Litigation
Appeals (Chair – Matthew T. Fitzsimmons)
NGC's attorneys regularly appear on behalf of their clients before the appellate courts throughout the state of Ohio, including the Ohio Supreme Court. Similarly, NGC attorneys appear before the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court. Whether defending a judgment or overturning an erroneous decision on appeal, NGC's attorneys have the skills and experience to zealously and effectively represent and guide their clients through the appeal process.
To locate the NGC attorney with the education and experience best suited for your legal issue, contact any one of our litigation attorneys. We will arrange for an initial consultation to assist you.
- Federal & State - See Practice Areas Outlined Below
- County Board of Revision Property Valuations
- Administrative Appeals
- Real Estate Tax Exemptions
- Zoning
Alternative Dispute Resolution (Chair – Richard G. Witkowski)
The use of mediation and/or arbitration has increasingly become the means for NGC's business clients to effectively resolve their commercial disputes. NGC's attorneys have extensive experience negotiating fair and effective Alternative Dispute Resolution provisions for their clients. When a dispute subject to an ADR provision arises, NGC attorneys have the know how to effectively and efficiently manage the process for their clients. NGC attorneys have the experience necessary to effectively assist their clients in the selection of neutral(s), the acquisition and presentation of the evidence and law, and the argument to the neutral(s). NGC's litigation attorneys regularly represent their clients in ADR proceedings in their areas of practice.
Attorney Richard G. Witkowski is a member of the Commercial Arbitration Panel of the American Arbitration Association and has specialized training and experience in regard to arbitration. Attorney Timothy L. McGarry has also previously served as an arbitrator. Contact Rich or any other attorney at the firm, and we will arrange for an initial consultation to assist you.
- Third Party Arbitration and Mediation Services
- Negotiation of Effective ADR Language in Contracts
- Representation Regarding Commercial, Contractual, Insurance, Employment, and Construction Disputes Involving Arbitration, Mediation and Other Forms of ADR
- Consultation Regarding Selection of Arbitrators and ADR Procedures
Commercial/Business Litigation (Chair - Matthew T. Fitzsimmons)
The Firm has extensive experience representing a wide array of business clients in both routine and complex commercial and business litigation. While we aggressively asserting our clients' rights, we also seek the most cost effective solutions for them. We understand business and our clients' needs. Our litigation attorneys successfully defend and prosecute the following types of claims in state and federal courts throughout the State of Ohio. Contact any of our attorneys regarding any of the following matters, and we will arrange for an initial consultation to assist you.
- Complex, Multi-party Business and Commercial Litigation
- Contract Disputes
- Real Estate Transaction Disputes (See Real Property Litigation below)
- Intentional Interference with Contract Claims
- Employment Disputes (See Employment Liability below)
- U.C.C. Claims (Secured Transactions, Sales, and Negotiable Instruments)
- Securities Law Violations
- Misappropriations of Trade Secrets and Confidential Information
- Unfair Competition
- Fraud, Misappropriations and Breaches of Fiduciary Duties
- Franchisor/Franchisee Litigation
- Shareholder/Partner Disputes
- Representation Regarding Disputes Involving Buy/Sells, Dissenters Rights, Force Outs, Uneven Distributions, or Breaches of Contract and/or Fiduciary Duty
- Contested Stock Valuations/Appraisals
- Financial Investigations and Equitable Actions for an Accounting
Construction Litigation (Chair – Timothy L. McGarry)
With years of experience representing general contractors, subcontractors, architects, and other design professionals in a variety of construction disputes, NGC's attorneys are uniquely qualified to assist clients in navigating the often difficult and confusing web of construction laws, such as the Ohio "Little Miller" Act, Ohio's Prompt Pay Act and Ohio's mechanics' lien laws. NGC's Construction Litigation Attorneys are led by Tim McGarry, who practically grew up in the construction industry. Contact Tim or any of NGC's other attorneys to discuss your construction issue.
