(740) 695-1444 Mon. - Fri. 9:00 am - 5:00 pm

Reported Cases

Wells Fargo Bank, N.A. v. Michael, 2013-Ohio-2545 (7th App. Dist., 2013), COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY
OVERVIEW: [1]-The repurchase option was not a restrictive covenant that ran with the land, but instead was a personal covenant and did not apply to any subsequent purchasers, even purchasers with knowledge of the covenant; [2]-The repurchase option did not survive foreclosure; [3]-As for the right of first refusal, given the covenant’s language, foreclosure was not a triggering event, and thus the trial court erred in not granting the bank’s motion for summary judgment under Civ.R. 56(C) in its entirety; [4]-The court’s decision did not stand for the proposition that foreclosure could never be a triggering event for a right of first refusal, as the covenant could be drafted in a manner that made foreclosure a triggering event.

For Defendants-Appellees: Attorney Michael McCormick, St. Clairsville, Ohio.

Roghelia v. Hopedale Mining, LLC, 2014-Ohio-2935 (7th App. Dist., 2014), COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, HARRISON COUNTY
OVERVIEW: [1]-In granting an employer’s motion for a directed verdict dismissing plaintiff’s discrimination case, the trial court applied the wrong standard of proof–that reasonable minds could only conclude that the employer did not perceive plaintiff as being disabled so that his impairment substantially limited a major life activity. Under R.C. 4112.01(A)(13), he only had to show that the employer perceived him as disabled, not that it also perceived that the disability substantially limited a major life activity; [2]-That the employer made accommodations for plaintiff did not prove it perceived him as disabled; [3]-The court erred in granting a directed verdict, as it was for the jury to determine whether plaintiff was perceived as disabled and whether his termination was based on that perception, or if it was based on his alleged violation of the employer’s absenteeism policy.

For Defendant-Appellee: Attorney Erik Schramm, St. Clairsville, Ohio.

In re Dankworth Trust, 2014-Ohio-5825 (7th App. Dist., 2014), COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY
OVERVIEW:  [1]-The probate court properly denied the former trustee bank’s Civ.R. 60(B) motion because, although the entry of judgment did not comply with Civ.R. 58(B) since it was devoid of any indication that the entry was served on anyone, there was evidence that the bank’s senior trust officer received service within three days of the entry approving the appointment of successor trustee and could have timely appealed the decision; [2]-The probate court correctly denied the motion to vacate because Civ.R. 60(B) was used as a substitute for appeal. Regardless, there was no evidence in the record that even remotely supported the conclusion that the co-trustee or his attorney represented to the probate court that the bank was agreeing to waive the termination fees and no evidence that the senior trust officer or anyone from the bank made an effort to obtain a copy of the pleading.

For Appellee: Attorney Erik Schramm, St. Clairsville, Ohio.

Kiko v. King Mt., LLC, 2015-Ohio-2688 (7th App. Dist., 2015), COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MONROE COUNTY
OVERVIEW:  [1]-The standard to grant continued use of a vacated or abandoned road is reasonable necessity; [2]-The record fully supported the trial court’s conclusion that appellees reasonably needed to use an abandoned road that crossed appellant’s property; [3]-The trial court applied the correct law, including the reasonable necessity standard, in rendering its decision; [4]-Based on the evidence in the record, there was no abuse of discretion in the court’s conclusion that the easement was eighteen feet wide.

For Defendant-Appellant: Attorney John R. Estadt, Attorney. Kyle W. Bickford, Hanlon, Estadt, McCormick & Schramm Co., LPA, St. Clairsville, Ohio.

Andrews v. Passmore, 2015-Ohio-2681 (7th App. Dist., 2015), COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY
OVERVIEW:  [1]-The trial court did not err in holding that appellants did not establish an easement by prescription as they did not establish that their use of appellees’ private road was adverse because, even if the 2009 certified letter from appellees’ attorney granting appellants a revocable license to use the road was not received by appellants, all parties’ behavior was consistent with permissive use as appellees refused an offer from one of the appellants to contribute to the cost of the repairs to the road because appellees believed that the road maintenance was their responsibility; and appellees locked the gate to the private road in 2011 and gave appellants a key.

For Defendants-Appellees: Attorney John R. Estadt, Hanlon, Estadt, McCormick, & Schramm Co., LPA, St. Clairsville, Ohio.

Swallie v. Rousenberg, CASE NO. 09-MO-2, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MONROE COUNTY, 190 Ohio App. 3d 473; 2010 Ohio 4573; 942 N.E.2d 1109; 2010 Ohio App. LEXIS 3866, September 23, 2010, Decided, Discretionary appeal not allowed by Swallie v. Rousenberg, 127 Ohio St. 3d 1535, 2011 Ohio 376, 940 N.E.2d 987, 2011 Ohio LEXIS 281 (2011)Motion denied by Swallie v. Rousenberg, 2011 Ohio 1618, 2011 Ohio LEXIS 917 (Ohio, Apr, 6, 2011)
OVERVIEW: A grantee to an assignment was disqualified from acting as the notary under R.C, ß 5301.01(A) and because he did sign as notary, the assignment was not properly acknowledged and could not be recorded under R.C. ß 5301.25(A); the assignment passed title as against the grantors and their heirs given that no fraud was found.
CORE TERMS; lease, oil, recorded, deed, summary judgment, paying quantities, conveyance, gas lease, acknowledgment, flat-rate ,,.

For Plaintiff-Appellant: Attorney John R. Estadt, Hanion, Estadt, McCormick, & Schramm Co,, LPA, St. Clairsville, Ohio.

Sandy v. Ratalczak, CASE NO. 08 NO 347, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, NOBLE COUNTY, 2008 Ohio 6212; 2008 Ohio App. LEXIS 5192, November 25, 2008, Decided
OVERVIEW: A pipeline operator was entitled to summary judgment when sued for trespass for placing a natural gas pipeline along a county road because (1) the operator had the county commissioners’ permission to lay the pipeline within a public roadway easement, under R.C. 5547.05, and (2) the evidence showed the pipeline served a public use of the easement.
CORE TERMS: pipeline, easement, highway, county commissioners, summary judgment, right of way, permission, trespass, county road, public use

… Atty. Clifford N. Sickler, Caldwell, Ohio. For Defendant-Appellee: Atty. Michael P. McCormick, Hanlon, Duff, Estadt, McCormick & Schramm Co., LPA, St. Clairsville, Ohio

In re Thomas, CASE NO. 06 MO 7, CASE NO. 06 MO 8, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MONROE COUNTY, 2008 Ohio 2409; 2008 Ohio App. LEXIS 2046, May 12, 2008, Decided
OVERVIEW: R.C. 2109,13 did not relieve a guardian, his bonding company, or a depository bank of liability for the guardian’s withdrawal of funds from his wards’ sequestered accounts without a required court order because the bank had acknowledged that a court order was required for the withdrawals and it was not shown that the guardian acted in good faith.
CORE TERMS: probate, guardian, guardianship, fiduciary, deposit, notice, settlement, contempt, sequestered, service of process …

For John R. Thomas: Atty. John R, Estadt, Hanlon, Duff, Estadt, McCormick & Schramm Co., LPA, St. Clairsville, Ohio

