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