Practice
What kind of cases does Bob handle?
Bob has a long record of success in representing individuals and businesses who have been wronged but are in the right. Bob concentrates on bad faith insurance practices and coverage disputes, professional malpractice, personal injury (specifically wrongful death and traumatic brain injury), aviation law, breach of fiduciary duty and employer intentional tort. His services also include contested probate cases, sexual abuse, and other civil litigation. Click on these for a description and link to an example of Bob’s cases, or an article.
1.) Bad Faith Insurance Practices and Coverage Disputes
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 occurs when an insurance company does not follow through with the agreed upon terms and conditions of your policy. Bad faith can also 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.
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2.) Professional Malpractice
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 malpractice 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]
3.) 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. 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
4.) Intentional Torts
Employer, Sex Abuse
Intentional tort occurs when a person knowingly causes harm or loss to another person or that person's property. In Ohio, an employer who knowingly requires an employee to work in a dangerous situation where the employer knows that it is substantially certain that a worker will be injured is liable for full tort damages in addition to Workers Compensation payments. This is called an Employer Intentional Tort. Sex abuse, assault and battery, and fraud are other examples of intentional torts.
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5.) 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.
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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.
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6.) Other Civil Litigation
Bob undertakes many other types of civil litigation, including fraud, contract disputes, and some discrimination cases.
7.) 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.
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