Wells Fargo Fin. Leasing, Inc. v. Trio Transp., Inc., CASE NO. 04 JE 33 , COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, JEFFERSON COUNTY, 2005 Ohio 4687; 2005 Ohio App. LEXIS 4313, August 30, 2005, Decided ,  THESE ARE NOT   #
OFFICIAL HEADNOTES OR SYLLABI AND ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT. PLEASE REVIEW THE CASE IN FULL. , Discretionary appeal not allowed by Wells Fargo Fin. Leasing, Inc. v. Trio Transp., Inc., 2006 Ohio 179, 2006 Ohio LEXIS 122 (Ohio, Jan. 25, 2006)
OVERVIEW: A trial court properly dismissed a fraudulent transfer claim for failure to state a cause of action, pursuant to Ohio R. Civ. P. 12 (B)(6), as the alleged fraudulently conveyed property was transferred to one who was not a creditor or a debtor under Ohio Rev. Code Ann, ßß 1336,04 and 1336.07, and she could not be held liable.
CORE TERMS: notice, fraudulent conveyance, default, failure to state a claim, transferred, guaranty, lease, intent to hinder, cause of action, fraudulent …

… Teeples, Ricketts Co., LPA, Columbus, Ohio. For Defendants-Appellees; Atty. Erik A. Schramm, Hanlon, Duff, Estadt & McCormtck, St. Clairsville, Ohio; Atty. Christopher J.

Ward v. Kroger Co., No. 2004-1301 , SUPREME COURT OF OHIO, 106 Ohio St. 3d 35; 2005 Ohio 3560; 830 FEE.2d 1155; 2005 Ohio LEXIS 1607, April 26, 2005, Submitted, July 27, 2005, Decided *
OVERVIEW: Since the employee, in an Ohio Rev. Code Ann. ß 4123.512 appeal, could seek to participate in the Workers’ Compensation Fund only for those conditions that were addressed in the administrative order from which the appeal was taken, he was not entitled to participate in the Fund based on his amended complaint which added new injuries.
CORE TERMS: claimant, common pleas, aggravation, industrial commission, right to participate, allowance, preexisting, right knee, workers’ compensation, body part …

H, Bainbridge, for appellant. Hanlon, Duff, Estadt & McCormtck Co., L.P.A., Erik A, Schramm, and Gerald P. Duff, for appellee Kroger Company Jim Petro,  …

Ahmed v. Ahmed, CASE NO. 03 BE 65 , COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, 158 Ohio App. 3d 527; 2004 Ohio 5120; 817 N.E.2d 424; 2004 Ohio App. LEXIS 4677; 34 Employee Benefits Cas. (BNA) 1411, September 24, 2004, Decided
OVERVIEW: ERISA preempted a statute barring paying life insurance funds to an insured’s slayer, federal common law barred paying them to slayer, and policy’s contingent and no surviving beneficiary clauses were not triggered; proceeds went to insured’s estate.
CORE TERMS: beneficiary, slayer, insurance policy, insurance proceeds, contingent beneficiary, pre-empts, insured, murder, federal common law, summary judgment…

For Plaintiff-Appellant: Attorney John R. Estadt, Hanlon, Duff, Estadt & McCormtck, Co., LPA, St. Clairsville, OH, Attorney   …

State ex rel. McEndree v. Indus. Comm’n, No, 01AP-1013, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, 2002 Ohio 3503; 2002 Ohio # App. LEXIS 3563, July 9, 2002, Rendered
OVERVIEW: Industrial commission correctly disregarded medical evaluation improperly considering conditions allowed in statutorily dead workers’ compensation claims. Sufficient evidence supported commission’s denial of permanent and total disability. CORE TERMS’ claimant, sedentary, writ of mandamus, permanently, totally disabled, degenerative, industrial, statutorily, occupational, disease

…Hanlon, Doff, Estadt & McCormick Co., LPA, Gerald P. Duff and Erik A. Schramm, for respondent Consolidation Coal Company, IN MANDAMUS Relator, Harry McEndree,

Templeton v. DiPaolo Truck Servs., CASE NO. 98-BA-17, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRIT, BELMONT COUNTY, 2001 Ohio 3147; 2001 Ohio App. LEXIS 2387, May 22, 2001, Decided
OVERVIEW: Verdict was supported by sufficient evidence. Where transcript of jury instructions was not provided on appeal, any claim of error relating to instructions was precluded.
CORE TERMS: bailment, bailee, garage, mutual, assignments of error, répétiteur, sub-assignment, jury instructions, bailed, the

Costina Law Firm, St. Clairsville, Ohio.For Defendant-Appellant: Atty. John R, Estadt, Hanlon, Duff, Paleudis & Estadt Co., LPA, St. Clairsville, Ohio,Trial   …

Templeton v. DiPaolo Truck Sen’s., CASE NO. 98-BA-I7, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, 2001 Ohio 3147; 2001 Ohio App. LEXIS 2387, May 22, 2001, Decided
OVERVIEW: Verdict was supported by sufficient evidence. Where transcript of jury instructions was not provided on appeal, any claim of error relating to instructions was precluded.

… St.. Cursively. Ohio. For Defendant-Appellant: Atty.. John R. Estate, Hanlon, Duff, Paleudis & Estadt Co., LPA, St,

Wirkner v. Wizenreid. CASE NO. 694, COURT OF APPEALS OF OHIO. SEVENTH APPELLATE DISTRICT, CARROLL COUNTY, 2000 Ohio App. LEXIS 1207, March 23, 2000, Decided
OVERVIEW: Without a transcript of the trial court’s proceedings, on appeal the court could not address the question of venue, and presumed the regularity of the proceedings below.

… Se, Carrollton, Ohio. For Defendant-Appellant: Attorney John R. Estadt, St. Clairsville, Ohio.

Wirkner v. Wizenreid, CASE NO. 694, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, CARROLL COUNTY, 2000 Ohio App. LEXIS 1207, March 23, 2000, Decided
OVERVIEW; Without a transcript of the trial court’s proceedings, on appeal the court could not address the question of venue, and presumed the regularity of the proceedings below.
CORE TERMS; venue, steer, assignment of error, presume, remainder

Diane Wirkner, Pro Se, Carroilton, Ohio. For Defendant-Appellant; Attorney John R. Estadt, St. Clairsville, Ohio

State ex rel. Arigoni v. Conrad, No. 98-2600, SUPREME COURT OF OHIO, 88 Ohio St. 3d 472: 2000 Ohio 387; 727 N.EJd 1259; 2000 Ohio LEXIS 1257. April 10, 2000, Submitted, May 24, 2000, Decided

Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellant. Betty D. Montgomery, Attorney General

Youghiogheny & Ohio Coal Co. v. Miliiken, No. 98-4395, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 200 F,3d 942; 1999 U.S. App. LEXIS 33996; 1999 FED App. 043 IP (6th Cir.). October 29, 1999, Argued , December 29, 1999, Decided . December 29, 1999, Filed, Rehearing En Banc Denied March 2, 2000, Reported at: 2000 U.S. App. LEXIS 3382. Certiorari Dented October 2, 2000, Reported at; 2000 U.S. LEXIS 5089.
OVERVIEW: The order was affirmed in a black lung benefits case because the court found that their 1989 opinion did not preclude the administrative law judge (ALJ) from modifying a 1986 order and thus the ALJ had jurisdiction to hear respondent’s request.

