Litigation

Appeals

Whether defending a judgment or overturning an erroneous decision on appeal, attorneys at Nicola, Gudbranson & Cooper (NGC) have the skills and experience to zealously and effectively represent and guide their clients through the appeal process on the local, state and federal levels. NGC’s attorneys regularly appear on behalf of their clients before county boards of revision and appellate courts throughout Ohio, including the Ohio Supreme Court. We also argue before the 6th – U.S. Circuit Court of Appeals and the U.S. Supreme Court.

To locate the NGC attorney with the education and experience best suited for your legal issue, contact our office and we will arrange for an initial consultation.

Administrative appeals
County board of revision property valuations
Federal and State – see Practice Areas
Real estate tax exemptions
Zoning disputes

Alternative dispute resolution

Mediation and arbitration have increasingly become the means for NGC’s business clients to effectively resolve their commercial disputes. Our attorneys have extensive experience negotiating fair and effective alternative dispute resolution (ADR) provisions, and when disputes subject to ADR provisions arise, we have the experience and know-how to effectively and efficiently assist clients in the selection of neutrals, acquire and present the evidence and the law, and present arguments to the neutrals.

Our litigation attorneys regularly represent clients in ADR proceedings in their areas of practice.

Attorney Richard G. Witkowski, practice area chair, is a member of the Commercial Arbitration Panel of the American Arbitration Association and has specialized training and experience in regard to arbitration. Contact Rich or any other attorney at the firm for an initial consultation.

Consultation regarding selection of arbitrators and ADR procedures
Negotiation of effective ADR language in contracts
Representation in commercial, contractual, insurance and employment disputes involving arbitration, mediation and other forms of ADR
Third-party arbitration and mediation services

Commercial/business litigation

NGC has extensive experience representing a wide array of business clients in both routine and complex commercial and business litigation. While we aggressively assert our clients’ rights, we also seek the most cost-effective solutions for them. We understand business and our clients’ needs.

Our litigation attorneys successfully defend and prosecute claims in state and federal courts throughout Ohio. Contact any of our attorneys regarding any of the following matters, and we will arrange for an initial consultation.

Complex, multiparty business and commercial litigation
Contested stock valuations/appraisals
Contract disputes
Buy/sell disputes
Dissenters’ rights disputes
Force outs
Uneven distributions and breaches of contract or fiduciary duty
Employment disputes
Financial investigations and equitable actions for an accounting
Franchisor/franchisee litigation
Fraud, misappropriations and breaches of fiduciary duties
Intentional interference with contract claims
Misappropriations of trade secrets and confidential information
Real estate transaction disputes
Securities law violations
Unfair competition
Uniform Commercial Code claims (secured transactions, sales and negotiable instruments)

Debtors’/creditors’ rights litigation

The firm represents a wide array of clients in the enforcement of debtors’ and creditors’ rights. Our business and litigation attorneys work together to evaluate business options and, if necessary, defend and prosecute lawsuits.

Contact any of our attorneys for an initial consultation on debtors’ or creditors’ rights issues.

Acquisition, enforcement and defense of security interests
Attachments and garnishments
Creditor bad faith claims
Enforcement and defense of business debts
Loan documentation reviews

Domestic relations

The firm has represented hundreds of clients in a range of domestic relations matters. Contact John Sayre, practice area chair, or any other NGC attorney to arrange for a consultation.

Custody disputes
Divorces
Post-divorce decrees
Prenuptial agreements
Separation agreements

Education litigation

NGC attorney Arthur L. “Tim” Clements III has extensive administrative and civil litigation experience representing clients on issues involving education and charter school regulation. Our business and litigation attorneys are available to assist with evaluation of claims and their defense and prosecution. We represent clients in administrative hearings as well as in state and federal courts throughout Ohio.

Contact Tim or any other NGC attorney to arrange for a consultation.

Disciplinary actions – public and private schools
Students with disabilities special needs claims

Employment litigation

Employment litigation constitutes one of the largest caseload segments of the federal courts. Reports also show that enhanced enforcement efforts have contributed to increases in employment discrimination claims with the U.S. Equal Employment Opportunity Commission (EEOC). Now more than ever, corporations and in-house counsel rely on NGC’s significant experience and employment law counsel to successfully avoid or defend employment based claims.

Trade secret and restrictive covenant litigation account for a substantial portion of our practice.

To locate the NGC attorney with the experience best suited for your legal issue, contact our office and we will arrange for an initial consultation.

Class action discrimination defense
Defense and prosecution of theft of trade secrets and confidential information
EEOC claim management and defense
Employment discrimination claims of all types (age, race, gender, disability, religion, national origin and ethnicity)
Employment retaliation claims
Enforcement and defense of restrictive employment and non-competition agreements
Labor disputes
Ohio Civil Rights Commission (OCRC) claim management and defense
Unemployment compensation claims

Fraud, breaches of fiduciary duty and misappropriations litigation

The firm frequently represents clients who have been victimized by fraud, breaches of fiduciary duty and theft. Our attorneys’ unique qualifications and experience enable them to provide cost-effective alternatives to the defense and prosecution of these types of claims. Our litigation attorneys have successfully defended and prosecuted claims in state and federal courts throughout Ohio.

Attorney Richard G. Witkowski, practice area chair, is a certified public accountant (inactive) and a member of the Association of Certified Fraud Examiners. In addition to his experience as a litigator, Rich has more than 10 years’ experience as a financial statement and internal auditor.

Contact Rich or any other NGC attorney for an initial consultation.

