SMB&P Named to 2023 U.S. News “Best Law Firms” in Cincinnati

SMB&P has been named to the 2023 Tier 1 U.S. News “Best Law firms in Cincinnati for Commercial Litigation, Medical Malpractice Law – Plaintiffs, and Personal Injury Litigation – Plaintiffs.

SMBP Maritime Group Wins Summary Judgment on Contractual Indemnity Claim

On January 13, 2018, a multi-barge breakaway occurred from the Jacks Run fleet in Pittsburgh, PA resulting in millions of dollars of loss and damage to the barges and a complex maze of litigation, which remains pending in the United States District Court for the Western District of Pennsylvania. In the course of its representation of one of the barge owners, SMBP pursued a contractual indemnity claim for reimbursement of the barge owner’s first-party losses, damages, and expenses arising from the breakaway. The indemnitor repeatedly denied the claim, prompting the filing of a Motion for Partial Summary Judgment. On July 20, 2021, Judge Horan granted the Motion, holding the indemnity provision unambiguously requires the indemnitor to provide indemnity for the barge owner’s first and third-party losses, damages, expenses, and liability arising from the breakaway, regardless of fault or a determination of what or who caused the breakaway.

SMB&P Adding New Attorney

SMB&P is excited to announce that the firm will be adding Jim Barbiere as an associate attorney beginning February 15, 2021. Jim has been an Assistant Prosecutor with the Hamilton County Prosecutor’s Office since 2017, where he has defended County employees and officials in civil lawsuits in state and federal court. Jim will be a valuable asset to SMB&P and its clients now and in the future.

SMBP Maritime Group Secures Summary Judgment in Collision Case

On February 13, 2019, the tow of the M/V Miss Dixie suddenly and without warning veered into the path of and collided with the tow of the M/V D. & R. Boney, causing severe damage to the lead barge in the M/V D. & R. Boney’s tow.  On behalf of the M/V D. & R. Boney’s owner and operator, SMBP filed an Intervening Complaint against the operator of the M/V Miss Dixie in the U.S. District Court for the Eastern District of Louisiana.  After taking the deposition of the Captain of the M/V Miss Dixie, SMBP filed a Motion for Summary Judgment on both liability and damages.  Judge Milazzo granted the Motion, awarding SMBP’s clients their full measure of damages, plus pre- and post-judgment interest.

Court Affirms Parental Consent Not Required for Adoption

SMB&P represented a grandmother seeking to adopt her granddaughter without the consent of the child’s biological mother. SMB&P successfully argued that the mother’s consent to the adoption was not required due to the mother’s failure, after notice and a hearing, and without justifiable cause, to have more than de minimus contact with the child in the year preceding the adoption. A copy of the Twelfth District Court of Appeals’ opinion affirming the decision of the Warren County Probate Court can be viewed here: https://www.supremecourt.ohio.gov/rod/docs/pdf/12/2019/2019-Ohio-3055.pdf

Insurance Coverage Dispute Successfully Dismissed for SMB&P Client

SMB&P’s litigation attorneys successfully defended a leading national property/casualty insurance company in a case in which the plaintiffs alleged they were entitled to coverage under the at-fault driver’s employer’s garage liability policy. SMB&P partner Katie Barbiere prevailed by filing a motion for summary judgment, successfully arguing that the policy did not provide coverage because the at-fault driver was not operating a covered auto at the time of the accident and also defeating the plaintiffs’ arguments that the policy language was unconscionable. A copy of the court’s opinion can be viewed here.

SMB&P’s attorneys enjoy handling such insurance coverage disputes and we try to use our experience and knowledge to resolve such disputes in the most timely and cost-effective manner.

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

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

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

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

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.