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A summary of recent cases handled by the attorneys of Dinn, Hochman & Potter, LLC:
DHP is pleased to announce that Steven B. Potter has been selected as a 2012 Ohio Super Lawyer, as published in Ohio Super Lawyers magazine. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Mr. Potter, a partner with the firm, concentrates his practice in the areas of business and employment disputes, risk avoidance, real estate and construction disputes, and personal injury litigation. Dinn, Hochman & Potter, LLC, serving clients for over 25 years, would like to congratulate Mr. Potter on his outstanding accomplishment.
- November 4, 2011 Dinn, Hochman & Potter, LLC successfully defends nationwide lender and loan servicer from borrowers' attempt to abscond with insurance funds.
In a decision with far reaching implications, the Second District Court of Appeals of Ohio affirmed the right of one of the nation's largest lenders and loan servicers to insurance proceeds for loss that occurs during a foreclosure even when the lender subsequently purchases the damaged property at sheriff's sale and does not pursue a deficiency judgment against the borrowers. In so holding, the Court of Appeals agreed with the arguments of Dinn, Hochman & Potter attorneys Benjamin D. Carnahan and Thomas A. Barni and found that the lender's right to insurance proceeds accrues at the time of loss and whether an insurance contract contains a simple vs. standard mortgage clause is not determinative to the lender's right of recovery. The Appellate Court further found that neither the lender's failure to pursue a deficiency judgment nor the issuance of an IRS 1099 prevented the lender from sharing in the insurance proceeds.
- June 8, 2011 Dinn, Hochman & Potter, LLC obtains over a quarter-million dollars in unclaimed funds for client.
After an intense legal battle with the Summit County Fiscal Officer, Dinn, Hochman & Potter attorneys Irwin Dinn and Jason Hochman obtained in excess of $250,000 held by the Summit County Treasury. After six months of litigating esoteric issues involving escheat, probate court jurisdiction, forfeiture statutes and the legal definition of public monies, Dinn, Hochman & Potter's attorneys prevailed on their legal arguments and the Court ordered the funds to be distributed to our client.
- March 21, 2011 Dinn, Hochman & Potter, LLC's lawyers successful in the United States Court of Appeals for the Sixth Circuit.
In a significant victory, the United States Court of Appeals affirmed the right of a Dinn, Hochman & Potter client to have his case decided by a jury of his peers. Dinn, Hochman & Potter Partner, Steven B. Potter, assisted by Dinn, Hochman & Potter Associate, Renee S. Pienta, brought suit against the City of Cleveland on behalf of Dinn, Hochman & Potter client, Anthony Wheeler, in the United States District Court for the Northern District of Ohio. Anthony Wheeler alleged in his lawsuit that City Police Officers utilized excessive force in arresting him even though they lacked probable cause for the arrest. The police department then detained Mr. Wheeler for 35 hours without ever charging him. The City of Cleveland sought to dismiss the case on the basis of qualified immunity. United States District Court Judge David Dowd ruled in Mr. Wheeler's favor on several important aspects of the Motion. The City appealed. After analyzing both the arguments of Dinn, Hochman & Potter attorneys and the positions advanced by Steven Potter at oral argument, the U.S. Court of Appeals rejected the City's attempt to deny Mr. Wheeler his "day in court." In affirming Judge Dowd's decision, the Court of Appeals agreed with all of Dinn, Hochman & Potter's arguments.
Dinn, Hochman & Potter, LLC provides billing alternatives for its clients. In certain circumstances, the decision to hire an attorney solely on an hourly rate basis fails to meet our clients' goals and objectives. With these factors in mind, Dinn, Hochman & Potter, LLC will consider creative fee arrangements that include flat fees, blended hourly rates and blended hourly/contingency fee structures to meet our clients' needs. Often businesses find themselves in need of significant legal services that are not part of their annual budget. Whether it is the cost of business organization, financing (including private placements), or litigation, Dinn, Hochman & Potter, LLC can create a program for any business or individual need. In addition to traditional hourly rate billing, Dinn, Hochman & Potter, LLC offers its clients monthly payments plans, retainer agreements, fixed fees, contingency and hybrid arrangements. Dinn, Hochman & Potter, LLC seeks to provide legal services in a manner that meets its clients' expectations. Please contact Dinn, Hochman & Potter, LLC to discuss how we can serve your needs. info@dhplaw.com or 440-446-1100
In January 2009, our litigation attorneys obtained a significant 6-figure personal injury settlement for our client on a premises liability claim involving a national retail establishment.
- October 14, 2009 Dinn, Hochman & Potter, LLC successfully represents commercial property owner in evicting national chain restaurant tenant.
October 14, 2009: Attorney Thomas A. Barni obtains a writ of restitution in the Summit County Court of Common Pleas in favor of a business owner against a national tenant. The Court held that the national tenant had materially breached the terms of the lease and entered judgment restoring possession to the business owner. The hearing on damages, which shall include interest and court costs, is scheduled for December of 2009.
- Our corporate attorneys recently represented our client in the purchase of 100 nursing home beds from
Our corporate attorneys recently represented our client in the purchase of 100 nursing home beds from a local hospital, negotiated the construction of a $12M facility, prepared a private placement memorandum to raise in excess of $4M in capital, and concluded a $13.5M credit facility.
- Our transactional attorneys recently negotiated the purchase of a $12M conduit credit facility at a significant
Our transactional attorneys recently negotiated the purchase of a $12M conduit credit facility at a significant discount for our client and handled the refinancing for a 350 unit apartment building.
