Recent victory
Khary spent four days in trial in the Trumbull County Court of Common Pleas defending six felony counts brought against a Trumbull County Sheriff’s deputy. The claims were that Khary’s client had unlawfully intercepted communications between supervisors. There was significant union activity underway and it was suggested that this was the motive. Two of the client’s fellow employees had been charged with similar offenses and had pled guilty. The firm’s client maintained his innocence and after several hours of deliberation, the 12 jurors unanimously acquitted him of all charges. Nice work, Khary!

Rick was recently recognized by three different organizations for his accomplishments as a lawyer. First, the New York City Bar is holding a seminar entitled “Managing the Corporate Message from a Legal Perspective” and has will include an article written by Rick on dealing with the media during legal crises. Second, he has been notified that the 2012 edition of Best Lawyers in America has selected him for inclusion in the categories of Bet-the-Company Litigation, Criminal Defense- White Collar and Non-White Collar, Litigation- Construction, Commercial Litigation and Litigation- Labor & Employment. Finally, he has been invited to become a Fellow in the Litigation Counsel of America, a professional honorary society of trial lawyers which has a membership limited to one-half of one percent of American lawyers, meaning he is one of 129 lawyers from Ohio who will be so recognized.

Steve was also selected for 2012 edition of Best Lawyers in America for white collar criminal defense and has once again been named an Ohio Rising Star by that publication. We are happy to announce that

Kimberly, who has recently become a member in the firm, has been named to the Ohio State Bar Association’s Litigation Section Counsel.

Firm successfully defends Lucas County Sheriff
Beginning in April 2009, Rick and Khary have defended Sheriff James A. Telb against federal criminal charges levied by the United States Department of Justice. The Sheriff was charged with directing the cover-up of the murder of an inmate in the Jail in 2004. The case was brought against two correction officers and a Department captain as well as the Sheriff. After six weeks, the jury found the Sheriff and the Captain not guilty of any of the counts brought against them and convicted the two correction officers of relatively minor offenses. The Sheriff’s 50 year career in law enforcement remains unblemished.

Firm’s expertise sought in international dispute
Rick is serving as an expert witness for the prevailing party in an arbitration between a U.S. supplier and Canadian customer. The Jones Day lawyers successfully represented their client in obtaining a significant award. Rick has provided testimony on various aspects of the arbitration proceeding and the award itself. Proceedings are underway in the United States and Canada regarding the award.

The Best Lawyers of America
Rick Kerger and Steve Hartman were recently notified that they had been selected for inclusion in The Best Lawyers of America for 2011. Rick was recognized in the practice areas of Bet-The-Company Litigation, Commercial Litigation, Criminal Defense: Non-White-Collar, and Criminal Defense: White-Collar. The selections were based on his evaluation by other lawyer’s throughout the country and it is unique for any lawyer to be included in all four areas. He has been included in these categories for many years and first being recognized more than a decade ago. Steve joined the ranks of Best Lawyers in Criminal Defense- White Collar.

Firm listed in October 2010 edition of U.S. News & World Report
Kerger and Hartman will be listed in US News & World Report’s first ever ranking of the best law firms. Kerger & Hartman earned a First Tier ranking in both General Commercial Litigation and White Collar Criminal Defense. This will be published in the October 2010 edition of U.S. News & World Report as well as a special stand-alone publication going to 30,000 general counsel and 55,000 leading lawyers around the world.

United States Court of Appeals for the Sixth Circuit reconsiders reversal of murder conviction
On June 9th, Rick Kerger appeared before all sixteen judges of the United States Court of Appeals for the Sixth Circuit to argue on behalf of a death row inmate, William T. Montgomery. On occasion when the Court feels cases of sufficient significance, it will ask that the lawyers argue it before the entire court, rather than the traditional three judge panel. In the case of William T. Montgomery, Rick had won a reversal of his 1983 murder convictions and received a grant of a new jury tried from a three judge panel that heard the case last October. But upon request of the State of Ohio, the Court granted what is known en banc reconsideration, meaning that the matter would have to be presented to all of the judges of the Sixth Circuit. At the oral argument, not only were all twenty-four of judges present, but more than a hundred spectators attended as well. The State of Ohio was represented by the Solicitor General of the State, Benjamin Mizer. As of this date, no decision has yet been received.

Road rage victim acquitted
Khary Hanible representing Mr. Bill Koontz was acquitted in a one day trial to the bench on May 25, 2010, Mr. Koontz of Lima, Ohio was a victim in a road rage incident and had been accused of attempting to impersonate an Allen County Sheriff’s Deputy when Perry Township Officers investigated the incident.

Toledo Bar Association Board of Directors
Steve Hartman has begun his term as a member of the Toledo Bar Association Board of Trustees.

Who's Who in local law in Toledo Business Journal.
Rick and Steve were selected for the second consecutive year. There is a limit of 100 local lawyers.

Firm secures reversal in Sixth District Court
Rick and Kim Conklin are representing a former Davis Besse engineer. Andrew Siemaszko had been an engineer with First Energy and was one of the people responsible for the Davis Besse Nuclear Power Plant. He was fired by the company and was ultimately prosecuted for the incident, as well as being subjected to several administrative proceedings. First Energy paid the attorney fees for two other similarly situated employees. Andrew sought reimbursement for his fees, but the company denied its request. Kim and Rick filed suit in the Ottawa Court of Common Pleas to enforce his right to his fees, but the Court dismissed the case. The Court of Appeals recently reversed that decision and sent the matter back to the trial court to allow him to pursue recovery of the very substantial amount which had been incurred in his defense of the various proceedings.

Principal selected for 2010 Fellows Class
Steve was selected as a member of the Ohio Bar Foundation 2010 Fellows Class

Firm defeats motion to dismiss pet insulin case
The firm has been one of two law firms representing a class of pet owners who allege that their pets were injured and in some cases even killed as a result of their use of Vetsulin. The defendant manufacturer filed a motion to dismiss the action but the lawyers for the class convinced the judge that the motion should not be granted and the case remains pending before Judge James G. Carr.

Unanimous verdict
On January 14, 2010, after a four day trial, an Ottawa County jury returned a unanimous verdict awarding the firm’s client every penny for which he asked. Tried by Rick Kerger and Khary Hanible, the case involved a dispute over the retirement of an accountant from the firm he helped found. Problems which arose before the firm represented him raised serious issues as to whether the client would receive any of the $540,000 owed for his interest in the firm. The company raised numerous defenses which it believed would bar recovery and the Judge let the jury consider all of the defenses. Before returning its verdict the jury sent a single question to the Judge which was “Can we award the plaintiff more than the $540,000?” The Judge answered that they could not and within moments all of the jurors signed the verdict awarding our client the $540,000 he had sought.