ARGUED: John G. Paleudis, HANLON, DUFF. PALEUDIS & ESTADT CO., St. Clairsville,…………. Pachuta, Reynoldsburg, Ohio, for Respondents.ON BRIEF: John G. Paleudis, HANLON, DUFF, PALEUDIS & ESTADT CO., St. Clairsville,

State ex rel. Johnson v. Industrial Comm’n, No. 98-2220, SUPREME COURT OF OHIO, 86 Ohio St. 3d 381; 1999 Ohio 174; 715 N.EJd 177; 1999 Ohio LEXIS 2734, June 22, 1999, Submitted, September 8, 1999, Decided

… Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellee Quarto Mining Company. Garvin & Hickey

Abbott v. Jarrett Reclamation Sen’s.. CASE NO. 96-BA-36. COURT OF APPFAES OF OHIO. SEVENTH APPELLATE DISTRICT. BEEMONT COUNTY. 132 Ohio App. 3d 729; 726 N.FJd 511: 1999 Ohm App. LEXIS 1082. March 15, 1999. Decided
OVERVIEW; An appellee subcontractor who committed acts knowing that injury was substancially certain to occur was not entitled to a directed verdict in an action for international tort and wrongful death arising when a trench buried appellant’s decedent.

Bumgardner v. Ohio Valley Coal Co., No. 98-3753, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 1999 U.S. App. LEXIS 15160, July 2, 1999, Filed ,     NOT RECOMMENDED FOR FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 206 LIMITS CITATION TO SPECIFIC SITUATIONS, PLEASE SEE RULE 206 BEFORE CITING IN A PROCEEDING IN A COURT IN THE SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER PARTIES AND THE COURT. THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED. Reported in Table Case Format at; 1999 U.S. App. LEXIS 27736.
OVERVIEW: A coal miner’s widow was denied survivor’s benefits based upon testimony of several experts that heavy smoking was the sole cause of death from lung cancer, contradicting the autopsy physician’s opinion that promiscuities contributed to the death.

For JOYCE A, BUMGARDNER, Petitioner: John G. Paleudis, Hanlon, Duff, Paleudis & Estadt, St. Clairsville, OH

Long v. Quarto Mining Co., CASE NO. 799, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MONROE COUNTY, 1999 Ohio App. LEXIS 355, January 28, 1999, Decided
OVERVIEW: Dismissal of employee’s workers compensation suit against employer was Improper after she fell on snow-covered steps, injuring her lower back, because trial court erred as it had no grounds to grant either dismissal or a motion for summary judgment.

… Morrison, Woodsfield, Ohio, For Defendants-Appellees: Attorney John G. Paleudis, St, Clairsville, Ohio. Attorney Stephen D. Plymale,

Quarto Mining Co. v. Adams, CASE NO. 777, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MONROE COUNTY, 1998 Ohio App. LEXIS 6194, December 21, 1998, Decided
OVERVIEW: The trial court’s affirmance of the decision of the Ohio Bureau of Employment Sendees that found an employee available for work was proper, but the trial court should have also determined whether a discharge during lay-off was for good cause.

For Appellant: Attorney John G. Paleudis, St. Clairsville, Ohio.For Appellees: Attorney Timothy   …

State ex rel. Quarto Mining Co. v. Easthon, No. 98-466, SUPREME COURT OF OHIO, 83 Ohio St. 3d 545; 1998 Ohio 11; 700 N.EJd 1276; 1998 Ohio EEXIS 3088, September 15, 1998, Submitted , November 10, 1998, Decided

Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellant. Robert B, Liss, for appellee   …

State ex rel. Consolidation Coal Co. v. Stewart, No. 97-267, SUPREME COURT OF OHIO, 83 Ohio St. 3d 329; 1998 Ohio 99; 699 N.EJd 939: 1998 Ohio LEXIS 2539, August 19, 1998, Submitted , October 7, 1998, Decided

Hanlon, Duff, Paleudis & Estadt Co., UP.A., and John G. Paleudis, for appellant. Betty D. Montgomery, Attorney General,

State ex rel. Beal v. Industrial Comm’n, No. 97-75, SUPREME COURT OF OHIO, 83 Ohio St. 3d 116; 1998 Ohio 141; 698 N.EJd 982; 1998 Ohio LEXIS 2424, July 15, 1998, Submitted , September 16, 1998, Decided

… Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellee Consolidation Coal Co.

Youghiogheny & Ohio Coal Co. v. Pickana, No. 95-3868, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 1997 U.S. App. LEXIS 17208, July 3, 1997, FILED, NOT RECOMMENDED FOR FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 24 LIMITS CITATION TO SPECIFIC SITUATIONS. PLEASE SEE J{RULE 24 BEFORE CITING IN A PROCEEDING IN A COURT IN THE SIXTH CIRCUIT. IF CITED, A COPY ‘ MUST BE SERVED ON OTHER PARTIES AND THE COURT. THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED. , Reported in Table Case Format at: 117 FJd 1421, 1997
U.S. App. LEXIS 24067.
OVERVIEW: An employee who worked as a coal miner for 37 years was entitled to benefits under the Black Lung Benefits Act after he established a material change in his conditions, resulting in total disability caused at least partly by pneumoconiosis.

THE YOUGHIOGHENY AND OHIO COAL COMPANY, Petitioner; John G. Paleudis, Gerald Patrick Duff, Hanlon, Duff, Paleudis & Estadt,

JONIDA TRUCKING. INC. v. HUNT. No, 96-3472, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 124 FJd 739; 1997 U.S. App. LEXIS 16206: 1997 FED App. 026IP (6ih Cir.). April 21. 1997, Argued, June 26, 1 997. Decided , June 26. 1997, Filed 11 This decision was originally issued as an “unpublished decision” filed on June 26. 1997. On August 13, 1997, the court designated the opinion as one recommended for full-text publication. The Publication Status of this Document has been Changed by the Court from Unpublished to Published August 13. 1 907.
OVERVIEW: An employer of employee/claimant was not the proper party to argue that its employee’s best interests were served by allowing him to forfeit payments in an action involving black lung benefits awarded to the employee.

ARGUED: John G. Paleudis. HANLON. DUFF. PALEUDIS & ESTADT. St. Clairsville. Ohio SOLICITOR, Washington, D.C.. for Respondent. ON BRIEF: John G. Paleudis, HANLON. DUFF. PALEUDiS & ESTADT. St. Clairsville, Ohio.

State ex rel. Quarto Mining Co. v. Foreman, No. 95-248, SUPREME COURT OF OHIO, 79 Ohio St. 3d 78; 1997 Ohio 71: 679 N.EJd 706; 1997 Ohio LEXIS 1189, March 18, 1997, Submitted, June 18, 1997, Decided, As Amended June 20, 1997.
OVERVIEW: Where the employer had not raised the question of a workers’ compensation claimant’s retirement previously, it could not do so in its mandamus action. The industrial commission was not required to raise the retirement issue on its own initiative.

Hanlon, Duff, Paleudis & Estadt Co., L.P.A.. and John G. Paleudis, for appellant. La rimer & hammer and David H.

State ex rel. Consolidation Coal Co. v. Indus. Comm’n, No. 94-2708 , SUPREME COURT OF OHIO, 78 Ohio St 3d 176: 1 997 Ohio 46; 677 N.EJd 358; 1997 Ohio LEXIS 832, January 7, 1997, Submitted , April 16. 1997, Decided. As Amended.
OVERVIEW: An employer was not entitled to a writ of mandamus to prevent the Ohio Industrial Commission from paying workers’ compensation for total permanent disability where art employee sustained three-work related injuries rendering hum unable to work.

