Attorney John David Latchney's Legal Cases

Civil rights

Domingo v Kowalski, 810 F.3d 403 (6th Cir. 2016)

Jan 07, 2016

OUTCOME: Decision in favor of Defendants affirmed by U.S. Sixth Circuit Court of Appeals on appeal.

Parents of four nonverbal autistic students sued Educational Service Center, administrators, and a special education teacher alleging violation of constitutional rights and child abuse. District Court ... granted summary judgment in favor of all Defendants. For more information: http://blogs.edweek.org/edweek/school_law/2016/01/appeals_court_rejects_suit_ove.html

Employment and labor

Lee v. Cardington, 142 Ohio St.3d 488, 2014-Ohio-5458

Dec 17, 2014

OUTCOME: Victory: Ohio Supreme Court reversed Court of Appeals decision and reinstated summary judgment in favor of employer Village

Former employee sued claiming violation of whistleblower statute and wrongful discharge in violation of public policy. Employer won on summary judgment at trial court level, that decision was reversed ... on appeal, and court of appeals decision was reversed by Ohio Supreme Court

Employment and labor

Kuivila v. City of Conneaut, 430 Fed. Appx. 402; 2011 U.S. App. LEXIS 14355 (6th Cir. 2011)

Jul 12, 2011

OUTCOME: District court decision granting summary judgment affirmed on appeal by U.S. Sixth Circuit Court of Appeals

Deputy Police Chief sued his former employers alleging breach of contract and promissory estoppel, wrongful discharge in violation of Ohio public policy, and a violation of his First Amendment rights.

Constitutional

State ex rel. Duncan v. Vg of Middlefield, 120 Ohio St.3d 313; 2008-Ohio-1891, December 4, 2008 (lead counsel for appellees)

Dec 04, 2008

OUTCOME: Summary judgment in favor of Village affirmed on direct appeal to Ohio Supreme Court

Plaintiff property owner alleged partial or temporary regulatory taking claim from construction delays allegedly caused by village.

Constitutional

Coles v. Granville, 448 F.3d 853 (6th Cir. 2006)

May 22, 2006

OUTCOME: Decision in favor of MetroParks affirmed on appeal in U.S. Sixth Circuit Court of Appeals (superseded/overruled Kruse v. Chagrin Falls)

Property owner sued metroparks over alleged taking of former railroad corridor for recreational trail. District court dismissed case based upon failure to exhaust state administrative remedies and fo ... r lack of ripeness

Discrimination

McDermott v. City of N. Olmsted, 178 Fed.Appx. 515; 2006 U.S. App. LEXIS 10929 (6th Cir. 2006)

Apr 27, 2006

OUTCOME: Enforcement of settlement affirmed on appeal by U.S. Sixth Circuit Court of Appeals

Age discrimination plaintiff-employee sought to set aside enforcement of mediated settlement of ADEA claims, concluding that plaintiff employee had reasonable period of time to consider the settlement ... even though he was forced to sign at the mediation session itself, by virtue of the parties' prior six-weeks of negotiations, involving three revised versions of the written agreement (the last of which had been first presented to plaintiff for consideration 12 days before mediation).

Discrimination

Anderson v. Ravenna Twp. Fire Dep't, 159 Fed. Appx. 619; 2005 U.S. App. LEXIS 23917 (6th Cir. 2005)

Nov 03, 2005

OUTCOME: District court decision granting summary judgment affirmed on appeal by U.S. Sixth Circuit Court of Appeals

Firefighter sued claiming First Amendment retaliation, age discrimination, retaliation, wrongful discharge in violation of public policy, and age harassment by fellow younger firefighters.

Constitutional

Walsh v. Cuyahoga County Bd. of Health, 424 F.3d 510 (6th Cir. 2005)

Sep 21, 2005

OUTCOME: Adverse decision reversed on appeal by U.S. Sixth Circuit Court of Appeals in favor of management employee, who was afforded qualified immunity

The main question presented is whether the plaintiff was deprived of her civil service job without due process of law and whether management employee who terminated her was entitled to qualified immun ... ity.

Constitutional

Naples v. Lowellville Police Dep't, 125 Fed. Appx. 636; 2005 U.S. App. LEXIS 3852 (6th Cir. 2005)

Mar 07, 2005

OUTCOME: District court decision granting summary judgment affirmed on appeal by U.S. Sixth Circuit Court of Appeals

Terminated part-time village police officer sued claiming First Amendment retaliation and “name clearing hearing.”

Constitutional

D'Amico v. City of Strongsville, 59 Fed. Appx. 675; 2003 U.S. App. LEXIS 3440(6th Cir. 2003)

Feb 24, 2003

OUTCOME: District court decision granting summary judgment affirmed on appeal by U.S. Sixth Circuit Court of Appeals

Firefighter passed over by mayor for promotions sued claiming procedural and substantive due process violations.

John David Latchney's Legal Cases (14)

Domingo v Kowalski, 810 F.3d 403 (6th Cir. 2016)

Lee v. Cardington, 142 Ohio St.3d 488, 2014-Ohio-5458

Kuivila v. City of Conneaut, 430 Fed. Appx. 402; 2011 U.S. App. LEXIS 14355 (6th Cir. 2011)

State ex rel. Duncan v. Vg of Middlefield, 120 Ohio St.3d 313; 2008-Ohio-1891, December 4, 2008 (lead counsel for appellees)

Coles v. Granville, 448 F.3d 853 (6th Cir. 2006)

McDermott v. City of N. Olmsted, 178 Fed.Appx. 515; 2006 U.S. App. LEXIS 10929 (6th Cir. 2006)

Anderson v. Ravenna Twp. Fire Dep't, 159 Fed. Appx. 619; 2005 U.S. App. LEXIS 23917 (6th Cir. 2005)

Walsh v. Cuyahoga County Bd. of Health, 424 F.3d 510 (6th Cir. 2005)

Naples v. Lowellville Police Dep't, 125 Fed. Appx. 636; 2005 U.S. App. LEXIS 3852 (6th Cir. 2005)

D'Amico v. City of Strongsville, 59 Fed. Appx. 675; 2003 U.S. App. LEXIS 3440(6th Cir. 2003)