Litigation

litFace it. We live in a litigious society. Most don’t like it; but that’s the way it is. When you find yourself in the unpleasant position of being a party in a lawsuit, whether you’re the plaintiff or defendant, you can rest easy knowing that Spengler Nathanson is on your side.

 

We are well versed in civil, business, and real estate litigation and have learned how to make the process easier and less stressful on our clients.

 

Click on any of the areas below, and we’ll go into greater detail for you. When you’re ready, give us a call and speak to one of our civil litigation, business litigation, or real estate litigation attorneys. It will make things so much simpler for you.

 

Accidents (Auto)

Spengler Nathanson represents plaintiffs in connection with liability claims arising from auto accidents. As soon as possible after medical treatment has been received, we recommend that you contact a Spengler Nathanson attorney to discuss your case. We have the knowledge and experience to protect your rights and help you maximize your recovery of compensation from responsible parties.

 

Attorneys who can assist you:

Byron S. Choka
Teresa L. Grigsby
Jennifer A. McHugh
James P. Silk Jr.

Appellate Practice

A decision in the trial court is rarely the end of the litigation process. When selecting an attorney for an appeal, it is vital to obtain counsel who will be successful at the appellate level. Spengler Nathanson attorneys successfully represent clients in all federal court appeals, including appeals cases we handled since inception and others in which counsel is sought specifically for the appeal. In the state system, our attorneys routinely prosecute and defend appeals in the Ohio Supreme Court, various Ohio intermediate appellate courts, and administrative appeals in a variety of judicial and regulatory forums.

 

In the federal system, we have defended cases seeking certiorari in the United States Supreme Court, and practiced extensively before various United States Circuit Courts, including the Sixth and D.C. Circuits. Special skills are needed for successful appellate advocacy. A fresh view of the evidence, an ability to analyze the record, and extraordinary writing and oral argument skills are essential. Our attorneys are often recognized by the courts for the quality of their brief writing. We bring these skills, plus foundational litigation and trial practice knowledge, to every case taken to the appellate level.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
John P. Hayward
Jennifer A. McHugh
J.Peter Millon
Susan B. Nelson
James P. Silk Jr.
Joan C. Szuberla

Banking Disputes

Banks can be the targets of lawsuits when businesses or individuals experience financial difficulties. Successful defense of lender liability claims require knowledge of banking practices and financing documentation. Banks also may be forced to initiate the litigaiton process through foreclosure or collection proceedings, a necessity which also makes experience in these areas critical.

 

Financial institutions are heavily regulated, creating the potential for claims by overseeing governmental bodies and members of the public. Our attorneys are familiar with the myrid of regulations which affect the banking industry and can respond to these claims effectively and efficiently.

 

Attorneys who can assist you:
Byron S. Choka
Truman A. Greenwood
Teresa L. Grigsby
J.Peter Millon

Civil Rights

Spengler Nathanson’s attorneys have been practicing in the civil rights field since the firms inception. Our lawyers are experienced in assisting public and private sector clients to become familiar with federal and state civil rights laws and in complying with these laws.

 

We are skilled in defending clients who are sued or named in administrative proceedings in connection with alleged civil rights violations including claims based upon disability, age, race, ethnic origin, and religion. In addition, Spengler Nathanson has represented numerous public entities in connection with Sections 801 and 830 civil rights claims, including a number of county and municipal law enforcement agencies.

 

Attorneys who can assist you:

Teresa L. Grigsby
Jennifer A. McHugh
Joan C. Szuberla

Commercial Collections

Recovery of business debt is a reality of any business. Spengler Nathanson attorneys can assist you in your efforts to follow federal and state collection laws. Before you undertake collection, be advised that numerous collection practices can cause serious repercussions.

 

Is your company permitted by law to call customers at an odd hour or to disclose to a third party that your customer owes you money? In many instances, the sooner you retain counsel to assist you pursuing your delinquent commercial accounts, the sooner your company will be in a position to collect the debt or make a determination that collection effort is not warranted.