Hanlon, Duff. Paleudis & Estadt Co.. P.P.A, and John G, Paleudis. for appellant Consolidation Coal Company. R. E. Godwin   …

Reine v. Trimble, CASE NO. 95-BA-61, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY. 1997 Ohio App. LEXIS 247, January 27, 1997, Dated
OVERVIEW: A trial court erred in granting summary judgment against a widow in her claim for death benefits when she presented some evidence of an employment relationship between her husband and the trucking company for whom he worked at the time of the crash,

… M. Fenstamaker d.b.a. R & W Trucking: Atty. John G. Paleudis, 46457 National Road West, St. Clairsville, Ohio   …

Youghiogheny & Ohio Coal Co. v. Selak. No. 93-4370, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 1995 U.S. App. LEXIS 32725, October 20, 1995, FILED … THE YOUGHIOGHENY AND OHIO COAL COMPANY

Petitioner: John G. Paleudis, Hanlon, Duff, Paleudis & Estadt, St. Clairsville, OH

Davis v. Davis, CASE NO. 95-JE-15, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, JEFFERSON COUNTY, 115 Ohio App. 3d 623; 685 N.E.2d 1292; 1996 Ohio App. LEXIS 5131, November 20, 1996, Dated
OVERVIEW; A juvenile court permissibly refused to adopt a referee’s recommendation that a father be held in contempt of court for denying a mother scheduled telephone access to three children on several evenings due to the father’s activities with children.
CORE TERMS; contempt, referee, minor children, visitation, visitation rights, assignments of error, requesting, abuse of discretion, plaintiff-appellant, attorney fees

APPEARANCES:For Plaintiff-Appellant: Atty, John R. Estadt, 46457 National Road West, St. Clairsville, OH 43950.For Defendant- …

Warren v. Kennedy, CASE NO. 95-B-5, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, 1996 Ohio App. LEXIS 1915, May 15, 1996, Dated
OVERVIEW; A seller was not liable when buyers of her lot discovered that part of the lot was flooded because the purchase agreement stated that the property was being purchased after examination by the buyers, and the seller did not conceal the condition.
CORE TERMS’ purchaser, deposition, real estate, realty, single family residence, vendor, summary judgment, fraudulent misrepresentations, doing business, physical condition ,,,

3300 Jefferson Street, Bellaire, Ohio 43906,For Defendants-Appellees: Atty, John R. Estadt, 464.57 National Road, St. Clairsville, Ohio 439S0 and Atty. Frank   …

Davis v. Davis, CASE NO. 95-JE-I5, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, JEFFERSON COUNTY, 115 Ohio App. 3d 623; 685 N.E.2d 1292; 1996 Ohio App. LEXIS 5131, November 20, 1996, Dated
OVERVIEW: A juvenile court permissibly refused to adopt a referee’s recommendation that a father be held in contempt of court for denying a mother scheduled telephone access to three children on several evenings due to the father’s activities with children.

APPEARANCES for Plaintiff-Appellant; Atty. John R. Estadt, 46457 National Road West, St. Clairsville, OH   …

Warren v. Kennedy, CASE NO. 95-B-5, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY. 1996 Ohio App. LEXIS 1915, May 15, 1996, Dated
OVERVIEW; A seller was not liable when buyers of her lot discovered that part of the lot was flooded because the purchase agreement stated that the property was being purchased after examination by the buyers, and the seller did not conceal the condition.

Bellaire. Ohio 43906.For Defendants-Appellees: Any, John R, Estadt, 46457 National Road. St. Clairsville. Ohio 45950   …

Retch v. Youghiogheny & Ohio Coal Co., No. 94-3728, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 66 FJd 111; 1995 U.S. App. LEXIS 27138; 1995 FED App. 0291P (6th Cir.), August 3, 1995, Argued, September 22, 1995, Decided , September 22, 1995, Filed, Rehearing En Banc Denied November 28, 1995, Reported at: 1995 U.S. App. LEXIS 35202.
OVERVIEW: Coal company was liable for interest on payments made from Black Lung Disability Trust Fund when the government miscalculated interest and demanded additional payments; and was liable on interest accrued while challenging medical benefits only claim.

… YOUGHIOGHENY AND OHIO COAL COMPANY, Defendant – Appellant: John G. Paleudis, John R. Estadt, ARGUED, BRIEFED, Gerald Patrick …

Youghiogheny & Ohio Coal Co. v. Webb, No. 94-3096, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 49 FJd 244; 1995 U.S. App, LEXIS 4836; 1995 FED App. 0092P (6th Cir.), January 18, 1995, Argued , March 14, 1995, Decided , March 14, 1995, Filed
OVERVIEW: Personal representative of deceased miner was entitled, under Black Lung Benefits Act, to pursue claim of miner for black lung disability benefits owed to miner at his death, and evidence created interim presumption of entitlement.

… THE YOUGHIOGHENY AND OHIO COAL COMPANY, Petitioner: John G. Paleudis, ARGUED, BRIEFED, Hanlon, Duff, Paleudis & Estadt, St.

Taylor v. Triple A In The U.S.A., CASE NO. 93-B-51, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY. 107 Ohio App. 3d 14; 667 N.EJd 999; 1995 Ohio App. LEXIS 4565, October 16, 1995, Decided, As Amended,
OVERVIEW: After a state statute requiring bifurcation in intentional court cases was declared unconstitutional, a trial court could decide both liability and damages.

For Plaintiff-Appellee; John G. Paleudis, St. Clairsville, Ohio. For Defendant-Appellant: Michael

Reich v. Youghiogheny & Ohio Coal Co., No. 94-3728, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 66 F.3d 111; 1995 U.S. App, LEXIS 27138; 1995 FED App. 0291P (6th Cir.), August 3, 1995, Argued , September 22, 1995, Decided , September 22, 1995, Filed ,  Rehearing En Banc Denied November 28, 1995, Reported at: 1995 U.S. App. LEXIS 35202.
OVERVIEW: Coal company was liable for interest on payments made from Black Lung Disability Trust Fund when the government miscalculated interest and demanded additional payments; and was liable on interest accrued while challenging medical benefits only claim.
CORE TERMS: black lung, miner, coal, medical benefits, final order, prejudgment interest, calculation, interim, pneumoconiosis, claimant

… YOUGHIOGHENY AND OHIO COAL COMPANY, Defendant – Appellant: John G. Paleudis, John R. Estadt, ARGUED, BRIEFED, Gerald Patrick Duff, Hanlon, Duff, Paleudis & Estadt, St

State ex rel. Consolidation Coal Co. v. McDaniel, No. 93APDII-I557 (REGULAR CALENDAR), COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRIT, FRANKLIN COUNTY. 1994 Ohio App. LEXIS 5061, November 10. 1994, Rendered
OVERVIEW: Coal company was not entitled to with of mandamus against industrial commission and workers’
compensation bureau, where company faded o show that the commission abused its discretion in its determination of a claimant’s employment capabilities.

Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John Ci. Paleudis. for relator.RE. Goforth Co., L.P.A… and   …

Karvellis v, Wheeling-Pittsburgh Steel Corp.. CASE NO. 91-J-34. COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT. JEFFERSON COUNTY, 1994 Ohio App, LEXIS 4742. October 12. 1994, Decided
OVERVIEW: A claimant was entitled to permanent total disability compensation benefits, but the award’s effective date was not the date of the denial of her right benefit application because all of the medical reports were issued
subsequent to such denial.

HANLON, DUFF & PALEUDIS CO., L.P.A., and MR. JOHN G. PALEUDIS, for realtor. LARRIMER & LARRIMER, and MR. DAVID   …

State ex rel. Richardson v. Quarto Mining Co.. SUPREME COURT OF OHIO, 73 Ohio St. 3d 358; PNS, Ohio 128; 652 N.EJd 1027;  1  995 Ohm EEXIS 1810. June 2 1995, Submitted , August 23. 1995, Decided

… Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis. for appellant.

State ex rel. McEndree v. Consolidation Coal Co., No. 92-2515. Supreme Court of Ohio, 68 Ohio St. 3d 325; 1994 Ohio 293; 626 N.EJd 674; 1994 Ohio LEXIS 90. November 9, 1993, Submitted , February 16, 1994, Decided. As Amended,
OVERVIEW: The employee’s writ of mandamus to compel the industrial commission to grant his motion to change his election, which was made after his retirement, was denied.

Hanlon, Duff & Paleudis Co., L.P.A., and John G. Paleudis, tor respondent Consolidation Coal Company. Lee I.

State ex rel. Richardson v. Quato Mining Co., No. 93APD03-369 (REGULAR CALENDAR), COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY. 1994 Ohio App. LEXIS 146, January 20, 1994, Rendered
OVERVIEW: The industrial commission abused its discretion in refusing to grant temporary total disability compensation based upon a physician’s report. The report lacked evidence to support a denial of temporary total disability compensation.

… Ohio. Hanlon, Duff & Paleudis Co., L.P.A,, and John G. Paleudis, for respondent Quarto Mining Company.

Mudrak v. K K & H Realty Corp., CASE NO. 93-B-31, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, 1994 Ohio App. LEXIS 4739, October 12, 1994, Decided
OVERVIEW; The city had responsibility to keep the devil strip where the wife slipped and fell open, in repair, and free from nuisance, but the property owners were not liable since there was no evidence that they used the devil strip for their private benefit.
CORE TERMS; sidewalk, strip, street, municipal, nuisance, grassy, devil, municipality, repair, plaintiff-appellant’s

K K & H Realty Corp. and Kinder, Harper, Hazlett, & Hinzey; John R. Estadt, 46457 National Road West, St. Clairsville, Ohio 43950.For Defendant- …

Mudrak v. K K & H Realty Corp.. CASE NO. 93-B-31, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY. 1994 Ohio App. LEXIS 4739, October 12. 1994, Decided
OVERVIEW: The city had responsibility to keep the devil strip where the wife slipped and fell open, in repair, and free from nuisance, but the property owners were not liable since there was no evidence that they used the devil strip tor their private benefit.

Realty Corp. and Kinder. Harper, Hazlelt. & flinney: John R. Estadt, 40457 National Road West. St, Clairsville. Ohio

Gray v. Kuchinka. CASE NO. 92-B-36, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, 1993 Ohio App. LEXIS 3668, July 12, 1993, Decided
OVERVIEW; Where a contractor did not specifically assign a figure to lost profits at any point during trial, the contractor failed o prove with reasonable certainty the lost profits that were calculated by the trial judge.

For Plaintiff-Appellee: John R. Estadt, 46457 National Road West, St. Clairsville, Ohio

Gray v. Kuchinka, CASE NO. 92-B-36, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, 1993 Ohio App. LEXIS 3668, July 12, 1993, Decided
OVERVIEW; Where a contractor did not specifically assign a figure to lost profits at any point during trial, the contractor failed to prove with reasonable certainty the lost profits that were calculated by the trial judge.
CORE TERMS; lost profit, doors, profit margin, breach of contract, recovered, build

For Plaintiff-Appellee: John R. Estadt, 46457 National Road West, St. Clairsville, Ohio 43950.For Defendant- …

Youghiogheny & Ohio Coal Co. v. McAngues, No. 92-3765, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 996 FJd 130; 1993 U.S. App. LEXIS 13757, May 4, 1993, Argued, June 15, 1993, Decided, June 15, 1993, Filed
OVERVIEW: The court aimed a decision to award applicant benefits for pneumoconiosis because his total pulmonary disability was caused at least in pan by his exposure to coal, despite the fact that he suffered disabling injuries in a vehicular accident.

… THE YOUGHIOGHENY AND OHIO COAL COMPANY, Petitioner: John G. Paleudis, ARGUED, BRIEFED, 614-695-1444, Hanlon, Duff & Estadt, St.    …

Youghiogheny & Ohio Coal Co. v. Vahalik, No. 91-3953, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 970 FJd 161; 1992 U.S. App, LEXIS 16083, June 8, 1992, Argued. July 16, 1992, Decided, July 1 6, 1992, Filed
OVERVIEW: Dismissal of oil company’s appeal was appropriate because neither an administrative law judge nor the Benefits Review Board had subject matter jurisdiction over the claim.
YOUGHIOGHENY AND OHIO COAL COMPANY. Petitioner: John G, Paleudis, 614-695-1444, John R. Estadt, ARGUED,   …

State ex rel. Consolidation Coal Co, v. Yance, No. 90-2347, Supreme Court of Ohio, 63 Ohio St. 3d 460: 588 N.EJd 845; 1992 Ohio LEXIS 634, January 14, 1992, Submitted , April 15, 1992, Decided
OVERVIEW; Because voluntary retirement precluded receipt of permanent total disability benefits, the miner’s claim was returned to the Industrial Commission for further proceedings to explore the circumstances that precipitated the miner’s retirement.

Hanlon, Duff & Paleudis Co., L.P.A., and John G. Paleudis, for appellant. Paul A. Pachuta, for appellee …

State ex rel. Murray v. Industrial Com. of Ohio, Nos. 90-657, 91-42, Supreme Court of Ohio, 63 Ohio St. 3d 473; 588 N.EJd 855; 1992 Ohio LEXIS 648, January 7, 1992, Submitted , April 15, 1992, Decided
OVERVIEW: While not expressly addressing the contemporaneous payment of permanent partial disability compensation and permanent total disability compensation for the same injury, the Ohio statute evinced a legislative intent to prohibit simultaneous receipt.

Hanlon, Duff, & Paleudis Co., L.P.A., and John G. Paleudis, tor appellee Consolidation Coal Company in case

Youghiogheny & Ohio Coal Co. v. Vahaltk, No. 91-3953, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 970 F.2d 161; 1992 U.S. App. LEXIS 16083, June S, 1992, Argued , July 16, 1992, Decided , July 16, 1992, Filed
OVERVIEW: Dismissal of oil company’s appeal was appropriate because neither an administrative law judge nor the Benefits Review Board had subject matter jurisdiction over the claim.
CORE TERMS; administrative law, interim, benefits paid, matter jurisdiction, repayment, claimant, neglect to pay, eligibility, vested, equitable estoppel

… OHIO COAL COMPANY, Petitioner: John G. Paleudis, 614-695-1444, John R. Estadt, ARGUED, BRIEFED, Hanlon, Duff & Paleudis, 46457 National Road, W., St,

State ex rel. Youghiogheny & Ohio Coal Co. v. Zelek, No. 90-1584, Supreme Court of Ohio, 62 Ohio St. 3d 305; 581 N.EJd 1092; 1991 Ohio LEXIS 2974, October 8. 1991, Submitted , December 24, 1991, Decided
OVERVIEWS: Industrial commission’s boilerplate recitation of nonmedical disability factors did not satisfy
requirement that commission specifically state the evidence relied upon and briefly explain its reasoning for a workers’ compensation award to a claimant.

