Lawrence E. Barbiere Wins Important Public Records Act Victory In Court of Appeals

SMBP government liability attorney Larry Barbiere successfully represented a former township assistant development administrator in a case where it was alleged the employee and the township violated the Ohio Public Records Act. The suit alleged the township and the employee unlawfully destroyed public records under R.C. 149.351 and failed to respond to a public records request within a reasonable time under R.C. 149.43. On August 27, 2012, the Ohio Twelfth District Court of Appeals handed down its decision in State ex rel. Doe v. Tetrault, CA2011-10-070, in which it, among other things, affirmed the trial court’s decision that certain notes created by a government employee on scrap paper and on a township owned laptop were not “public records” under the Act. View a copy of the decision.

SMBP Promotes Two to Partner

SMBP is pleased to announce that effective January 1, 2013, Attorneys Scott Sollmann and Kurt Irey have become partners in the firm. Please join us in congratulating them on their accomplishment.

Christopher L. Moore Wins Case for National Retailer

SMBP Partner Chris Moore recently obtained summary judgment on behalf of a national retailer in a case in which a plaintiff alleged he suffered the aggravation of a preexisting heart condition and post traumatic stress after being asked to leave a store after causing a disturbance. The plaintiff alleged that the store was negligent and had violated his Fourth Amendment rights when a store security officer escorted him out of the store after he refused to vacate the premises. The Court granted the motion and dismissed the case, agreeing that the store had the right to control its premises and that the plaintiff’s refusal to leave the store, once asked, changed his status to that of a trespasser with no rights to remain in the store.

SMBP Government Liability Lawyers Attend Section 1983 Conference in Chicago

Attorneys from SMBP’s governmental liability practice group attended the 32nd Annual Chicago-Kent College of Law Section 1983 Civil Litigation Conference on April 16-17, 2015 in Chicago, Illinois. The conference features preeminent legal scholars and practitioners from across the country and provides updates on municipal and supervisory liability, alleged police misconduct, individual immunities, substantive due process, and other subjects relevant to Section 1983 litigation. Jay Patton, Kurt Irey, and Katie Barbiere attended this year’s conference.

Admiralty Group Attorneys attend 2015 GNOBFA Seminar in New Orleans

SMBP admiralty and maritime group attorneys Megan Ahrens and Todd Powers attended the annual Greater New Orleans Barge Fleeting Association (“GNOBFA”) River and Marine Industry Seminar in New Orleans, Louisiana in April. The seminar provides valuable updates on 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 https://gnobfa.com/seminar.htm.

SMBP Government Liability Lawyers Attend Section 1983 Conference in Chicago

Attorneys from SMBP attended the 31st Annual Chicago-Kent College of Law Section 1983 Civil Litigation Conference on April 23-24, 2014 in Chicago Illinois. The conference features preeminent legal scholars and practitioners from across the country and provides updates on municipal and supervisory liability, alleged police misconduct, individual immunities, substantive due process, and other topics relevant to Section 1983 litigation.Larry Barbiere, Jay Patton, Kurt Irey, Scott Sollmann, Mike Morgalis, Katie Barbiere, andBrian Hurley attended this year’s conference.

Admiralty Group Attorneys attend 2014 GNOBFA Seminar in New Orleans

SMB&P attorneys Todd Powers, Megan Ahrens, and John Milligan attended the annual Greater New Orleans Barge Fleeting Association (“GNOBFA”) River and Marine Industry Seminar in New Orleans, Louisiana on April 9-11, 2014. The seminar provides valuable updates on 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 https://gnobfa.com/seminar.htm.

SMBP Attorneys Author Article on Ohio Firearm Preemption Statute

SMBP Attorneys Larry Barbiere and John Milligan have published an informative article on Ohio’s Firearm Preemption Statute, which addresses whether Ohio home-rule municipalities may enact and enforce local gun-control ordinances. The article is published in the Spring 2014 Public Entities Pool of Ohio newsletter. The article can be found online at https://www.pepohio.org/newsletters/2014/CurrentNewsletter.pdf Mr. Barbiere is the Managing Partner at SMB&P. He focuses his practice on municipal defense and has extensive litigation experience in civil rights, zoning and land use, premises liability and employment law. Mr. Milligan is an Associate with SMB&P; his practice focuses primarily in the areas of insurance defense, labor and employment law, admiralty and maritime Law, municipal liability, and civil rights.