Pre-suit investigations and evaluations of frauds, breaches of fiduciary duty and thefts
Prosecution and defense of claims of fraud in financial statements, financial projections and business valuations
Prosecution and defense of claims of misappropriation, theft, and embezzlements

Insurance law litigation

NGC frequently represents business clients and insurance carriers involved in insured property and liability claims and disputes over insurance coverage. Our attorneys’ unique qualifications and experience enable them to evaluate and prosecute or defend against these types of claims in a cost-effective manner. We have successfully prosecuted and defended against claims in state and federal courts throughout Ohio.

Attorney Richard G. Witkowski, practice area chair, has extensive experience representing insureds and insurance carriers in litigation involving insurance coverage and has represented numerous insurance carriers over the past 20 years in defense of bad faith claims and claims for coverage. Rich is a Chartered Property Casualty Underwriter and previously worked as an insurance risk manager at BP America Inc. Contact Rich or any other NGC attorney for an initial consultation.

Bad faith litigation
Coverage analysis, arbitration and litigation
Representation regarding retrospective premium audits and assessments

Municipal law litigation

The firm continues its history in municipal law, with NGC attorneys serving municipalities and councils of government throughout Northeast Ohio law director, prosecutor and legal advisor. From the preparation of legislation and municipal policies through the defense of police liability cases, our Municipal Law Group attorneys, Michael E. Cicero and Luke F. McConville, have many years of experience in their craft.

While our municipal attorneys engage in a wide variety of litigation matters, we emphasize the defense of political subdivisions and their employees in tort-related and civil rights litigation. Our defense of law enforcement agencies and police officers is at the forefront of our attorneys’ expertise. We have successfully defended numerous governmental clients in administrative, state and federal court actions and have developed a reputation for obtaining favorable results for clients in an efficient manner.

Our attorneys also provide guidance and counsel in drafting and revising policy manuals, general order, and standard operating procedures. We also frequently present seminars and other presentations to law enforcement clients on the changing state of the law in areas such as drunk driving and search and seizure.

Election cases
Eminent domain
Extraordinary writs
Misdemeanor prosecution
Nuisance abatement
Public sector labor negotiations
Zoning disputes

Professional liability/malpractice litigation

The firm has extensive experience representing a wide array of professionals regarding ethics complaints and allegations of professional malpractice, employment agreement disputes, shareholder disputes and licensing issues. We are also frequently retained to assist in risk management issues and subpoena compliance. Our litigation attorneys successfully defend and prosecute claims in state and federal courts throughout Ohio.

Compliance regarding legal, professional and ethical obligations to clients, third parties and regulators
Defense and prosecution of malpractice claims involving accountants, attorneys, insurance agents and brokers and financial advisors
Defense of professionals against ethics complaints and in disciplinary proceedings
Legal counsel regarding management of breaches of confidential client financial information
Professional liability insurance coverage reviews, analysis and litigation
Representation of design professionals and subcontractors in Ohio
Risk management and pre-claim assistance to prevent or minimize the severity of claims
Subpoena response (grand jury, civil and administrative subpoenas)

Real property litigation

NGC attorneys assist clients in all forms of litigation relating to real property, whether a financial institution seeking to foreclose, a commercial entity protecting a valuable easement, a lender defending its interest in tax increment financing or defending a client against alleged zoning violations. Contact any of our litigation attorneys for an initial consultation.

Boundary and title disputes
Defense of agency enforcement actions
Eminent domain prosecution and defense
Environmental matters
Foreclosures, both commercial and residential
Nuisance abatements
Permitting and background investigations
Prescriptive easement and adverse possession claims
Purchase agreement enforcement and defense
Remediation cost recovery
Underground Storage Tank Cleanup Fund (UST) claims
Zoning disputes

Commercial, Corporate, Bankruptcy & Business

NGC’s corporate litigation work has included issues of breach of fiduciary duties involving closely-held corporations and major companies, and shareholder disputes. The firm has represented clients in bankruptcy litigation involving allegations of fraudulent transfers, the validity of refinanced residential mortgages, and reclamation claims against bankrupt entities. Insurance matters such as coverage and bad faith; anti-trust allegations of price fixing, bid-rigging, or market allocation; and lender liability issues involving breach of contract, fraud, or collateral sales after a loan default all involve complex issues requiring a thorough understanding of the law and the factual realities of the business world and everyday dealings.

Sophisticated contractual disputes
Trade secret protection
Non-competition enforcement
Products liability defense
Uniform Commercial Code litigation
Bankruptcy litigation at the trial and appellate levels at both federal and state court levels
Construction litigation

Professional Malpractice

NGC represents accountants, attorneys, doctors and other medical professionals, architects, and engineers when they are accused of acting negligently or performing below the standard of care expected of their profession. Professionals are bound to self-regulated or state-imposed rules of professional and ethical conduct and held to a standard of competence reflective of advanced knowledge and training. Whether or not particular conduct is acceptable requires an in-depth examination of the standards and customary practices in the given field, often requiring the provision of expert testimony, high-grade exhibits, and persuasive speaking skills to communicate complex issues to lay juries.

Trusts, Estates & Probate

The firm’s trust and probate litigation practice includes representing heirs as well as defending trustees and executors. NGC attorneys also represent creditors with claims against trusts and estates, as well as buyers and sellers of real estate in probate proceedings to clear title. The firm’s lawyers have represented trust beneficiaries in disputes with trustees; inheritance disputes arising out of the funding of a trust; and will contests involving such complex issues as an ex-wife’s entitlement to a deceased’s 401(k) and IRA benefits where the beneficiary designation was not changed between the time of divorce and death.

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