Cases & Articles

Bob has a long record of success in representing both individuals and businesses. He concentrated on bad faith insurance practices and prosecuting insurance misconduct, serious personal injury (including wrongful death and traumatic brain injury), breach of fiduciary duty, Federal Tort Claims Act and professional negligence. But he did many other types of litigation.

The following case summaries and articles are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Bad Faith Insurance Practices And Prosecuting Insurance Misconduct

Health, Property, Disability, Life, Auto, Commercial Liability

Your insurance company must act toward you in good faith. If its conduct is not reasonably justified, it acted in bad faith. Bad faith in Ohio occurs when an insurance company acts improperly or without reasonable justification. For example, bad faith may include denying you benefits that are due to you; taking an unreasonable amount of time to pay benefits, failing to investigate your claim or offering an unreasonably low amount of compensation, not properly disclosing benefits, or other actions that demonstrate bad faith on the part of the insurer.

View Case Studies:
DARDINGER V. ANTHEM BLUE CROSS & BLUE SHIELD
SCHAEFFER V. ALLSTATE INSURANCE CO.

Serious Personal Injury/Wrongful Death

Autos, Trucks, Aircraft, Railroad Crossings, Other Cases

Accidents involving automobiles, trucks, aircraft, railroad or other cases could provide grounds for claims against the negligent party for recovery of medical costs, lost wages, property damage, future losses, and pain and suffering. When a death is caused by a negligent, careless, intentional or reckless act of another, it is considered a wrongful death. Ohio wrongful death laws are very specific and apply regardless of the cause of death.

View Case Studies:
MYERS V. THE BRICKMAN GROUP, LTD.
STABLES V. EMERY WORLDWIDE AIRLINES INC.
PAUL BRUNNER AND DOUG OTTE V. PAMELA HAMPSON, EXECUTOR OF THE ESTATE OF JERRY J. HAMPSON

Breach Of Fiduciary Duty/Will Contests

A fiduciary is one with the legal authority and duty to make decisions about someone else's financial matters, such as a bank, an accountant, a financial advisor, or pension administrator. A fiduciary has a very high standard of conduct and obligation of loyalty to you, the beneficiary. If violated, you may seek damages through the courts.

View Case Studies:
DANIEL R. ORVETS V. NATIONAL CITY BANK NORTHEAST, ET AL.

Contesting a will is difficult, both legally and emotionally. You must be able to prove that the will was improperly done, the maker lacked mental capacity, or there was fraud or undue influence on the person making the will. A jury will decide.

View Case Studies:
STISCHOK V. STISCHOK
CONTESTING A WILL: IT'S TRULY A CONTEST OF HUMAN WILL [PDF]

Federal Tort Claims Against The U.S Government

Under the Federal Tort Claims Act, the U.S. Government can only be sued "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." If you have been injured in a government hospital, or by an accident involving a government vehicle or a government employee, you may be able to file a federal tort claim.

View Case Studies:
MAKING UNCLE SAM RESPONSIBLE TO YOUR CLIENT (2005) [PDF]

Professional Negligence

Many people think of malpractice as only applying to doctors and other health care professionals, but professional malpractice, or negligence, can occur in cases involving many professionals, such as attorneys, accountants, architects, or engineers. All professional negligence involves substandard conduct in the course of providing professional services.

View Case Studies:
GENTIVA HEALTH SERVICES, INC. V. WESTON HURD FALLON PAISLEY AND HALLEY, LLP
ALTERED AND 'LOST' MEDICAL RECORDS [PDF]

Other Civil Litigation

Bob prosecuted many other types of civil litigation, including FRAUD, CONTRACT DISPUTES, certain INTENTIONAL TORTS and some CIVIL RIGHTS CASES.

View Case Studies:
DONNA R. HOLT V. LLOYD W. MARTINO (FRAUD)
FOLEY V. AMERICAN ELECTRIC POWER (CONTRACT DISPUTE)
TAULBEE V. ADIENCE, INC. BMI DIVISION (EMPLOYER INTENTIONAL TORT)

FITZGERALD V. LUCENT (CIVIL RIGHTS)

Articles By or About Bob

HOME OF THE BRAVE: THREE ATTORNEYS TELL OF SERVING THEIR COUNTRY [PDF]

A GREEN-EYED MONSTER? PUNITIVE DAMAGES AND ATTORNEY FEES [PDF]

CONTESTING A WILL: IT'S TRULY A CONTEST OF HUMAN WILL [PDF]

MAKING UNCLE SAM RESPONSIBLE TO YOUR CLIENT (2005) [PDF]

ALTERED AND 'LOST' MEDICAL RECORDS; EVIDENCE OF SPOLIATION OF RECORDS IN MEDICAL NEGLIGENCE ACTIONS CAN STRENGTHEN YOUR CLIENT'S CASE. [PDF]

SURVIVING FRIGHTENING FRISSONS [PDF]

All articles are in PDF format for easy viewing and printing, and will open in a new browser window. These articles are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.