News

Mansour Gavin is pleased to announce that 13 of the firm’s lawyers have been selected for inclusion in the 2024 edition of Best Lawyers in America® and 2 have been recognized as Best Lawyers: Ones to Watch®.  Best Lawyers is the legal profession’s oldest and most respected peer-review publication.

Anthony J. Coyne
Eminent Domain and Condemnation Law
Corporate Law
Real Estate Law

Timothy A. Boyko
Corporate Law
Trusts and Estates

Charles T. Brown
Litigation – Trusts and Estates

James A. Budzik
Litigation – Labor and Employment

Diane A. Calta
Commercial Litigation

Jeffrey M. Embleton
Employment Law – Management
Litigation – Labor and Employment
Commercial Litigation

Brendon P. Friesen
Corporate Law

Daniel J. McGuire
Trusts and Estates

John W. Monroe
Real Estate Law

Edward O. Patton
Commercial Litigation
Corporate Law

Michael P. Quinlan
Commercial Litigation
Trusts and Estates

Timothy T. Reid
Litigation – Insurance
Insurance Law

Bruce G. Rinker
Land Use and Zoning
Real Estate Law

Ones To Watch

Kenneth E. Smith
Corporate Law

Kathryn E. Weber
Corporate Law
Real Estate Law

Since its inception in 1983, Best Lawyers in America® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote and include more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.

We previously advised on the Financial Crimes Enforcement Network (FinCEN) beneficial owner information reporting requirements for applicable companies under the Corporate Transparency Act. FinCEN is now accepting beneficial ownership information reports and has launched an online portal for companies to file their mandated reports. Reports can be printed and filled out or completed online here.

Companies are reminded that they will need to provide several categories of information for both the corporate entity and any beneficial owners, including:

• Addresses
• Tax Identification Information
• Registration Information
• Corporate and Individual Identification Documentation

The Corporate and Business Services attorneys at Mansour Gavin are prepared to assist with these mandatory filings. Those companies that are required to report that were in existence as of 12/31/2023 must file their BOI report no later than 12/31/2024. If a reporting company was formed between 1/1/2024 and 12/31/2024, you have ninety days from formation to file your BOI report. Companies formed 1/1/2025 and thereafter must file within 30 days of formation.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.

Mansour Gavin is proud to announce that the following attorneys have been named to the 2022 Ohio Super Lawyers^® list!

Anthony J. Coyne, 2022 Ohio Super Lawyers^®
John W. Monroe, 2022 Ohio Super Lawyers^®

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

Every year Super Lawyers selects attorneys from all firm sizes and over 70 practice areas throughout the State of Ohio using a patented multiphase selection process. Only up to five percent of the lawyers in the state are named to Super Lawyers, and no more than 2.5 percent are named to the Rising Stars list.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.

On March 6, 2024, the Ohio Supreme Court issued a decision in a lawsuit filed on behalf of a putative class of students from The Ohio State University. The suit alleged breach of contract and unjust enrichment against the University, seeking refunds for a portion of the tuition and fees paid during the spring of 2020 when the University suspended in-person instruction due to the COVID-19 pandemic.

In a 4-3 ruling, the Supreme Court instructed the Tenth District Court of Appeals to ascertain if the University is “immune from suit in the Court of Claims regarding its decisions in response to the COVID-19 pandemic including to suspend in-person instruction, transition to virtual learning, restrict access to its campus, and provide pro rata refunds to students only for the recreational fee and for room and board.”

At the trial court level, the Ohio Court of Claims granted class certification on behalf of a class that included “all undergraduate students enrolled in classes at the Columbus campus of The Ohio State University during the spring of 2020 who paid tuition, the general fee, student activity fee, learning technology fee, course fees, program fees, and/or COTA bus fees.” The University appealed this decision, contending that the plaintiff’s claims were barred by the doctrine of discretionary immunity, which they raised for the first time on appeal. The plaintiff argued that discretionary immunity is an affirmative defense that cannot be raised for the first time on appeal and doesn’t apply to the case’s facts. The Court of Appeals acknowledged discretionary immunity as an affirmative defense but concluded that the trial court hadn’t conducted the necessary “rigorous analysis” before granting class certification.

