Attorney John Patrick Maxwell's Legal Cases

Litigation

Beverage Distributors, Inc. v. Miller Brewing Co., 803 F.Supp.2d 765

Mar 22, 2011

OUTCOME: Summary Judgment

Wholesale beer distributors brought action against two beer manufacturers alleging that termination of their distributorships following manufacturers' formation of joint venture was wrongful, under Ohi ... o 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.

Litigation

Beverage Distributors, Inc. v. Miller Brewing Co., 2010 WL 1727640 (S.D. Ohio)

Apr 28, 2010

OUTCOME: Sumary Judgment in Client's Favor

U.S. District Court agreed with clients' position that opponent had inappropriately redacted thousands of documents in discovery on the basis of relevancy objections.

Litigation

Dover Phila Heating & Cooling, Inc. v. SJS Restaurants, Ltd., 185 Ohio App.3d 107, 923 N.E.2d 220 (2009)

Nov 20, 2009

OUTCOME: Appeal won

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 mana ... gers.

Litigation

Hutchison v. Lehigh, 2005 WL 3113481 (Ohio App. 5 Dist.)

Jan 01, 2005

OUTCOME: Dismissal

Obtained judgment and immunity for an official court reporter for claims by a prisoner who alleged misconduct in preparing court transcripts.

Litigation

Horsfall v. Woodard, 2005 WL 3113478 (Ohio App. Dist. 5)

Jan 01, 2005

OUTCOME: Judgment Reversed in Client's Favor

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.

Litigation

Ohio Fish Industries LLC v. Martin, 2005 WL 469265 (Ohio App. Dist. 5)

Jan 01, 2005

OUTCOME: Judgment Affirmed

After settlement of a dispute between prospective purchasers and Client, the vendors, over a land purchase, purchasers filed motion to enforce settlement. The Court of Common Pleas, Tuscarawas County, ... denied motion, and the Purchasers appealed. Holdings: The Court of Appeals, Farmer, J., held that: (1) letter to trial court did not invoke trial court's jurisdiction, and (2) settlement agreement was clear and unambiguous.

Litigation

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

Dec 15, 2004

OUTCOME: Unanimous Decision.

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 C ... ourt 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.

Litigation

Lautenschleger v. Monarch Mgt., Inc., 2004 WL 1948701

Sep 02, 2004

OUTCOME: Obtained reversal for client.

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.

Litigation

Mid Ohio Securities v. Wolfe, 2003 WL 22439840 (Ohio App. 9 Dist.)

Jan 01, 2003

OUTCOME: Reversal and judgment.

Obtained reversal in Court of Appeals of a trial court order granting relief from a default judgment ordering bank's mortgages be foreclosed.

Litigation

McGarry v. Franklin Life Ins. Co., Inc., 2000 WL 697448 (Ohio App. 9 Dist.)

Jan 01, 2000

OUTCOME: Affirmed on Appeal

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 c ... lient's favor.

John Patrick Maxwell's Legal Cases (11)

Beverage Distributors, Inc. v. Miller Brewing Co., 803 F.Supp.2d 765

Beverage Distributors, Inc. v. Miller Brewing Co., 2010 WL 1727640 (S.D. Ohio)

Dover Phila Heating & Cooling, Inc. v. SJS Restaurants, Ltd., 185 Ohio App.3d 107, 923 N.E.2d 220 (2009)

Hutchison v. Lehigh, 2005 WL 3113481 (Ohio App. 5 Dist.)

Horsfall v. Woodard, 2005 WL 3113478 (Ohio App. Dist. 5)

Ohio Fish Industries LLC v. Martin, 2005 WL 469265 (Ohio App. Dist. 5)

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

Lautenschleger v. Monarch Mgt., Inc., 2004 WL 1948701

Mid Ohio Securities v. Wolfe, 2003 WL 22439840 (Ohio App. 9 Dist.)

McGarry v. Franklin Life Ins. Co., Inc., 2000 WL 697448 (Ohio App. 9 Dist.)