Attorney Michael R Moran's Legal Cases

Administrative law

In Re: Application of John Doe

Feb 24, 2016

OUTCOME: Sheriff granted the appeal and voluntarily issued client concealed handgun license within three days of reviewing my Notice of Appeal.

Applicant/client John Doe was denied a license by the Clark County Sheriff due to a sealed domestic violence conviction. Instead of filing a costly, lengthly and public court appeal, I wrote a "chall ... enge and review" expedited statutory appeal, which kept the matter confidential internal to the Sheriff's Office. In the brief, I educated the Sheriff's Office about a recent law change concerning sealed records that the Sheriff didn't know about, citing both the legislation and the Attorney General's guidance on the new law. I also advocated to the Sheriff's in-house counsel in support of the appeal and explained the law to him. He reviewed the situation with the Prosecutor's Office and the Sheriff immediately ruled in my client's favor.

Criminal defense

State of Ohio v. John Dunn

Feb 11, 2015

OUTCOME: Client acquitted at bench trial based on my motion at close of State's case.

Defended a hotel desk clerk who was a lawfully armed citizen/concealed handgun licensee from criminal unlicensed security guard misdemeanor charge filed by Ohio Department of Public Safety. By design ... ing an overall case plan, executing it with pre-trial motion practice and diligent fact investigation, plus a deliberate trial strategy, I set the table for the outcome.

Mediation

Estate of Smith

Sep 14, 2011

OUTCOME: Mediated the case to settlement approved by the court.

Mediated a complex series of lawsuits in Probate Court, including an estate administration, a trust dispute including breach of fiduciary duty claims and a declaratory judgment action involving assets ... worth $10 million related to closely held family businesses. As mediator, I conducted three marathon mediation sessions held over 33 hours on three separate days, resulting in the parties signing a mediated agreement.

Administrative law

John Doe v. Gerald T. McFaul, Sheriff

Sep 28, 2009

OUTCOME: Agreed Judgment for Licensee - Court ordered client's license to be renewed.

Represented a concealed handgun licensee who was wrongfully denied license renewal based on misdemeanor municipal drug-related convictions. I provided the prosecutor and Court the applicable law and p ... ersuaded the State of Ohio to do the right thing. At the Court's request, I drafted a comprehensive judgment entry which the state and Court approved, resolving the matter of the client's gun rights favorably.

Administrative law

Ohio State Attorney General v. Bulgartabac Holding Group

Mar 31, 2009

OUTCOME: Magistrate's decision dismissing all claims against client / defendant approved by Judge - no appeal taken by the State of Ohio.

Lead trial counsel for defendant foreign tobacco company in multi-million dollar civil and quasi-criminal enforcement action brought by the State of Ohio. This case involved complex aspects of state, ... federal and international law concerning enforcement of the tobacco master settlement agreement with all 50 states. This was a major case initiative of the National Association of Attorneys General, who collaborated with the Plaintiff in prosecuting the case. After a vigorous defense and several years of litigation and appeals on procedural matters in state and federal courts, the case was remanded and proceeded to a week long bench trial in Franklin County Common Pleas Court. With co-counsel, planned and executed an unconventional trial strategy, and commanded the facts exonerating our client. Of the 50 enforcement actions filed by the State, this was the only one which proceeded to trial on the merits in a court. All other defendant tobacco companies either settled with the State or had default judgments taken against them. The vast majority of those defendants had major law firms representing them.

Constitutional

District of Columbia v. Dick Anthony Heller

Jun 26, 2008

OUTCOME: Judgment for Respondent - the Second Amendment does protect an individual right.

Counsel for an amicus curiae (friend of the court) in the landmark U.S. Supreme Court case that recognized the Second Amendment as a fundamental, individual right. Our clients who were included on the ... brief were the National Council of Investigation and Security Services, the Buckeye Firearms Foundation, and the related security industry associations from Michigan, Indiana, Ohio, and Kentucky. We collaborated with a national network of gun rights scholars and groups to produce a significant brief which demonstrated the importance of gun rights for citizens and private security personnel.

Criminal defense

People of the State of California v. Vincent E. Brothers

May 15, 2007

OUTCOME: In a related court case, we obtained key alibi witness testimony for client, but he was convicted by jury in underlying case of five counts of first-degree murder.

Appointed by the Kern County, California, Superior Court as Defendant's local counsel in Ohio to obtain the testimony of 16 alibi witnesses from Columbus in the most high profile death penalty case in ... many years of that region in California. We filed a civil action in Ohio and successfully obtained court orders after litigating contested hearings in the Franklin County Common Pleas Court enforcing the California trial subpoenas. Defendant was accused of a quintuple homicide and convicted after a five-months long jury trial. Defendant is on death row at San Quintin State Prison.

Wrongful death

Claim of Estate of RMM

Aug 15, 2006

OUTCOME: Seven figure settlement for family.

Privileged to be asked to represent the estate of a coal miner with a widow and four surviving children, who was killed in a commercial trucking collision while he was at work in Eastern Ohio coal cou ... ntry. Acted quickly to preserve evidence and I personally conducted intensive on-site fact investigation within days of the tragedy, established positive relations with the family, hired co-counsel, and retained experts. We were able to secure sufficient evidence to obtain settlement within one year of his death without filing any lawsuit, despite another surviving claimant vying for the same multi-million dollar insurance coverage. With co-counsel, we established positive relations with the major claims adjuster and the other claimant's counsel and negotiated equitable apportionment of available insurance with the other surviving claimant in order to obtain the policy limits from the tortfeasor's insurance carrier. Finally, we obtained a subrogation release from the worker's compensation bureau on terms very favorable to the family. By not filing suit, we saved the family significant money in both legal fees, plus court costs and litigation expenses.

Constitutional

Klein et al. v. Leis, Sheriff, et al.

Sep 24, 2003

OUTCOME: Legislature changed law the following year and created concealed handgun licensing.

Counsel for a friend of the court (Ohio Association of Security & Investigation Services) advocating individual gun rights in a case which started in Hamilton County Common Pleas Court, then went to th ... e 1st District Court of Appeals and ended up in the Ohio Supreme Court. The Plaintiffs' case challenged the Constitutionality of Ohio's concealed weapons statutes. The Supreme Court ruled (5-2) in favor of government and overturned the Court of Appeals, which had found the statute unconstitutional. Of the 11 judges who reviewed this case, six thought the law unconstitutional. The Ohio General Assembly noted the Court's decision and overruled it by statute by enacting a Concealed Handgun License program the following year. Prior to this law, ordinary citizens, including security personnel, had no method to carry handguns for self-protection without risking arrest. Thus, we lost lost the legal battle, but won the war long term.

Administrative law

In Re Application of Kantor

Jun 18, 1997

OUTCOME: Client bar association's recommendation upheld - application of law student rejected.

Application by law student for admission to practice law was recommended to be denied on character and fitness grounds by local bar admissions committee. I represented the Columbus Bar Association and ... prosecuted the denial in a contested hearing before the Supreme Court of Ohio's Board of Commissioners on Character and Fitness. The hearing panel and Board denied the application and the Court adopted the Board's report and recommendation.

Michael R Moran's Legal Cases (11)

In Re: Application of John Doe

State of Ohio v. John Dunn

Estate of Smith

John Doe v. Gerald T. McFaul, Sheriff

Ohio State Attorney General v. Bulgartabac Holding Group

District of Columbia v. Dick Anthony Heller

People of the State of California v. Vincent E. Brothers

Claim of Estate of RMM

Klein et al. v. Leis, Sheriff, et al.

In Re Application of Kantor