In class action litigation arising from a chemical plant explosion, FI&C lawyers recently won a summary judgment against the lead plaintiffs' claims for emotional distress.
The Court granted summary judgment after review of testimony demonstrating that the alleged emotional distress was neither severe nor legitimate. The summary judgment decision was significant because the class no longer has representatives with standing to assert emotional distress claims. It also set forth Ohio's high standard for such claims which does not allow for a legal claim, unless the distress is "severe and debilitating" with some "guarantee of genuineness" in the proof.
The case arises out of an explosion at a chemical manufacturing facility in 2003. Several sets of lawyers filed suit on behalf of those evacuated from the surrounding neighborhoods. In October 2005, the Court granted class certification, but with significant limitations to the number of claimants and types of claims that could be asserted on a class-wide basis. Now, the class may not assert the emotional distress claims either. Tom Kraemer, Marty Foos, and Andrew LeMar are working on this matter.
Jeff Sharkey successfully defended a motion in which a plaintiff sought to have an FI&C client held in contempt of court.
In the motion, the plaintiff alleged that FI&C's client had engaged in multiple independent violations of an order of the court. After an evidentiary hearing, the Shelby County Common Pleas Court ruled from the bench that no contempt had occurred.
Jeff Sharkey, Nick Smith and Erin Bair won a motion to disqualify opposing counsel in a case pending in Hamilton County Common Pleas Court.
After an evidentiary hearing handled by Jeff Sharkey on the motion to disqualify, the Court ruled that the opposing law firm was disqualified because one of its partners ought to be a witness in the matter.
In January, Brad Anderson was elected President of Health Partners of Miami County
a nonprofit corporation that operates a weekly free clinic for uninsured and underinsured residents of Miami County