 

Attorneys who can assist you:
Richard E. Wolff
Teresa L. Grigsby
James P. Silk Jr.
John P. Hayward
J.Peter Millon

Commercial Disputes

Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Spengler Nathanson attorneys provide valuable legal counsel when commercial disputes arise.

 

We have effectively represented corporations, partnerships, agencies, joint ventures and franchises in myriad disputes.

 

Attorneys who can assist you:
Byron S. Choka
Gerald R. Kowalski
Teresa L. Grigsby
James P. Silk Jr.
John P. Hayward
Jennifer A. McHugh
J.Peter Millon

Constitutional Rights

Public sector clients must be aware of the constitutional rights of their employees and members of the public. Spengler Nathanson’s lawyers assist clients in handling many types of constitutional rights claims including: First Amendment claims (religion, free speech, right to participate in union activities); due process and equal protection claims; and claims against law enforcement personnel, child protection agencies, park districts, and publicly operated nursing homes.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
James P. Silk Jr.
Jennifer A. McHugh
Joan C. Szuberla

Construction Disputes and Claims

When a construction project does not go according to plan, claims are likely. Whether the claim comes in the form of a claim notification letter or a lawsuit, Spengler Nathanson attorneys can assist your company. We have represented all parties in the construction arena, including architects, engineers, surveyors, construction managers, general contractors and subcontractors, in claims arising out of the construction of residences, commercial buildings, roadways, bridges, landfills, sanitary sewers, waterlines and public water supply systems.

 

Attorneys who can assist you:
Susan B. Nelson
Byron S. Choka
James P. Silk Jr.
John P. Hayward
Jennifer A. McHugh
J.Peter Millon

Contract Disputes

Our attorneys have considerable experience representing clients in connection with all types of contract disputes, written or verbal. If you think you have a contract and feel the other party has not lived up to his end of the deal, call us and we will help you to determine whether a contract exists and whether or not it is capable of enforcement.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
Joan C. Szuberla
Thomas A. Lupica
James P. Silk Jr.
Pariss M. Coleman, II
J.Peter Millon
Truman A. Greenwood

Discrimination (Administrative Charges)

Spengler Nathanson’s lawyers represent employers in administrative proceedings brought by the Equal Employment Opportunity Commission (EEOC), Ohio Civil Rights Commission (OCRC), the Office for Civil Rights (OCR) and other administrative bodies — which involve the employers’ compliance with a broad variety of civil rights statutes.

 

Attorneys who can assist you:

Teresa L. Grigsby
Jennifer A. McHugh
Joan C. Szuberla

Employment Claims

In addition to representing employers in unemployment and workers’ compensation claims, we advise employers on compliance with local, state and federal laws affecting employment, including the American with Disabilities Act, Title VII, Ohio’s civil rights law, the Family and Medical Leave Act, and applicable wage and hour laws.

 

We also advise employers on terminations and represent employers against claims brought by terminated employees. We have had extensive experience defending claims for promissory estoppel, breach of employment contract, retaliation and other post-termination claims.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
Jennifer A. McHugh
James P. Silk Jr.
Joan C. Szuberla
Cheryl F. Wolff

Foreclosures

The firm regularly represents banks and other creditors in both consumer and commercial foreclosures. Services provided include all steps of the process from work-outs to sheriff’s sales. Local rules on foreclosures have recently changed and Spengler Nathansons attorney can help its clients navigate in the changing foreclosure climate.

 

Attorneys who can assist you:

John P. Hayward
J.Peter Millon

Governmental Liability

Governmental entities in Ohio are subject to a number of statutory requirements not applicable in the private sector – – such as the Public Records Act, the Sunshine Law, the Ohio Student Records Act. And, when sued, counties, townships, municipalities, and school districts and their employees have a number of defenses not available to private litigants. Spengler Nathanson lawyers have long represented governmental entities and public employees, and we are familiar with applicable requirements and defenses.

 

Attorneys who can assist you:
Byron S. Choka
Joan C. Szuberla
Teresa L. Grigsby
James P. Silk Jr.
John P. Hayward
Truman A. Greenwood

Insurance Coverage Disputes

The interpretation of an insurance policy often means the difference between coverage or no coverage. Our lawyers have effectively represented clients in insurance coverage litigation. From motion practice to trial, our clients are well represented.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
John P. Hayward
Jennifer A. McHugh
Susan B. Nelson
James P. Silk Jr.

