Attorney Brian John Smith's Legal Cases

Criminal defense

In re TW, 2018-Ohio-3275 (8th Dist.)

Aug 16, 2018

OUTCOME: Conviction Vacated

An adolescent child was convicted of kidnapping, rape and gross sexual imposition when he was caught in a dispute between his parents who were separating. The Eighth District Court of Appeals agreed t ... hat the trial court impermissibly permitted the introduction of hearsay testimony with no independent proof to support the hearsay. Testimony of behaviors observed of the child was erroneously relied upon because the State failed to present an expert witness to explain any relation of the behaviors to the allegations. The State also failed to show any evidence of force that was required for the convictions. It could not rely on an implied force because it presented no evidence that T.W. was in a position of authority over the child. With the trial court's decision reversed and vacated, T.W.'s innocence was protected.

Employment and labor

Daniel Morales v. Homan Transport, et al.

Jul 18, 2013

OUTCOME: Employee Prevailed, Entitled to New Hearing

Huron County Common Pleas Court granted appeal of denial of unemployment benefits to employee for purported inability to work, because the Unemployment Compensation Review Commission made finding of in ... ability solely based on application for disability benefits, without developing the record sufficiently with respect to the purported inability to work.

Employment and labor

Royal Ice Cream Company, et al v. Teamsters Local No. 336

Nov 26, 2012

OUTCOME: Prevailed - Arbitration Upheld

Sixth Circuit Court of Appeals upheld Arbitrator's Decision, which found Company lacked just cause to terminate two union employees who were on leave for work-related injuries.

Employment and labor

ATU Local 268 v. Greater Cleveland Regional Transit Authority

Oct 24, 2012

OUTCOME: Employer Found in Contempt

Employer found in contempt of court, and in violation of Arbitration Award, for failing to comply with order to cease using non-union employees to complete union work.

Employment and labor

Royal Ice Cream Co. v. Teamsters Local 336

Feb 13, 2012

OUTCOME: Prevailed and upheld arbitration decision

Prevailed in an Ohio Northern District Court case against the Royal Ice Cream Company's attempt to vacate a arbitration award that held that the Company lacked just cause to terminate two Teamsters Loc ... al Union No. 336 employees who were absent from work due to receiving injuries while working for the Company.

Employee benefits

Carl Steadman v. Building Material Drivers Local 436 Pension Fund Plan, et al.,

Jun 28, 2006

OUTCOME: Prevailed on Summary Judgement

Pension Fund granted summary judgement against plaintiff who made claim that he was not provided plan documents of the Fund, because plaintiff did not demonstrate any prejudice suffered from any delay ... in providing the plan documents.

Employment and labor

Charles Burneson v. Thistledown et al.

May 30, 2006

OUTCOME: Previaled - Claim Against Union Dismissed

Northern District of Ohio dismissed Breach of the Duty of Fair Representation claim by union member, due to his failure to exhaust administrative remedies before bringing suit.

Brian John Smith's Legal Cases (7)

In re TW, 2018-Ohio-3275 (8th Dist.)

Daniel Morales v. Homan Transport, et al.

Royal Ice Cream Company, et al v. Teamsters Local No. 336

ATU Local 268 v. Greater Cleveland Regional Transit Authority

Royal Ice Cream Co. v. Teamsters Local 336

Carl Steadman v. Building Material Drivers Local 436 Pension Fund Plan, et al.,

Charles Burneson v. Thistledown et al.