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John Patrick Maxwell

John Maxwell’s Legal Cases

11 total


  • Weaver v. Edwin Shaw Hosp., 104 Ohio St.3d 390, 819 N.E.2d 1079 (2004)

    Practice Area:
    Litigation
    Date:
    Dec 15, 2004
    Outcome:
    Unanimous Decision.
    Description:
    Patient's parents brought action against hospitals for their alleged negligence in failing to properly restrain patient in his wheelchair, causing him to fall and injure his mouth, head and face. The Court of Common Pleas, Tuscarawas County, Ohio, granted summary judgment in favor of hospitals. Parents appealed. The Court of Appeals reversed, and hspitals appealed to the Supreme Court. Holding: The Supreme Court, O'Donnell, J., held that appointment of legal guardian for person having disability of minority or unsound mind, within meaning of savings clause, did not remove the disability or commence the running of the statute of limitations, abrogating McManus v. Belcher, 1995 WL 12145.
  • Dover Phila Heating & Cooling, Inc. v. SJS Restaurants, Ltd., 185 Ohio App.3d 107, 923 N.E.2d 220 (2009)

    Practice Area:
    Litigation
    Date:
    Nov 20, 2009
    Outcome:
    Appeal won
    Description:
    Established that members and managers of a “limited liability company,” or “LLC,” are not personally liable for a debt, obligation, or liability of the company solely by reason of being members or managers.
  • Lautenschleger v. Monarch Mgt., Inc., 2004 WL 1948701

    Practice Area:
    Litigation
    Date:
    Sep 02, 2004
    Outcome:
    Obtained reversal for client.
    Description:
    Represented 50% shareholder of a 2-sharehold corporation, seeking to have the corporation dissolved. The Court of Appeals sided with client, and reversed the trial court, finding that the corporation was hopelessly deadlocked, and therefore must be dissolved.
  • Beverage Distributors, Inc. v. Miller Brewing Co., 2010 WL 1727640 (S.D. Ohio)

    Practice Area:
    Litigation
    Date:
    Apr 28, 2010
    Outcome:
    Sumary Judgment in Client's Favor
    Description:
    U.S. District Court agreed with clients' position that opponent had inappropriately redacted thousands of documents in discovery on the basis of relevancy objections.
  • Beverage Distributors, Inc. v. Miller Brewing Co., 803 F.Supp.2d 765

    Practice Area:
    Litigation
    Date:
    Mar 22, 2011
    Outcome:
    Summary Judgment
    Description:
    Wholesale beer distributors brought action against two beer manufacturers alleging that termination of their distributorships following manufacturers' formation of joint venture was wrongful, under Ohio law, and sought injunction preventing termination of distributorships. Both parties moved for summary judgment. The District Court, Michael H. Watson, J., held that under Ohio law, joint venture was not a successor manufacturer so as to allow termination, without just cause or consent, of existing beer distributorships.
  • Hutchison v. Lehigh, 2005 WL 3113481 (Ohio App. 5 Dist.)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2005
    Outcome:
    Dismissal
    Description:
    Obtained judgment and immunity for an official court reporter for claims by a prisoner who alleged misconduct in preparing court transcripts.
  • Mid Ohio Securities v. Wolfe, 2003 WL 22439840 (Ohio App. 9 Dist.)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2003
    Outcome:
    Reversal and judgment.
    Description:
    Obtained reversal in Court of Appeals of a trial court order granting relief from a default judgment ordering bank's mortgages be foreclosed.
  • McGarry v. Franklin Life Ins. Co., Inc., 2000 WL 697448 (Ohio App. 9 Dist.)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2000
    Outcome:
    Affirmed on Appeal
    Description:
    Opponents appealed the decision of the Summit County Court of Common Pleas denying their motion to compel arbitration and to stay or dismiss the appellee's complaint. The Court of Appeals affirmed in client's favor.
  • Gilmer-Glenville Ltd. Partnership v. Farmers Home Admin., 102 F.Supp.2d 791 (N.D.Ohio 2000)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2000
    Outcome:
    Judgment for client
    Description:
    Client, the owner of subsidized housing complex brought action to set aside various actions of Farmers Home Administration's (FmHA). The District Court, Gwin, J., held that: (1) owner could not be unilaterally required to place reserve account funds in supervised bank account; and (2) denial of rent increase was not warranted.
  • Horsfall v. Woodard, 2005 WL 3113478 (Ohio App. Dist. 5)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2005
    Outcome:
    Judgment Reversed in Client's Favor
    Description:
    Client filed a legal malpractice and negligent misrepresentation claim against attorney, and attorney filed a motion to dismiss that claimed the statute of limitations had expired. The Court of Common Pleas, Tuscarawas County, No. 2004CM080455, granted the motion, but the Court of Appeals reversed and remanded on appeal.