Our attorneys work hard to get the best possible results for our clients. Please review our recent litigation successes encompassing our four departments and 40 practice areas. You may search by keyword, practice area or year of result. 

Department of Labor sides with defense.

We received a favorable decision from the Department of Labor (DOL) denying a coal miner’s claim for benefits when the only evidence submitted by his widow was the death certificate listing severe chronic obstructive pulmonary disease (COPD) as the primary cause of death. The DOL claims examiner agreed with our position that the death certificate alone, was insufficient evidence to sustain the claimant’s burden of proving that her husband had totally disabling coal workers’ pneumoconiosis during his lifetime.

Federal Black Lung benefits denied.

We were successful in obtaining a decision denying a widow’s claim for Federal Black Lung benefits. The deceased miner worked in underground coal mining for 11 years. His lifetime claim for benefits was denied after numerous claim filings and appeals. The widow then sought survivor’s benefits based upon the opinion of her medical expert, who opined that the miner’s death was hastened by coal workers’ pneumoconiosis.

Favorable decision from Workers’ Compensation Appeal Board.

We obtained a favorable decision from the Workers’ Compensation Appeal Board, reversing the underlying judge’s decision pertaining to a school district’s entitlement to a credit for wages paid to a school teacher pursuant to a collective bargaining agreement. The Board granted credits for wages received by the injured worker through the school district’s collective bargaining agreement, allowing offsets against the claimant’s future entitlement to wage loss benefits.

Successful prosecution of termination petition on behalf of hospital.

We successfully prosecuted a termination petition on behalf of a well-known hospital and defended the claimant’s petition for review to expand the nature of the accepted injury. The injury was accepted as a right distal bicep strain, which included a partial tear that resulted in surgery. The claimant asserted the injury should be expanded to also include right carpal tunnel, right elbow sprain and trigger fingers.

Employer and insurer dismissed from COVID-19 litigation.

We were successful in dismissing the employer and insurer from a fatal claim as a result of COVID-19 infection. The claimant-widower filed the claim on behalf of his deceased wife, alleging she contracted COVID-19 while working in the capacity of a caretaker for a sick client. We argued that the correct employer for workers’ compensation purposes was the claimant’s client, not the named employer. The Workers’ Compensation Judge agreed and dismissed the named employer and insurer as party defendants.

Successful defense of work-from-home injury.

We  successfully defended a claim petition on behalf of a national communications carrier. The claimant was employed as a customer service representative who, as a result of the pandemic, transitioned to a work-from-home position. While carrying computers into his house, the claimant fell, sustaining a patellar tendon tear PCL tear, meniscus tears and bone contusions. Arguing that the injuries were work-related, the claimant presented evidence from several orthopedic surgeons.

Successful defense of claim petition over alleged spine injury.

We successfully defended a claim petition for an alleged spine injury on behalf of a construction company. The claimant was employed as a construction worker, and a week after being hired, he was allegedly injured while using a jackhammer. He filed a claim petition for multilevel disc injuries in the lumbar spine. Ashley presented the medical testimony of an orthopedic expert who explained how the injury was soft tissue in nature, and had resolved as of an independent medical examination.

Claims dismissed against Ohio housing authority.

We won summary judgment for a housing authority in a political subdivision matter in the U.S. District Court, Southern District of Ohio. The plaintiff sought over $20 million in damages, alleging the housing authority violated the Fair Housing Act and the Americans with Disabilities Act by discriminatorily blocking funding for, and financing of, 60 units of project-based affordable housing for homeless veterans, most of whom are disabled.

Township dismissed from case involving First Amendment claim.

We successfully obtained dismissal, with prejudice, on behalf of a Pennsylvania Township and a township manager via a motion to dismiss plaintiff’s amended complaint. The plaintiff raised a single First Amendment count on the basis that the defendants allegedly retaliated against his exercise of his First Amendment right to petition by preemptively refusing to listen to him on the subject of traffic controls.