The University appealed the Court of Appeals’ decision regarding discretionary immunity to the Ohio Supreme Court, which agreed to hear the case on appeal. The Ohio Supreme Court ruled that discretionary immunity was not an affirmative defense but a matter of subject matter jurisdiction that can be raised by a party at any stage, including the Court of Appeals. Consequently, the Ohio Supreme Court remanded the matter to the Tenth District Court of Appeals for a determination as to whether discretionary immunity applied to the University’s decision to suspend in-person instruction and only provide refunds for certain fees, excluding tuition refunds to students.

Mansour Gavin attorney Scott Simpkins is co-counsel for the putative class and presented oral argument in the matter before the Ohio Supreme Court. Scott’s litigation practice includes contract dispute, labor and employment, municipal/public entity, construction, real estate, and general commercial litigation.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.

Tatyana Pishnyak has been elected to the Board of Directors of Global Cleveland, a non-profit organization dedicated to growing Northeast Ohio’s economy by welcoming and connecting international people to opportunities and fostering a more inclusive community for those seeking a place to call home.

Born in Ukraine and fluent in Ukrainian, Tatyana actively participates in legal clinics, including Global Cleveland’s Ukrainian Legal Clinic and Resource Fair in 2023, which provided free legal advice and resources to Ukrainians affected by the war. Additionally, she serves as a class of 2023-24 mentor for Global Cleveland’s Global Rising program. The nine-month development program was created to assist professional newcomers in learning to network and expand their social circles, become acclimated to the city, and strengthen their economic opportunities in Northeast Ohio.

Tatyana is a member of Mansour Gavin’s Corporate and Business Services group, where she focuses her practice in the areas of mergers and acquisitions, franchising, commercial contracting, healthcare, and finance and banking.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.

Mansour Gavin is pleased to announce Diane Calta and Tatyana Pishnyak have been named the firm’s newest shareholders effective January 1, 2024.

Diane Calta is a member of the firm’s Litigation and Real Estate practice groups, possessing over 20 years of legal experience across various fields including municipal law, litigation, real estate, and probate and estate planning. Ms. Calta serves as the Director of Law for Mayfield Village and was recently appointed as special legal counsel for the City of Independence. She previously served as Director of Law for the cities of Green and Beachwood.

Tatyana Pishnyak is a member of the firm’s Corporate and Business Services group, where she focuses her practice in the areas of mergers and acquisitions, franchising, commercial contracting, healthcare, and finance and banking. With extensive experience in the purchase and sale of professional healthcare practices, Tatyana also offers valuable counsel to doctors and other professionals on employment law matters. She advises clients on general corporate matters, including corporate entity selection and formation, and provides guidance to global corporations on commercial agreements and day-to-day corporate governance.

“I am proud to welcome Diane and Tatyana as shareholders of our firm. They are both exceptional lawyers with profound industry knowledge and excel at devising effective strategies to help clients achieve success” said Tony Coyne, Mansour Gavin President.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.

Attorneys Ken Smith, Veronica Garofoli, and Tim Reid recently secured a defense ruling at federal jury trial in the case Hunt v. Sundquist, et al., Case No, 1:17-cv-01444 in the U.S. District Court, Northern District of Ohio.

The Plaintiff, a county jail inmate, had alleged excessive force and a failure to intervene in the use of excessive force against the two defendant corrections officers. At the close of evidence, the Mansour Gavin team moved for judgment as a matter of law under Federal Rule of Civil Procedure 50 as to their client, the corrections officer accused of not intervening in the alleged use of excessive force. After oral argument, the Court granted the motion thus dismissing all claims against the officer. The jury subsequently found in favor of the other defendant corrections officer,  finding he did not use excessive force against the Plaintiff despite having pled criminally guilty to assault from the same incident involving the Plaintiff.