Insurance Defense

What does it mean when you are told by your Spengler Nathanson attorney that he/she is an insurance defense attorney? Simply put, many Spengler Nathanson litigators have been personally selected by insurance companies to serve as panel defense counsel.

 

When you notify your insurance agent of a potential claim, your agent contacts the carrier and the carrier retains panel counsel, that is, the attorneys who are under agreement with the carrier to defend the companies and individuals insured by that carrier.

 

Spengler Nathanson attorneys have defended insureds for over 40 years as panel counsel for such insurance companies as St Paul Insurance, Travelers Insurance, CNA Insurance and HAS. Counsel, the insured and the claims handler work together to bring the claim to a desirable outcome.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
John P. Hayward
Jennifer A. McHugh
Susan B. Nelson
James P. Silk Jr.

Intentional Tort Claims

A tort is a civil injury, as crossword puzzle lovers know. But do you know what an intentional tort claim is? It is a particular classification of a civil tort arising out of a workplace injury. When one of your employees is injured as part of his/her employment, that employee, in addition to workers’ compensation, may have recourse against your company for a workplace intentional tort.

 

Over the years, the General Assembly and the courts have struggled with the elements of a workplace intentional tort. Our thirty-plus years of defending employers against these claims uniquely qualifies Spengler Nathanson attorneys to provide you the representation needed in this type of litigation.

 

Attorneys who can assist you:
Teresa L. Grigsby
John P. Hayward
Jennifer A. McHugh
Susan B. Nelson
James P. Silk Jr.

Mediation/Arbitration

When you read the fine print on the reverse side of your contract, purchase order or invoice, you will likely note that there is a clause for mediation or arbitration. Mediation and arbitration fall within the category of Alternative Dispute Resolution or ADR. ADR is a useful tool in the arsenal available to your company in defending a claim.

 

Spengler Nathanson attorneys have mediated innumerable disputes before court-appointed mediators and mediators selected and retained by the parties to a dispute. Mediation can often result in a resolution of a claim and Spengler Nathanson attorneys are experienced in all phases of the mediation and arbitration process.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
Gerald R. Kowalski
Jennifer A. McHugh
J.Peter Millon
Susan B. Nelson
James P. Silk Jr.
Joan C. Szuberla

Nursing Home Claims

Nursing home claims are on the rise. We have all read the articles discussing how the baby boom generation is impacting all facets of society, including the medical arena. As panel counsel for insurance companies providing coverage for claims arising in nursing homes, we can provide your company and its employees with a solid defense of such claims.

 

Our expertise in the defense of medical malpractice claims positions our attorneys well in this expanding area of the law.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
Susan B. Nelson
James C. Anderson
James P. Silk Jr.
Jennifer A. McHugh

OSHA Defense

Do you know what to do when a Compliance Officer from the Ohio Safety and Health Administration steps foot unannounced at your jobsite or workplace? We recommend contacting a Spengler Nathanson attorney.

 

Our attorneys have guided employers through what can be an arduous and frustrating event for you and your employees. Does the CO have the right to demand on-the-spot interviews of your employees? How should you respond when OSHA wants to test a piece of machinery or equipment which just injured one of your employees? Should you settle an OSHA citation at the informal conference? How does settlement impact your company should you receive a second citation for the same activity? We have the experience you need to unravel the tangle that often follows OSHAs knock on your door.

 

Attorneys who can assist you:

Susan B. Nelson
James P. Silk Jr.
Renisa A. Dorner
James R. Jeffery

Personal Injury

Injuries arising from motor vehicle accidents, slip and falls, swimming pools, and other premises liability situations are a daily occurrence. Spengler Nathanson attorneys have successfully represented the injured party and the defendant in countless personal injury cases. Our attorneys have solid expertise in federal and state courts throughout the state. We are committed to providing you the best legal representation possible.

 

Attorneys who can assist you:
Byron S. Choka
Gerald R. Kowalski
Teresa L. Grigsby
Jennifer A. McHugh
Susan B. Nelson
James P. Silk Jr.

