AUGUST NEWSLETTER
FG&I commences its fall recruiting season at the end of this month with trips planned to eleven law schools around the country including the University of Michigan, the University of Virginia, the University of Cincinnati, the University of Dayton, Ohio State University, Washington and Lee University, Indiana University, St. Louis University, Washington University in St. Louis, Case Western Reserve University and the University of Notre Dame. In addition to these fine law schools, we welcome candidates from all ABA-accredited law schools. FG&I is actively recruiting associates and summer clerks for 2003. FG&I attorney candidates rank in the top 10-15% of their class; law journal or clerking experience is preferred. To request an FG&I recruiting brochure or to submit a resumé, contact Jeff Cox at jcox@fgilaw.com.
FG&I succeeded in obtaining reversal in the Second District Court of Appeals of the denial of a motion for discovery under Ohio Rule of Civil Procedure 56(F), and of the grant of summary judgment to the defendant in an action in which summary judgment had been granted shortly after FG&I entered the case as successor counsel to the plaintiff's original law firm. Shortly after the plaintiff had signed an agreement containing a release of a noncorporate party in bankruptcy in Delaware, the defendant in the Common Pleas Court action filed a summary judgment motion arguing that it was included in that release because it was a former member of the bankrupt. At that point, FG&I substituted into the case on the release issues, and sought discovery. Finding that the affidavits accompanying the plaintiff's Rule 56(F) motion indicated possible fraudulent or inequitable conduct, which would support a claim of unilateral mistake in signing the release, the Court of Appeals reversed and remanded. FG&I associates Caroline Gentry and Karl Neudorfer worked on the briefs in the case. Charlie Faruki argued the appeal.
Brad Anderson joins FG&I this month as an associate following his stint as a trial attorney in the United States Air Force Judge Advocate General Corps. A 1992 graduate of the University of Michigan Law School, Brad holds an undergraduate degree, with Phi Beta Kappa distinction, from the College of Wooster. While in the Air Force, Brad engaged in complex criminal litigation as well as contract disputes and departs the Air Force with the rank of Major. A native of Troy, Ohio, Brad's Air Force tenure included time stationed in Germany and various locations throughout the United States. FG&I is excited to have Brad joining our ranks this month, along with five new 2002 graduate attorneys. See the September newsletter insert to learn more about our new associates, or e-mail us at jkendall@fgilaw.com to request more information.
Returning to FG&I this month is Martin Foos, who spent the last 18 months clerking for U.S. Magistrate Judge Christopher Neuchterlein in the United States District Court for the Northern District of Indiana. A "Double Domer," Marty holds both law and undergraduate degrees from the University of Notre Dame and was an Associate at FG&I from 1997 to 2001. Marty also clerked for The Honorable U.S. Magistrate Judge Theresa Springmann of the United States District Court for the Northern District of Indiana from 1995 to 1997. Welcome back Marty!
Within the last month the Court of Appeals for the Second Appellate District (Montgomery County, Ohio), affirmed a trial court award of summary judgment to FG&I's client The Dayton Power and Light Company, in an employment action in which the plaintiff attempted to expand the perimeters of the public policy exception to the doctrine of at-will employment in Ohio. Plaintiff argued that for purposes of the public policy exception, which among other elements requires that a clear public policy existed and was manifested in a state or federal constitution, statute or administration regulation, or in the common law, there is a clear public policy in Ohio that precludes terminating an employee for requesting leave to care for injured relatives. The Court of Appeals rejected that argument: "We therefore conclude that there is not a clear public policy in Ohio against terminating an employee for requesting leave to care for injured relatives." In addition, plaintiff argued that the court should recognize a cause of action for breach of the covenant of good faith and fair dealing in employment-at-will agreements. The court refused to do so. The Court of Appeals recognized that "Ohio adheres to the doctrine of employment-at-will, which refers to the traditional rule that 'a general or indefinite hiring is terminable at the will of either party, for any cause, no cause or even in gross or reckless disregard of any employee's rights.'" FG&I lawyer Melinda Burton had the principal responsibility for the appellate brief; Charlie Faruki argued the appeal.
The Washington Monthly magazine has ranked Dayton among the top mid-sized cities considered a destination for the "creative class." The July 2002 Dayton Area Chamber of Commerce Small Business Newsletter reports that The Washington Monthly created an index focusing on the amount of high-tech industry, the record of innovation and the openness to diversity to measure cities that best attract people to enhance a community's economic growth potential. Dayton ranks fifth on this index behind Albuquerque, New Mexico, Albany, New York, Tucson, Arizona and Allentown, Pennsylvania.
FG&I 2002 summer associate Mark Mahoney, who will earn his law degree in 2003 from the University of Dayton School of Law has accepted the firm's offer to become an associate of the firm in August, 2003. A member of the Law Review, Mark also is a registered pharmacist, a 1995 graduate of the Massachusetts College of Pharmacy and Allied Health Sciences, and served in the United States Air Force from 1996-2000, achieving the rank of Captain.