Hanlon, Duff & Paleudis Co., L.P.A,, and John G, Paleudis, for appellant. Larimer & Larimer and David H.

Muze v. Mayield, No. 90-1985, Supreme Court of Ohio, 61 Ohio St. 3d 173; 573 N.EJd 1078: 1991 Ohio LEXIS 1 745. May 8, 1991, Submitted . July 24, 1991, Decided
OVERVIEW: Attorney’s fees were not included in litigation costs unless specifically provided by statute. There was no statutory basis tor the conclusion that attorney’s fees were included in die costs of a previously dismissed action payable to a defendant.

Appellee,Hanlon, Duff & Paleudis Co.. L.P.A.. and John G. Paleudis, for appellant.

Taylor v. Triple A in U.S.A.. Inc., Case No. 90-B-13, Court of Appeals of Ohio, Seventh Appellate District. Belmont County, 1991 Ohio App. LEXIS 3647, August I, 1991
OVERVIEW: An employee seeking damages due to a workplace intentional tot met her burden of proving that her employer had the clear and specific knowledge and belief that an unguarded press operated by the employee was
substantially certain to cause injury.

For Plaintiff-Appellee: John G. Paleudis, St. Clairsville, Ohio. For Defendant-Appellant: Robert

Cork v. Quato Mining Co., Case No. 655, Court of Appeals of Ohio, Seventh Appellate District, Monroe County, 1991 Ohio App. LEXIS 984, March 12, 1991
OVERVIEW: Employee was entitled to further workers’ compensation benefits for a psychological disorder related to his allowed physical injury because it was supported by the admissible expert testimony of his qualified psychologist.

… For Employer-Appellant, Quarto Mining Company: Atty. John G, Paleudis, St. Clairsville, Ohio. For Appellee,

Skalsky v. Hairston, Case No. 90-B-20, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1991 Ohio App. LEXIS 4932, October 15, 1991
OVERVIEW; The state human services department properly terminated Medicaid assistance to benefit recipients as a trust constituted an asset in excess of the resource limitation and the recipients did not demonstrate that the trust was unavailable and exempt.
CORE TERMS; assignments of error, unavailable, newly, legal action, discovered evidence, distribute, guardian, exempt, administrative appeal, trust agreement…

For Plaintiffs-Appellants: John R, Estadt, Lodge L. Hanlon, St. Clairsville, Ohio. For Defendant-Appellee: Lee  …

Skalsky v. Hairston, Case No. 9G-B-20, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1991 Ohio App. LEXIS 4932, October 15, 1991
OVERVIEW: The state human services department properly terminated Medicaid assistance to benefit recipients as a trust constituted an asset in excess of the resource limitation and the recipients did not demonstrate that the trust was unavailable and exempt.

For Plaintiffs-Appellants: John R. Estadt, Lodge L. Hanlon, St, Clairsville, Ohio. For   …

State v. Hissom, Case No, 89-B-31, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1990 Ohio App. LEXIS 3177, August 2, 1990, Decided
OVERVIEW; Defendant was charged with a violation of a first-degree misdemeanor and therefore had to be brought to trial within ninety days after his arrest or the service of summons or his right to a speedy trial ‘would have been denied.
CORE TERMS: assignment of error, breath test, noncompliance, overruling, arrest, discharged, scheduled, compute

OAKLEY, Asst. Prosecuting Attorney, St. Clairsville, Ohio. For Defendant-Appellant, JOHN R. ESTADT, HANLON, DUFF & PALEUDIS CO., L.P.A., St. Clairsville, Ohio……..

State ex rel. Consolidation Coal Co. v. Yance, No. 88AP-1179, Court of Appeals of Ohio, Tenth Appellate District, Franklin County, 1990 Ohio App. EEXIS 4545, October 16, 1990, Rendered
OVERVIEW: When an injury prevented an employee from pursuing the job for which he was trained, and his
vocational and educational training precluded him from seeking other employment, he was properly found permanently and totally disabled.

HANLON, DUFF & PALEUDIS CO., L.P.A,, and MR. JOHN G. PALEUDIS. for relators. PAUL A. PACHUTA. lor

Muze v. Y & O Coal Co., Case No. 422, Court of Appeals of Ohio, Seventh Appellate District. Harrison County, 1990 Ohio App, LEXIS 3760, August 29. 1990
OVERVIEW: Where there was no binding of bad faith or frivolousness. and no statutory authority, there could be no award of attorneys’ fees or litigation expenses as part of an award of costs.

Appellee. I’lie Y &. O Coal Co.: Atty. John G, Paleudis, St. Clairsville. Ohio. For Administrator. Bureau of   …

State ex rel. Youghiogheny & Ohio Coal Co. v. /.elek. No. 89AP-9UE Court of Appeals of Ohm. Tenth Appellate District. Franklin County,  1  990 Ohio App. EEXIS 2999, July 19. 1990, Rendered For Plaintiff Appellant Cross

Appellee: Attorney John G. Paleudis, Attorney Michael P. McConnick, St. Clairsville, Ohio

State ex rel. Youghiogheny & Ohio Coal Co. v. Redder, No, 89-816. Supreme Court of Ohio. 85 Ohio St. 3d 109; 564 N.EJd 76; 1990 Ohio EEXIS 1505, August 29, 1990, Submitted . December 5. 1990, Decided, Rehearing Dented January 16, 1990. As Corrected.
OVERVIEW: An employee should not have been awarded temporary total compensation benefits for his accepted work-related injury because no evidence supported a binding that his condition was temporary but showed he had reached a maximum level of recovery.

Hanlon, DulT& Paleudis Co., L.P.A., and John G. Paleudis, for appellee. Larrimer & Larrimer and David H.

State v. Htssom, Case No, S9-B-3I, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1990 Ohio App. LEXIS 3177, August 2, 1990, Decided
OVERVIEW: Defendant was charged with a violation of a first-degree misdemeanor and therefore had to be brought to trial within ninety days later his arrest or the service of summons or his right to a speedy trial would have been denied.

… Attorney, St. Clairsville, Ohio. For Defendant-Appellant JOHN R. ESTADT, HANLON, DUFF & PALEUDIS CO., L.P.A., St. Clairsville,

JetTers v. Olexo, No. 88-470 , Supreme Court of Ohio, 43 Ohio St. 3d 140; 539 N.EJd 614; 1989 Ohio LEXIS 97, March 28, 1989, Submitted , June 7, 1989, Decided
OVERVIEW: Tank owner was not negligent when its actions were not proximate cause of death to person who inhaled helium, and property owner was not negligent because it only owed a duty not to injure decedent by willful or wanton misconduct.

… Jeffers. Hanlon, Duff & Paleudis Co., L.P.A., and John G. Paleudis, for appellant James C. Dawes Co., Inc.

