refused to participate he was fired. Our firm recovered a favorable settlement for his lost wages and emotional distress.

Retaliation

  • A local university discriminated against a maintenance foreman by not paying him the same as his Caucasian counterparts, harassing him at work, and providing him with substantially different working conditions.
  • After an intense exchange of documents and taking of depositions, client settled confidentially for very favorable amount.

Appeals

  • Consumer law violation/Unconscionable arbitration clause: Felix v. Ganley Chevrolet, Inc. (Cuyahoga Cty. 2006), Case Nos. CA-04-086990 and CA-04-086991, consolidated.
  • Sexual harassment/Retaliation: Trial judge granted defendants’ motion for summary judgment holding that defendants’ conduct was not severe or pervasive. Appellate court reversed and Ohio Supreme Court refused to hear the case, making this appeal the controlling Ohio law. Case was negotiated and then resolved. Payton v. Receivables Outsourcing, Inc. (Cuyahoga Cty. 2005),163 Ohio App.3d 722, cert. den’d. 2006 Ohio 665.

Trespass and nuisance

  • An adjoining property owner allowed contaminants to seep from their property to the client’s and trespassed on client’s property as well. After a default judgment and a hearing on damages, the lower court refused to award adequate damages. After an appeal, damages awarded to our client were increased substantially.

Unemployment compensation dispute

  • An employee physician who worked for a state agency was discharged without just cause. The agency fought unemployment benefits but physician was given unemployment compensation anyway. The agency appealed for reconsideration and won. The physician was ordered to pay back over $3,000 she had already received. Our firm appealed the reconsideration and proved during the subsequent hearing that the client was entitled to the compensation and the reconsideration in favor of the employer was reversed.

Accounting malpractice

  • An accountant advised a client to go into business with a convicted felon with no history of making any money without informing the client of these facts. The new business partner then stole money from the client and put the client out of business. Settled for the limit of the accounting malpractice policy.

Consumer law violation and age/Race discrimination

  • A 70-year-old African-American male was duped into signing up for an over-the-road truck driving course, then expelled from the program as being too old. He was then billed for the course.

Consumer law violation

  • Local auto dealer sold client a defective vehicle on unfair credit terms, refused to correct problems, and assisted credit company in then repossessing vehicle. Settled on the morning of trial.
  • Pool company sold the client one type of pool but installed a completely different type and damaged client's property in doing so. After 3-day arbitration trial, arbitrator awarded judgment to client.

Home improvement contract dispute

  • A building owner client contracted with a window replacement contractor to replace windows in a multi-resident complex. The contract expressly stated that “time [was] of the essence.” The contractor missed the deadline by a substantial amount. Our firm was able to obtain a fair resolution in addition to the completion of the project and full warranty for the work performed.

Real estate commission dispute

  • Client, he owner of a local office building, sought to lease space to a national company. A national company attempted to use an agent not licensed to engage in real estate transactions in Ohio. The national company backed out of an oral agreement to seek a better lease arrangement with another building, which ultimately fell through. The national company ultimately agreed to a lease term with client building owner. Our firm was instrumental in reaching a compromise with the unlicensed agent under the lease terms of the original agreement.