Attorney John Michael Drain Jr.'s Legal Cases

State, local, and municipal law

Garrett v. Cleveland

Apr 21, 2005

OUTCOME: Trial court judgment reversed and remanded

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.

Ethics and professional responsibility

Cleveland Bar Assn v. Duane Cox

Apr 09, 2003

OUTCOME: Public reprimand for attorney-respondent

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.

Ethics and professional responsibility

Cleveland Bar Assn. v. Duane Cox

Apr 09, 2003

OUTCOME: Public Reprimand

Attorney received public reprimand instead of actual suspension for lying to an investigatory panel (see DR1-102(a)(4)) and failing to notify client of dismissal in light of entire record and minimal a ... mount of harm to client.

Ethics and professional responsibility

Cleveland Bar Assn. v. Gay

Feb 27, 2002

OUTCOME: Petitioner reinstated to practice of law

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.

Debt and lending agreements

Weeden v. Auto Workers Credit Union

Feb 05, 2002

OUTCOME: Fee award of $15,064.95 as prevailing party

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 ins ... truction 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.

Appeals

Coe v. Young

Aug 27, 2001

OUTCOME: reversed and remanded

Court of Appeals held that trial court committed abuse of discretion in keeping out expert opinion that serum B.A.C. level was too high by a ratio testified to by the expert. Basis of trial court's ex ... clusion was that expert was not asked whether he held his opinion to a reasonable degree of scientific certainty. Appeals court held question not necessary where expert's testimony satisfied reliability requirements of Evid.R. 702(C).

Ethics and professional responsibility

Cleveland Bar v. Rollins

Jan 27, 1999

OUTCOME: One year suspension from law practice

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 da ... mage from his actions.

Employment and labor

Leistiko v. Stone, Secretary of the Army

Jan 23, 1998

OUTCOME: Summary judgment affirmed

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.

Slip and fall accident

Higgins v. Stumpf dba

Jan 19, 1989

OUTCOME: Settled for $289,000

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.

Discrimination

Canty v. Coast Guard

Jun 10, 1985

OUTCOME: Judgment for Plaintiff

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.

John Michael Drain Jr.'s Legal Cases (12)

Garrett v. Cleveland

Cleveland Bar Assn v. Duane Cox

Cleveland Bar Assn. v. Duane Cox

Cleveland Bar Assn. v. Gay

Weeden v. Auto Workers Credit Union

Coe v. Young

Cleveland Bar v. Rollins

Leistiko v. Stone, Secretary of the Army

Higgins v. Stumpf dba

Canty v. Coast Guard