State ex rel. Basham v. Consolidation Coal Co., No. 88-349, Supreme Court of Ohio, 43 Ohio St. 3d 151; 541 N.EJd 47; 1989 Ohio LEXIS 100, March 28, 1989, Submitted , June 7, 1989, Decided
OVERVIEW: Because an industrial commission failed to specify in its order denying permanent total disability benefits to a claimant that it had considered nonmedical disability factors such as age, education, work record, and others, a remand was proper.

… appellee. Hanlon, Duff & Paleudis Co., L.P.A., and John G. Paleudis, for appellant.

Director. Oice of Workers’ Compensation Programs v. Oglebay Norton Co., No. 88-3512. UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. 877 FJtl 1300: 1989 U.S. App. I..EX1S 9047. April 21. 1989,
Argued . June 23. U89, Decided , June 23,  1989, Filed .  Rehearing and Rehearing En Banc Denied August M, 198
OVERVIEW: Dismissal of company as the responsible operator in a black lung widows’ benefits case was improper because the administrative law judge improperly concluded that company should have been dismissed.

… Solieitro. Washington, District of Columbia, for Petitioner. John G. Paleudis, (argued,) Hanlon, Duff & Paleudis, St. Clairsville, Ohio,

Palmer v. Quarto Mining Co., Case No!” 640, Court of Appeals of Ohio, Seventh Appellate District, Monroe County, 1989 Ohio App. LEXIS 3569, September 15, 1989, Decided

… L. Riseling, Columbus, Ohio, For Plaintiff-Appeilant. John G. Paleudis, Columbus, Ohio, .Anthony J. Celebrezze, Jr., Attorney   …

State ex rel. Youghiogheny & Ohio Coal Co. v. Industial Com. of Ohio, No. 87AP-651, Court of Appeals of Ohio, Tenth Appellate District, Franklin County, 1989 Ohio App. LEXIS 1199, March 30, 1989, Decided
OVERVIEW: Employer was entitled to writ of mandamus to compel the Industrial Commission of Ohio to determine properly an employee’s application for permanent and total disability and to specifically state the basis for its determination.

HANLON, DUFF & PALEUDIS CO., L.P.A., and MR. JOHN G PALEUDIS, for relator. MR. ANTHONY J. CELE¨ BREZZE, JR.,   …

State ex rel. Youghiogheny & Ohio Coal Co. v. Industrial Com. of Ohio. No. 87AP-83 1, Court of Appeals of Ohio, Tenth Appellate District, Franklin County, 1989 Ohio App. LEXIS 954, March 14, 1989, Decided
OVERVIEW: An employer was entitled to mandamus relief to vacate an order of the Industrial Commission of Ohio that continued claimant’s temporary total benefits even though claimant’s condition had become permanent when, he reached maximum medical improvement.

HANLON, DUFF &. PALEUDIS CO.. L.P.A,, and MR. JOHN G. PALEUDIS, for relator. MR. ANTHONY J. CELE¨ BREZZE. JR.,

McCammon v. Hannahs, Case No. 87-B-23, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1989 Ohio App. LEXIS 3034, August 2, 1989, Decided
OVERVIEW: Appellant’s complaint to determine heirship to an estate was properly dismissed because she failed to establish a common law marriage with the decedent by clear and convincing evidence.
CORE TERMS; decedent’s, marriage, decedent’s death, convincing evidence,
housekeeper, designation, married, common law marriage, husband and wife, praesenti

Thomas A. Hampton, Barnesville, Ohio, For Plaintiff-Appellant. John R. Estadt, St. Clairsville, Ohio, For Defendants-Appellees.

Ondrick v. Ondrick, Case No. 88-B-37, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1989 Ohio App. LEXIS 2544, June 21, 1989, Decided
OVERVIEW; A trial court had sufficient evidence to award a father the custody of the parties’ minor child where the evidence showed that he was the primary caregiver and that the best interests of the child would best be served by awarding the father custody.
CORE TERMS; custody, assignment of error, best interests, custody matters, minor child, primary caretaker, defendant-appellant, custody proceeding, relevant factors, interaction

… John R. Estadt, Hanlon, Duff & Paleudis Co., LPA, St. Clairsville, Ohio, For Plaintiff- ..

McCammon v. Hannahs, Case No. 87-B-23, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1989 Ohio App. LEXIS 3034, August 2, 1989, Decided
OVERVIEW: Appellant’s complaint to determine heirship to an estate was properly dismissed because she failed to establish a common law marriage with the decedent by clear and convincing evidence.

… A. Hampton, Barnesville, Ohio, For Plainiff-Appellant John R. Estadt, St. Clairsville, Ohio, For Defendants-Appellees.

Ondick v. Ondick, Case No. 88-B-37. Court of Appeals of Ohio, Seventh Appellate District, Belmont: County, 1989 Ohio App. LEXIS 2544, June 21, 1989. Decided
OVERVIEW:   A trial court had sufficient evidence to award a father die custody of the parties* minor child where the evidence showed that lie was the primary caregiver and that the best interests of the child would best be served by awarding the father custody.

John R. Estadt, Hanlon, Do” A Paleudis Co., LPA, St. Clairsville,   …

Lewis v. Tucker. Case No, 8743-24, Court of .Appeals of Ohio, Seventh Appellate District, Belmont County, 1988
Ohio App, LEXIS 2143, June 6, 1988, Decided
OVERVIEW: Summary judgment was improperly granted in a nuisance action where there were conflicting affidavits as to whether a horse kept on property created a stench. Whether the complaining parties should have known about the horse was to be decided.

John G. Paleudis. Si. Clairsville. Ohio, tor Plaintilfs-Appellees Gary

Connors v. Oglebay Norton Co.. No. 87-3799, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 848 F.2d 84: 1988 U.S. App. LEXIS 7485, May 2, 1988. .Argued , June 3, 1988, Decided , June 3. 1988, Filed

… Cole, Jr., Israel Goldowitz, Attorneys for Appellant. John G. Paleudis, argued, Gerald P. Duff, Hanlon, Duff & Paleudis

Youghiogheny & Ohio Coal Co. v. Warren, No. 86-3778, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 841 FJd 134; 1987 U.S. App. LEXIS 17631, July 31, 1987, Argued , September 30, 1987, Decided, September 30, 1987, Filed
OVERVIEW: An employee was entitled to benefits under the Black Lung Benefits Act because there was substantial evidence that his disability was due to pneumoconiosis.

John G. Paleudis (argued), Hanlon, Duff & Paleudis, Co., for Appellant.

Saginaw Mining Co. v. Mazzulli, No, 86-3370, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 818 FJd 1278; 1987 U.S. App. LEXIS 6384, March 30, 1987, Argued , May 19, 1987, Decided , May 19, 1987, Filed
OVERVIEW: Claimant for benefits under the Black Lung Benefits Act must Ile with a deputy commissioner of Benefits Review Board, rather than an administrative law judge (ALJ), a request for modification of an ALJ decision regarding entitlement to benefits.

John G. Paleudis (Argued), Hanlon, Duff & Paleudis, Co.. .Attorney for …

Youghiogheny & Ohio Coal Co. v. Baker, No. 86-3009, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 815 FJd 422; 1987 U.S. App. LEXIS 4430, February 16, 1987, Argued , April 3, 1987, Decided , April 3, 1987, Filed
OVERVIEW: Benefits Review Board’s decision that employer would be liable for employee’s black lung benefits was not a initial order and collateral order rule was inapplicable where the transfer decision was reviewable after a decision on the events.

