SMBP Ranked in 2018 U.S. News “Best Law Firms”

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SMB&P has been rated a Cincinnati Metro area Tier 1 “Best Law Firm” by U.S. News & World Report in the areas of Commercial Litigation and Medical Malpractice, and a Cincinnati Metro Tier 2 “Best Law Firm” in the areas of First Amendment and Personal Injury Litigation.  Firms included in the 2018 “Best Law Firms” list are recognized for
professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

SMB&P Partner Wins Victory in Ohio Supreme Court

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In a case briefed and argued by SMB&P partner Scott Sollmann, the Ohio Supreme Court in State ex rel. Singer v. Fairland Local School Dist. Bd. of Edn., Slip Opinion No. 2017-Ohio-8368, ruled that a substitute custodian whose schedule is irregular with respect to days of service, hours worked, and school-building assignment is not considered a “regular nonteaching school employee” under an Ohio law.

Medical Malpractice Attorneys Secure Favorable Settlement with Hospital in Case of Wrongful Death

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SMBP’s medical malpractice attorneys recently settled a lawsuit filed on behalf the estate of a loving husband, father of two and grandfather of five, who died in 2015, following complications resulting from the placement of a feeding tube.   Tragically, what was expected to be a short, uneventful procedure resulted in perforation of his intestines causing peritonitis which ultimately led to sepsis.  The deceased died the following day.

The deceased’s wife, who was bedside to witness her husband’s suffering, called for a doctor to examine her husband and discover the cause of his unrelenting pain.  Despite her efforts, the calls went unheeded.  The mediation of this case allowed the deceased’s widow the opportunity to speak with the representatives of the hospital and express her hope that other patients might have better outcomes, based on what was learned from this litigation.  The settlement reached with the hospital will fund the college educations of the deceased’s grandchildren.

Maritime Group Secures Default Judgment in Collision Case

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On July 16, 2016, the M/V Charleston was traveling upriver on the Kanawha River near St. Albans, West Virginia when an approaching 30-foot pleasure craft, traveling at a high rate of speed, made a sudden and unforeseen course change, steering directly into the bow of the M/V Charleston’s tow.  The pleasure craft collided with one or more barges at the head of the tow, with the side of the towing vessel, and ultimately crashed into a nearby marina.  Investigation revealed the driver of the pleasure craft suffered severe injuries as a result of the collision.  In addition, several other pleasure craft docked at the marina sustained property damage.  SMBP subsequently filed a Complaint for Exoneration and/or Limitation of Liability in the U.S. District Court for the Southern District of West Virginia on behalf of Amherst Madison, owner of the M/V Charleston.  SMBP secured a Restraining Order and Order Ad Interim, which established a claim deadline of January 9, 2017.  After providing notice to all potential claimants, no claims were filed.  As a result, SMBP filed a Motion for Default Judgment, which was granted by the Court.  Less than one year following the casualty, Amherst Madison has the peace of mind of knowing that no claims will result from the collision.

Maritime Group Successfully Enforces Forum Selection Clause in Post-Incident Wage Agreement

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Following an alleged incident, the injured Jones Act seaman approached his employer requesting monies in addition to the daily maintenance rate he was receiving as a matter of right. His employer agreed and the parties entered a post-incident wage advance agreement. Like many agreements of this type, the wage advance agreement contained a forum selection clause identifying a single federal district court in which suit relating to the underlying incident could be filed. Contrary to the mandatory forum selection provision, however, the seaman filed suit in a nearby state court. The SMBP maritime group filed a Motion to Dismiss for Improper Venue based on the forum selection clause contained in the wage advance agreement. The state court granted the Motion, finding the forum selection clause was valid and enforceable, requiring transfer of the state court action to the agreed upon federal district court.

A great precedent for use in future enforcement actions!