- Mechanics' Liens
- Failure to follow plans and specifications
- Bond claims
- Professional negligence
- Breach of implied warranty of workmanlike performance
- Delay claims
- OSHA and Ohio Department of Health claims
- Prompt pay claims
Debtor/Creditor Rights (Chair John D. Sayre)
The Firm represents a wide array of clients in regard to enforcement of debtor and creditor rights. Our business and litigation attorneys work together to evaluate business options and, if necessary, successfully defend and prosecute litigation. The Firm regularly represents clients in regard to the following types of claims in state and federal courts throughout the State of Ohio. Contact any of our attorneys in regard to debtor or creditor rights issues, and we will arrange for an initial consultation.
- Enforcement and Defense of Business Debts
- Acquisition, Enforcement, and Defense of Security Interests
- Attachments and Garnishments
- Loan Documentation Reviews
- Creditor Bad Faith Claims
Domestic Relations (Chair – John D. Sayre)
The Firm regularly represents individuals seeking legal assistance with domestic litigation. The firm has represented hundreds of clients regarding the following matters. In regard to domestic relations litigation, NGC's attorneys are led by John Sayre. Feel free to contact John or any other attorney at the firm to arrange for a consultation.
- Divorces
- Separation Agreements
- Custody Disputes
- Pre-nuptial Agreements
- Post Divorce Decrees
Education Litigation (Chair – Arthur L. Clements, III)
Attorney Timothy Clements represents a wide array of clients in regard to education and charter school regulation. Tim has extensive administrative and civil litigation experience representing these client's interests. Our business and litigation attorneys are available to assist with the evaluation of the claims and their defense and prosecution. The Firm represents clients in regard to the following types of claims in administrative hearings and in state and federal courts throughout the State of Ohio. Feel free to contact Tim or any other attorney at the firm to arrange for a consultation.
- Disciplinary Actions – Public and Private Schools
- Students with Disabilities Special Need Claims
Employment Litigation (Chair – James H. Grove)
Employment litigation constitutes one of the largest case load segments of the federal courts. Recent reports also show that enhanced enforcement efforts have contributed to increases in employment discrimination claims with the EEOC. Now, more than ever, corporations and in-house counsel rely on NGC's significant experience and employment law counsel to successfully avoid and defend employment based claims. Trade secret and restrictive covenant litigation likewise comprises a substantial portion of NGC's practice.
Jim Grove heads a team of experienced litigators with a proven employment litigation practice. Contact Jim, or any of our employment litigation attorneys for assistance in any of the following matters:
- All Employment Discrimination Claims (Age, Race, Gender, Disability, Religion, National Origin & Ethnicity)
- Class Action Discrimination Defense
- EEOC and OCRC Claim Management and Defense
- Employment Retaliation Claims
- Enforcement and Defense of Restrictive Employment and Non-competition Agreements
- Defense and Prosecution of Theft of Trade Secrets and Confidential Information
- Unemployment Compensation Claims
- Labor Disputes
Fraud, Breaches of Fiduciary Duties, and Misappropriations (Chair – Richard G. Witkowski)
The Firm frequently represents clients who have been victimized by fraud, breaches of fiduciary duty and theft. Our attorneys possess unique qualifications and experience that enable them to provide cost effective alternatives to the defense and prosecution of these types of claims. Our litigation attorneys successfully defend and prosecute the following types of claims in state and federal courts throughout the State of Ohio.
Attorney Richard G. Witkowski is a Certified Public Accountant, inactive, and a member of Association of Certified Fraud Examiners. In addition to his experience as a litigator, Witkowski has over ten years experience as a financial statement and internal auditor. Contact Rich or any one of our attorneys to arrange for an initial consultation to assist you.
- Pre-suit Investigations and Evaluations of Frauds, Breaches of Fiduciary Duty and Thefts
- Prosecution and Defense of Claims of Misappropriation, Theft, and Embezzlements
- Prosecution and Defense of Claim of Fraud Re: Financial Statements, Financial Projections, and Business Valuations
Insurance Law (Chair - Richard G. Witkowski)
The Firm frequently represents business clients and insurance carriers involved in insured property and liability claims and disputes over insurance coverage. Our attorneys possess unique qualifications and experience that enable them to provide cost effective alternatives to the evaluation and defense or prosecution of these types of claims. Our attorneys successfully defend and prosecute the following types of claims in state and federal courts throughout the State of Ohio.