 

As the saying goes, “Three strikes and you’re out” or “Good things come in threes.” In Mansour Gavin’s case, it certainly has been the latter. Recently, Mansour Gavin attorneys have secured trial victories in the following matters:

• David Hildebrandt and Ann Knuth successfully defended a northeast Ohio tech company against a claim of bankruptcy discrimination. The former executive plaintiff claimed that his employment was terminated solely on account of his having filed bankruptcy prior to his employment with Mansour Gavin’s client. The defense was able to show that there were several reasons for the termination decision, including undocumented performance issues. The jury returned a unanimous defense verdict in favor of Mansour Gavin’s client after less than one hour of deliberations.

• Tim Reid and Michael Quinlan recently obtained a defense verdict for a client on a claim of excessive force and assault and battery, where a defendant corrections officer’s restraint of a pretrial detainee resulted in a fractured hip which required hip replacement surgery.  The claim arose in 2011 against a county detention facility.  Although factual claims prevented summary judgment dismissal, at trial our attorneys were able to utilize modern document production and video to demonstrate weaknesses in the plaintiff’s claims, and were able to successfully bar plaintiff excessive force expert from testifying following a Daubert challenge.  This was the fourth successful defense of this same client in the past year, as three other civil rights cases against the same county were dismissed on summary judgment. Mansour Gavin was also successful in receiving an award of attorney fees for the same defendant in a civil rights claim.

• Edward Patton, with assistance from Miles Welo, successfully defended a client against claims of civil recovery for a criminal act, RICO, civil conspiracy, fraud, conversion, and unjust enrichment. The claims arose in 2011 when a public school employee was accused of defrauding a local school district out of a large sum of money. From the onset of litigation, the facts showed that it was highly unlikely our client was involved with the supposed fraud. However, a complaint was still filed, and out of more than 25 named defendants, our attorneys successfully represented the only defendant to go to trial. Mansour Gavin presented a fact-based defense that established the local school district proceeded to trial without sufficient evidence to prove its claims.

LEGAL DISCLAIMER

The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create an attorney-client relationship between you and Mansour Gavin LPA or any of its associates, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

Brendon Friesen has received the prestigious Martindale-Hubbell AV Preeminent Peer Review rating. It is the highest rating in legal ability and ethical standards and demonstrates the highest level of professional excellence an individual can receive from Martindale-Hubbell.

Brendon is a Shareholder, Executive Committee Member, and Chair of the Corporate and Business Law Group. This rating reflects Brendon’s in-depth experience on business transactions and related litigation.

Martindale-Hubbell conducts a thorough review of attorneys for their Martindale-Hubbell® Peer Review Ratings™, through a secure online peer review survey where a lawyer’s ethical standards and legal ability in a specific area of practice is assessed by their peers. AV Preeminent® is the highest peer rating standard and is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.

Tatyana Pishnyak has received the prestigious Martindale-Hubbell AV Preeminent Peer Review rating. It is the highest rating in legal ability and ethical standards and demonstrates the highest level of professional excellence an individual can receive from Martindale-Hubbell.

Tatyana is a member of the firm’s Corporate and Business Law group. This rating reflects Tatyana’s in-depth expertise in the areas of mergers and acquisitions, franchising, commercial contracting, healthcare, and finance and banking.

Martindale-Hubbell conducts a thorough review of attorneys for their Martindale-Hubbell® Peer Review Ratings™, through a secure online peer review survey where a lawyer’s ethical standards and legal ability in a specific area of practice is assessed by their peers. AV Preeminent® is the highest peer rating standard and is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Mansour Gavin LPA is an established law firm founded in 1954 with offices in Cleveland and Independence, Ohio. The firm provides a wide range of legal services to individuals and many successful privately held and publicly traded corporations.