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John Michael Drain Jr.
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Pro

John Drain’s Legal Cases

12 total


  • Canty v. Coast Guard

    Practice Area:
    Discrimination
    Date:
    Jun 10, 1985
    Outcome:
    Judgment for Plaintiff
    Description:
    Plaintiff was a merchant seaman who had his seaman's card taken away because he failed to take his epilepsy medication and had a seizure. We proved that the Coast Guard regulation requiring him to be seizure free for one year, when other seaman with medical disabilities were not so burdened, was unreasonable and discriminatory, so the court ordered the restoration of his seaman's card.
  • Higgins v. Stumpf dba

    Practice Area:
    Slip and Fall Accident
    Date:
    Jan 19, 1989
    Outcome:
    Settled for $289,000
    Description:
    Plaintiff was a customer in a restaurant who slipped and fell on ceramic tile as he was exiting the restaurant. The tile was wet at the time. Plaintiff suffered extensive brain injury as a result of the fall.
  • Garrett v. Cleveland

    Practice Area:
    State, Local And Municipal Law
    Date:
    Apr 21, 2005
    Outcome:
    Trial court judgment reversed and remanded
    Description:
    Plaintiff sued City of Cleveland because the city demolished a house he was rehabbing without engaging in the proper procedures to demolish same. The property was condemned two years before Plaintiff purchased it, but Plaintiff spent $35,000 to fix it up. City building inspectors went to the site and knew that the property had been substantially repaired. The trial court entered summary judgment in favor of the city. On appeal, the appellate court held that genuine issues of material fact existed and returned the case to the trial court.
  • Cleveland Bar Assn. v. Gay

    Practice Area:
    Ethics & Professional Responsibility
    Date:
    Feb 27, 2002
    Outcome:
    Petitioner reinstated to practice of law
    Description:
    Petitioner had been suspended from practice of law in 1994. He sought reinstatement of his license. In the interim a former client had obtained a $50,000 default judgment for malpractice against the petitioner. On the day of the reinstatement hearing petitioner filed a bankruptcy petition to wipe out the judgment. The Ohio Supreme Court ordered that petitioner could be reinstated to the practice of law.
  • Leistiko v. Stone, Secretary of the Army

    Practice Area:
    Employment & Labor
    Date:
    Jan 23, 1998
    Outcome:
    Summary judgment affirmed
    Description:
    Plaintiff was a federal employee working as a technician in the Ohio National Guard. After an incident in a plane in which plaintiff suffered a period of hypoxia, his flight status was taken away, but he remained a rated aviator. Plaintiff sued, alleging that he was deprived of property, to wit, his employment, without due process of law. The Sixth Circuit Court of Appeals held that the National Guard Technicians Act was trumped by the Civil Service Reform Act of 1978 in this case so as to deprive plaintiff of a right to judicial review because his job was military in nature.
  • Weeden v. Auto Workers Credit Union

    Practice Area:
    Debt & Lending Agreements
    Date:
    Feb 05, 2002
    Outcome:
    Fee award of $15,064.95 as prevailing party
    Description:
    Plaintiffs sued their credit union for failure to rescind their mortgage after giving credit union notice of rescission. First Sixth Circuit Court of Appeals decision (173 F.3d 857) held that jury instruction that vitiated plaintiffs' right of rescission merely because plaintiffs were aware of it, even though credit union was not in compliance with TIL, was prejudicial error. Second Sixth Circuit Court of Appeals decision (29 Fed. Appx. 272, 2002 WL 193924) referred to award of attorney fees to Drain as attorney for prevailing party in first decision.
  • Cleveland Bar Assn v. Duane Cox

    Practice Area:
    Ethics & Professional Responsibility
    Date:
    Apr 09, 2003
    Outcome:
    Public reprimand for attorney-respondent
    Description:
    Attorney received public reprimand for failing to notify his client of dismissal of civil case and also denying to grievance committee that he knew attorney to whom he had referred the case.
  • Drain v. Friedman

    Practice Area:
    Civil Rights
    Date:
    Jul 16, 1976
    Outcome:
    Verdict for defendant
    Description:
    Plaintiff brought suit under 42 USC 1982 alleging racial discrimination against a landlord who refused to rent tavern premises to a black man. In trial to the court, court held that motivations of landlord in not renting to black tenant were not discriminatory.
  • Cleveland Bar v. Rollins

    Practice Area:
    Ethics & Professional Responsibility
    Date:
    Jan 27, 1999
    Outcome:
    One year suspension from law practice
    Description:
    Attorney received one year suspension instead of indefinite suspension on nine-count complaint for neglect of legal matters and failure to cooperate with investigation where clients sustained little damage from his actions.
  • Solon v. Mallion

    Practice Area:
    Criminal Defense
    Date:
    Jun 27, 1983
    Outcome:
    Judgment affirmed by Court of Appeals.
    Description:
    Defendant filed Motion to Suppress pursuant to Crim.R. 12(E). Trial court denied motion. Court of Appeals affirmed, holding that motion must give trial court sufficient facts to warrant a hearing on motion to suppress and not every Motion to Suppress requires a hearing.