Attorney Richard G. Witkowski has extensive experience representing insureds and insurance carriers in regard to litigation involving insurance coverage issues. Rich is a CPCU and previously worked as an Insurance Risk Manager at BP America. In addition, he has represented numerous insurance carriers in defense of claims for coverage and bad faith over the past twenty years. Contact Rich or any of our litigation attorneys and we will arrange for an initial consultation to assist you.
- Coverage Analysis, Arbitration and Litigation
- Bad Faith Litigation
- Representation Regarding Retrospective Premium Audits and Assessments
Municipal Law (Chair - Michael E. Cicero)
The Firm continues its history of serving various municipalities and councils of government throughout Northeast Ohio in the capacity of Law Director, Prosecutor or Legal Advisor. From the preparation of legislation and municipal policies through defending police liability cases, our Municipal Law Group attorneys, L. James Juliano, Jr., Vincent A. Feudo and Michael E. Cicero, have over 80 years of combined experience in their craft.
While our municipal attorneys engage in a wide variety of litigation matters, we emphasize the defense of political subdivisions and their employees in tort-related and civil rights litigation. Our defense of law enforcement agencies and police officers is at the forefront of our attorneys' expertise. We have successfully defended numerous governmental clients from administrative, state and federal court actions, and have developed a reputation of obtaining favorable results for clients in an efficient manner.
In addition to representing law enforcement entities in litigation, our attorneys also have provided guidance and counsel in drafting and revising policy manuals, general order, and standard operating procedures. We also frequently present seminars and presentations to law enforcement clients on the changing state of the law in areas such as drunk driving and search and seizure.
- Eminent Domain
- Extraordinary Writs
- Election Cases
- Misdemeanor Prosecution
- Nuisance Abatement
- Public Sector Labor Negotiations
Professional Liability / Malpractice Litigation (Chair - Richard G. Witkowski)
The Firm has extensive experience representing a wide array of professionals regarding allegations of professional malpractice, employment agreement disputes, shareholder disputes, licensing issues, and ethics complaints. We are also frequently retained to provide assistance in risk management issues and subpoena compliance. Our litigation attorneys successfully defend and prosecute the following types of claims in state and federal courts throughout the State of Ohio.
- Defense and Prosecution of Malpractice Claims Involving Accountants, Attorneys, Insurance Agent & Brokers, and Financial Advisors
- Representation of Design Professionals and Subcontractors in Ohio (See Construction Practice Group)
- Representation of Professionals Regarding Defense of Ethics Complaints and Disciplinary proceedings
- Assist with Compliance Efforts Regarding Legal, Professional and Ethical Obligations to Clients, Third Parties, and Regulators
- Provide Legal Counsel and Advice Regarding Management of Breaches of Confidential Client Financial Information
- Subpoena Response (Grand jury, civil, and administrative subpoenas)
- Risk Management and Pre-claim Assistance to Prevent or Minimize the Severity of Claims
- Professional Liability Insurance Coverage Reviews, Analysis and Litigation
Real Property Litigation (Chair - Timothy L. McGarry)
NGC attorneys assist their clients in all forms of litigation relating to real property, whether a financial institution seeking to foreclose, a commercial entity protecting a valuable easement, defending a lender's interest in tax increment financing or defending clients against alleged zoning violations. Contact any of our litigation attorneys for an initial consultation to assist you in regard to any of the following matters:
- NGC recently protected a lender's tax increment financing rights in a foreclosure action
- Eminent Domain Prosecution and Defense
- Foreclosures (Commercial/Residential)
- Nuisance Abatements
- Boundary and Title Disputes
- Prescriptive Easement and Adverse Possession Claims
- Enforcement and Defense of Purchase Agreements
- Zoning Disputes
- Environmental Matters
- Remediation Cost Recovery
- Defense of Agency Enforcement Actions
- UST Fund Claims
- Permitting and Background Investigations
