The following briefs, motions, and memoranda were prepared and filed by Paul W. Flowers, often together with co-counsel. These materials are being posted solely to provide examples of the firm's work product. Please keep in mind that some of the legal arguments and citations may now be outdated. (Credit is due to Noelle K. Ezzo for typing and formatting all of these documents)
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Barnes v. University Hospitals of Cleveland, Inc.
- Malpractice claim against home health care agency
- Effect of counsel's failure to raise trial objections
- Effect of premature filing of notice of appeal
- Appropriateness of $3,000,000 punitive damage award
Memorandum Opposing Summary Judgment
- General Summary Judgment Standards
- Punitive Damages in Medical Malpractice Action
- Employer's Responsibility for Employee's Malicious Acts
Trial Brief in Common Pleas Court
- Factual Background
- Required Trial Disclosures
Supreme Court Motion to Intervene
- Intervention in original action in the Supreme Court of Ohio
- Sample Answer of Intervening Respondent
Baeslach v. Dancy
Appeal Brief to the Eighth District
- Standards for Motions to Dismiss on the Pleadings
- Amendments to the Pleadings Relating Back. Civ. R. 15(C)
- Application of Statute of Limitations to Newly Added Defendants
Memorandum Opposing Jurisdiction in Supreme Court
- Inappropriateness of Rising New Arguments on Appeal
- Application of Relation Back Doctrine to Newly Added Defendants. Civ. R. 15(C)
- Importance of Stare Decisis
Brown v. Walters
- Inadmissibility of Seatbelt Evidence in Personal Injury Action
- Presumption Against Retroactive Application of Statute
Ditullio v. Robinson Memorial Hosp.
Brief Regarding Non-Economic Damage Cap
- Enforceability of $250,000 cap on non-economic damages recoverable from political subdivisions. R.C. §2744.05(C)(1).
- Ohio Constitution's guarantees of due process, equal protection, open courts, jury trials, and separation of powers.
Haas v. Quest Recovery Services, Inc. et al.
Motion for Summary Judgment in Favor of Plaintiff
- Standards for Title III Americans With Disabilities Act (ADA) claims
- Standards for Rehabilitation Act claims
Memorandum in Opposition to Motion for Summary Judgment
- Actual case and controversy requirement for injunctive relief under ADA Title III
- Federal funding requirement for Rehabilitation Act claims
- Necessity of advanced knowledge for ADA claims
- Negligence theory based on handicap
- Emotional distress claim based on handicap
Brief in the U.S. Sixth Circuit Court of Appeals
- Congruence and proportionality test for Congressional abrogation of Eleventh Amendment Immunity
- Title II of the Americans with Disability Act as a valid exercise of authority under Section 5 of the Fourteenth Amendment
Reply in the U.S. Sixth Circuit Court of Appeals
- Use of evidence to contest motion to dismiss under Fed. R. Civ. P. 12(b)(6)
- Congressional authority to impose anti-discrimination laws on states
Hines v. Marriott International, Inc.
Brief of Respondent in Mandamus Action
- Employer's request for mandamus relief in workers' compensation claim
- Requirements for obtaining mandamus relief from administrative order
- Noll requirements for Industrial Commission orders
Motion to Remand Federal Action to State Court With Request for Fees
- General standards for federal removal and remand
- Prohibition against removal of workers' compensation claims, 28 U.S.C. §1445(c)
- Requirements for Balyint claim against self-insured employer
- Recovery of attorney fees for improper removal, 28 U.S.C. §1447(c)
Holliday v. Ford Motor Company
Brief of Plaintiff-Appellants to Court of Appeals
- Conflict of law issues in product liability cases
- Spoliation as a defense when evidence has been lost
- The component parts defense
Reply of Plaintiff-Appellants to Court of Appeals
- Necessity of unfair advantage for establishing spoliation defense
- Inappropriateness of dismissal as a sanction for spoliation
- Necessity of filing cross-appeal
- Piercing the corporate veil as a jury issue
Klaue v. Ohio Ins. Guarantee Assn.