Political Subdivisions

A large percentage of our litigation and labor practice involves advising and representing political subdivisions such as counties, townships, cities, villages, police agencies, park districts, fair boards, county nursing homes, and schools districts and in representing these clients in administrative and court proceedings. Our lawyers have expertise in the laws and regulations that apply to political subdivisions and their employees.

 

Attorneys who can assist you:
Byron S. Choka
Truman A. Greenwood
Teresa L. Grigsby
John P. Hayward
Jennifer A. McHugh
James P. Silk Jr.
Joan C. Szuberla

Premises Liability

Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. A premises owner faced with a lawsuit should notify his insurance carrier. Spengler Nathanson attorneys have successfully defended premises owners against such claims for years.

 

Attorneys who can assist you:
Byron S. Choka
Teresa L. Grigsby
John P. Hayward
Jennifer A. McHugh
Susan B. Nelson
James P. Silk Jr.
Joan C. Szuberla

Product Liability

Whenever a product is introduced in the stream of commerce, the possibility exists for an injury and then a lawsuit. Your company probably has insurance coverage for such claims. Product liability cases can be time-consuming. Spengler Nathanson attorneys have defended companies against product liability claims in state and federal courts for over 40 years and are in a position to provide you with the best possible defense while minimizing interference to your business.

 

Attorneys who can assist you:
James R. Jeffery
Susan B. Nelson
Gerald R. Kowalski
Byron S. Choka
James P. Silk Jr.
Pariss M. Coleman, II
John P. Hayward

Professional Liability

It is a reality that professionals have become target defendants. When you first become aware that your design or other work may result in a claim, you should notify your insurance agent. Your insurance company will assign an attorney to defend your company. Spengler Nathanson attorneys have served as panel counsel for many insurance companies writing professional liability policies over the years and are dedicated to providing the best possible legal representation to insureds.

 

Attorneys who can assist you:
John P. Hayward
James R. Jeffery
Susan B. Nelson
James P. Silk Jr.

Public Employee Liability

Public employers and their employees are subject to liability for a broad array of claims that private employers and employees do not face. Spengler Nathanson’s lawyers have expertise in these areas of the law.

 

Attorneys who can assist you:
Teresa L. Grigsby
Byron S. Choka
Jennifer A. McHugh
James P. Silk Jr.
Joan C. Szuberla

Public Sector and Public Employee Defense

Public employers and their employees are subject to liability for a broad array of claims that private employers and employees don’t face. Spengler Nathanson’s lawyers have expertise in these areas of the law.

 

Attorneys who can assist you:
Byron S. Choka
Truman A. Greenwood
Teresa L. Grigsby
John P. Hayward
Gary McBride
Jennifer A. McHugh
James P. Silk Jr.
Joan C. Szuberla

Unemployment Compensation Claims

One of your employees has filed for unemployment compensation. You will want to consult with a Spengler Nathanson attorney. We can guide you through the State of Ohio’s Unemployment Compensation program.

 

Attorneys who can assist you:

John P. Hayward
Cheryl F. Wolff
Renisa A. Dorner
David M. Smigelski

Will Contests

A will contest is a court proceeding in which a court is called upon to determine the validity of a will. Understanding what’s involved in bringing a will contest requires a general understanding of wills, estates and the probate process. Spengler Nathanson attorneys can help you understand the process and what can be expected in bringing a will contest.

 

Attorneys who can assist you:
Byron S. Choka
Gerald R. Kowalski
Teresa L. Grigsby
Jennifer A. McHugh
Nicolas A. Linares
Larry G. Calcamuggio
Joan C. Szuberla

Workers Compensation Claims

Spengler Nathanson has an active workers compensation practice, representing employers in administrative hearings before the Industrial Commission and on appeals in court.

 

We represent public and private employers, including school systems and counsel employers on the advisability of contesting claims and on ways to resolve problem claims. In addition, we have extensive experience in defending complaints for employment intentional torts.

 

Attorneys who can assist you:

J. Peter Millon
Renisa A. Dorner

 

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Toledo, Ohio 43604-2622