SMB&P Hires Summer Law Clerks

SMB&P is pleased to announce it has hired two law clerks for the summer of 2012. Brian Peeler is a second year student at the Salmon P. Chase College of Law at Northern Kentucky University. Steve Kilburn is a first year student at the University of Dayton School of Law.

SMB&P Welcomes New Prospects

SMB&P has extended offers of empoyment to recent law school graduate Michael Morgalis and third-year law students Katie Barbiere and John Milligan, all of whom have accepted the offers. Mike Morgalis recently graduated from the University of Cincinnati College of Law. Katie Barbiere is in her third year at William and Mary Law School. John Milligan is in his third year at Salmon P. Chase College of Law at Northern Kentucky University.

SMB&P Attorneys Win Verdict for Injured Police Officer

On June 13, 2011, SMBP lawyers Todd Powers and Kurt Irey obtained a jury verdict in the amount of $1.9 million for client Scott Miller. Miller was a Mason Police officer who was injured in the line of duty on February 28, 2010, when he was struck by a car while directing traffic. The verdict was rendered by a jury in the Warren County Court of Common Pleas.

SMB&P Successfully Defends Officers Accused of Excessive Force

On March 23, 2011, SMB&P attorney Jay Patton obtained a defense verdict in favor of two Brookville, Indiana police officers who were sued for alleged battery, excessive force, and intentional infliction of emotional distress for their actions during the arrest of a suspect in 2006. The jury in the Circuit Court of Franklin County, Indiana rendered its verdict in favor of the officers after a week-long trial.

SMB&P Government Liability Attorneys Attend Section 1983 Seminar

Attorneys from SMB&P's governmental liability practice group attended the 28th Annual Chicago-Kent College of Law Section 1983 Civil Litigation Conference on April 14-15, 2011 at the Illinois Institute of Technology in Chicago Illinois. The conference features preeminent legal scholars and practitioners from across the country and provides updates on municipal liability, alleged police misconduct, individual immunities, substantive due process, and other subjects in the Section 1983 litigation arena. Larry Barbiere, Jay Patton, and Scott Sollmann attended this year's conference.

Admiralty Group Lawyers attend 2011 GNOBFA

SMB&P admiralty and maritime group partners Todd Powers and Megan Ahrens attended the annual Greater New Orleans Barge Fleeting Association ("GNOBFA") River and Marine Industry Seminar in New Orleans, Louisiana on April 6, 2011. The seminar provides valuable updates on the law as it relates to Jones Act liability, longshore and harbor workers compensation, liability under the general maritime law, collisions, licensure, and other maritime concerns. For further information about the Seminar, visit http://gnobfa.com/seminar.htm.

SMB&P Wins Case in Ohio Supreme Court

SMB&P attorney Larry Barbiere has won an important victory for police officers and other governmental employees in the Ohio Supreme Court. The case involved two police officers who were called to the home of a man who was apparently attempting suicide. The issue on appeal was whether, in a case brought under section 1983 in state court, the pre-trial denial of a government employee's claim to qualified immunity is immediately appealable. Mr. Barbiere argued the case before the Supreme Court on October 12, 2010 and the Court rendered its decision in favor of the officers on December 27, 2010. As a result of the decision, government employees throughout Ohio who are sued under section 1983 in state court will now be able to obtain immediate appellate review of denials of their right to qualified immunity. The Supreme Court's decision in Summerville v. Forest Park is available online at http://www.sconet.state.oh.us/rod/docs/pdf/0/2010/2010-ohio-6280.pdf

Powers and Ahrens Receive Defense Judgment

On October 5, 2010, Magistrate Judge Gregory Wehrman of the United States District Court for the Eastern District of Kentucky entered a defense judgment in favor of SMBP maritime client Madison Coal & Supply Company, Inc. The case arose from an incident in which a pleasure boat swamped after entering the M/V Tennessee's wheelwash, resulting in the death of the driver of the pleasure boat. Plaintiffs claimed the M/V Tennessee was traveling at an excessive speed, creating unusually large wake and wheel wash from which the pleasure craft could not escape. Prior to trial, Madison Coal was granted limitation under the Limitation of Liability Act via summary judgment. The case was tried by SMB&P admiralty and maritime attorneys Todd Powers and Megan Ahrens.

Judge Wehrman presided over the two day bench trial. The testimony of the passengers from the pleasure boat differed significantly from that of the Captain of the M/V Tennessee. A number of Inland Navigation Rules were implicated that, if violated, would have required application of the Pennsylvania burden shifting rule. After considering the evidence and testimony presented at trial, Judge Wehrman found the Captain's account of the incident to be credible in all respects. The Court concluded that the M/V Tennessee was operated in a safe and reasonable manner in compliance with all navigational rules. Rather, the incident was solely caused by the pleasure boat's failure to keep a safe distance from the M/V Tennessee and negligently turning into the vessel's wheel wash. No appeal is anticipated.

SMB&P Has Moved!

In July 2009, SMB&P completed its move to a state-of-the-art, newly constructed office building at 5300 Socialville-Foster Road in Mason. The new office is equipped with the latest in high-tech communications, conference, and presentation facilities, providing individual clients and insurance professionals with an effective and comfortable environment in which to conduct business. For directions to our new office, Click here. All telephone numbers, fax numbers, and email addresses remain the same.