Brief of Plaintiff-Appellee to Court of Appeals
- Binding effect of verbal settlement agreement
- Admissibility of Attorney's Affidavit
- Authority afforded to the Ohio Insurance Guarantee Association under Ohio Rev. Code §3955.19 to set aside judgments and stipulations
- Meaning of "uninsured motor vehicle" for purposes of Ohio Rev. Code §3937.18
LeBeau v. Seaman Corporation
Memorandum in Opposition to Summary Judgment on Workplace Intentional Tort Claim
- Standards for Workplace Intentional Tort Claims
- Substantial certainty requirement met by unguarded machinery
Memorandum in Opposition to Summary Judgment on Products Liability Claim
- Unconstitutionality of 10 year Statute of Repose, Ohio Rev. Code 2305.10(C)(1)
- Availability of Common Law remedies
Mitchell v. Hartford Insurance Company
Plaintiff's Memorandum in Opposition to Motion for Summary Judgment
- Conflict of laws issues for uninsured/underinsured (UM/UIM) motorist claims
- Validity of covered auto limitations in UM/UIM policies
- Does Ohio UM/UIM law apply to nationwide commercial motor vehicle policies
- Scope of Ohio UM/UIM coverage arising by operation of law
- Illinois' mandatory UM/UIM requirement
- Enforceability of covered auto exclusions in UM/UIM policies in Illinois
Perrin v. Center for Women's Health
Plaintiff's Memorandum in Opposition to Motion to Bifurcate
- Response to demand for bifurcation of punitive damage claim under Ohio Rev. Code §2315.21(B)(1)(a)
- Can the mandatory bifurcation requirements be applied retroactively
- Constitutionality of mandatory bifurcation
Rahman v. Ohio Department of Transportation
- ODOT's duty to maintain and repair roadways, Ohio Rev. Code §5501.11(A)
- Elements of a qualified nuisance claim
- Establishing actual and constructive knowledge of a nuisance
- Admissibility of police report
- Liability for violations of Ohio Location and Design Manual
Ramos v. L.J. Tool Specialties, Inc.
Plaintiff's Memorandum in Opposition to Motion for Summary Judgment
- Summary judgment standards
- General negligence principles
- Frequenter statute requirements, Ohio Rev. Code §4101.11
- Temporary workers and employer immunity, Ohio Rev. Code §4123.74
- Workplace intentional tort elements
Rinaldi v. City View Nursing & Rehabilitation Center, Inc.
- Retroactive application of hospital incident report privilege, Ohio Rev. Code §2305.253
- Trial judge discretion in discovery rulings
- Necessity of "peer review" link to privileged incident reports, Ohio Rev. Code §2305.25(D)
- Narrow constructions afforded to privileges
- Interlocutory review of denials of motions to dismiss on the pleadings
- Application of discovery rule to wrongful death claims, Ohio Rev. Code §2125.02
State ex rel. Smith v. Cuyahoga County Court of Common Pleas
Plaintiff's Memorandum in Opposition to Motion to Transfer Venue
- Standards for transfer of venue through Ohio Civ. R. 3.
- Appropriateness of venue in county of defendant's principal place of business
- Inapplicability of forum non conveniens to county-to-county transfer requests
- Necessity for reconsidering incorrect decision
Relator's Verified Complaint in Mandamus in the Supreme Court
- Extraordinary Writ requested to avoid impasse between transferor and transferee judges
- Allegations of essential elements for mandamus relief to resolve venue dispute
Relator's Memorandum in Opposition to Motion to Dismiss Mandamus Complaint
- Right of Plaintiff to chose appropriate venue
- Inapplicability of forum non conveniens to county-to-county transfer requests
- Inappropriateness of "priority rule" to venue analysis under Ohio Civ. R. 3.
- Standard for determining when adequate remedy at law is lacking
Trader v. City of Cleveland
Memorandum in Opposition to Motion for Summary Judgment
- General Standards for municipal liability in Ohio
- Liability for failure to maintain public roads and surrounding grounds, Ohio Rev. Code §723.01 & 2744.02(B)(3)
- Impact of 2002 S.B. 106 upon sovereign immunity, Ohio Rev. Code Chapter 2744
- Necessity of "notice" of the hazard
- Constitutionality of municipal sovereign immunity, Ohio Rev. Code Chapter 2744
Vovk v. Frankenmuth Financial Group
- Standards for Sudden Emergency Defense
- Necessity of Expert Testimony for the Defense