John G. Paleudis of Hanlon, Duff & Paleudis, for Appellant. Benefits

State ex rel. Youghioghceny v. Industrial Com. of Ohio. No. 86AP-737, Court of Appeals of Ohio, Tenth Appellate District, Franklin County, 1987 Ohio App. LEXIS 8270, August 6, 1987, Decided
OVERVIEW:  The court denied an employer’s wit of mandamus to compel the Industrial Commission to vacate its order allowing the claimant to reactivate his claim and pay for surgery contemplated because the employer failed to exhaust its administrative remedies.

HANLON, DUFF & PALEUDIS CO., JOHN G. PALEUDIS, for relator. MR. ANTHONY J. CELEBREZZE, JR.,   …

Consolidation Coal Co, v. Yance. No. 84-J-27, Court of Appeals of Ohio, Seventh Appellate District, Jefferson County, 1986 Ohio App. LEXIS 8038, August 26, 1986
OVERVIEW:   A judgment that a miner was entitled o benefits provided by Ohio Workers’ Compensation Law for claim that he had pneumoconiosis or “black lung,” an occupational disease, was proper because miner’s cross-examination of employer’s experts was proper.

For Employer-Appellant: Atty, John G. Paleudis For Claimant-Appellee: Atty. Paul Pachuta For   …

STATE v. HENNEN, No. 86-B-2, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1986 Ohio App. LEXIS 9631, December 2, 1986, Decided
OVERVIEW; Breathalyzer test result was admissible only if test was administered within two hours of alleged violation, and defendant’s conviction was reversed where officer who investigated one-car accident could not establish time that defendant was driving.
CORE TERMS: trooper, motor vehicle, Breathalyzer, scene, suppress, tire, state trooper, establishment, administered, happened

… Attorney; Robert W. Quirk, Asst. Prosecuting Attorney, for Plaintiff-Appellee John R, Estadt, for Defendant-Appellant  …

STATE v. HENNEN, No. 86-B-2, Court of Appeals of Ohio, Seventh Appellate District, Belmont County, 1986 Ohio App. LEXIS 9631, December 2, i 986, Decided
OVERVIEW:   Breathalyzer test result was admissible only if test was administered within two hours of alleged violation, and defendant’s conviction was reversed where officer who investigated one-car accident could not establish time that defendant was driving,

… Quirk. Asst, Prosecuting Attorney, for Plaintiff-Appellee John R. Estadt, tor Defendant-Appellant

Kolesar v. Youghiogheny & Ohio Coal Co., No, 84-3206. UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. 760 FJd 728; 1985 U.S. App, LEXIS 31075. January 11, 1985, Argued , May 3, 1985, Decided
OVERVIEW: In a claim for Mack lung benefits, miner’s age was not a factor in the court’s determination of whether he was able to perform his usual coal mine work.

Armstrong, Argued. Clairsville. Ohio, Kinder. Kinder & Hanlon, John G. Paleudis, tor Respondents.

State ex rel. Consolidation Coal Co. v. Industrial Com. of Ohio, No. 84-1201, Supreme Court of Ohio, 18 Ohio St. 3d 281; 480 N.EJd
807; 1985 Ohio LEXIS 417; 18 Ohio B. Rep. 333, July 24, 1985, Decided
OVERVIEW: Employer’s writ to compel Industrial Commission of Ohio to vacate an order was properly denied because employer had an
adequate remedy at law due to Commission’s jurisdictional determination that employee’s letter was an application for compensation.

Hankm. Duff & Paleudis and John G. Paleudis, for appellant. Anthony J. Celebrezze, Jr., attorney …

BROWN v. FRYMAN, Case No. 84-B-53, Court of Appeals, Seventh Appellate District of Ohio. Belmont County, Ohio, 1985 Ohio App. LEXIS 8681, September 5, 1985
OVERVIEW: Summary judgment was proper for the employer in a suit by an employee seeking recovery for allegedly totious conduct where the employee failed to submit any documents opposing the motion for summary judgment,

Appellee, Frederick P. Fryman. GERALD DUFF and JOHN G. PALEUDIS, 46770 National Road, West, St. Clairsville. Ohio

GEORGE v. BELMONT CTY. NATL. BANK, No, 84-B-12. Court of Appeals, Seventh Appellate District of Ohio. Belmont County, Ohio, 1 985 Ohio App. LEXIS 8412, August 2. 1985
OVERVIEW: Bank’s agreement to prohibit unauthorized persons from access to safe deposit box was not negated by exculpatory language that saved the bank harmless from any direct or indirect theft or loss from the safe deposit box,

St. Clairsville. Ohio 43950. tor Plaintiff-Appellee. John G. Paleudis. 185 West Main Street, St. Clairsville. Ohio

State v. Indus Comm of Ohio No. 83 AP-1099 COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT 1984 Ohio App. LEXIS 10491 July 19, 1984
OVERVIEW: An employer’s wit of mandamus action to order the Industrial Commission to consider the extent of an employee’s temporary total disability was tiled prematurely because the Commission’s determination was still under appeal by the employer.

MESSRS. KINDER, KINDER & HANLON, and MR. JOHN G. PALEUDIS. for relator. MR. ANTHONY J, CELE¨ BREZZE, JR

State v. industrial Comm. of Ohio, No. 83AP-983, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, 1984 Ohio App. LEXIS 10014, June 7, 1984
OVERVIEW: Because a decision that the right to compensation was not time barred constituted a decision on the claimant’s right to participate in the workers’ compensation fund, it was appealable, and therefore the employer had an adequate remedy at law.

MESSRS. KINDER, KINDER & HANLON, and MR. JOHN G. PALEUDIS, for relator. MR. ANTHONY J. CELE¨ BREZZE, JR.,   …

Youghiogheny A Ohio Coal Co. v. Benefits Renew Bd. No, 83-3488. UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. 745 FJd 380; 1984 U.S. App. LEXIS 17918. June 7, 1984, Argued . October 5, 1984
OVERVIEW:   The hearing officer’s decision denying the employer’s request for further hearing in this case did not become effective, and the thirty-day appeal time did not begin to run. until the decision was served on the parties.

Duff, Kinder, Kinder & Hanlon, St. Clairsville, Ohio, John G. Paleudis, for Appellant. Paul A. Pachuta. Reynolds burg, Ohio,

Hanlon Ins. Agency v. Midwestern indent. Co., NO. 82-B-l. COURT OF APPEALS, SEVENTH APPELLATE DISTRICT. BELMONT COUNTY, OHIO, 1983 Ohio App. LEXIS 14158, August 11, 1983.
OVERVIEW: It was not a violation of an agent’s property rights for the insurer to inform the agent’s policyholders
that it would not renew their policy because the insurer was required by statutory law and express policy terms to do so.

John G. Paleudis, St. Clairsville, Ohio, for Plaintiff-Appellant, (Cross- …

Consolidation Coal Co. -vs- Jarrett, NO. 371, COURT OF APPEALS, SEVENTH APPELLATE DISTRICT, HARRISON COUNTY, OHIO, 1983 Ohio App. LEXIS 14129, May 19, 1983
OVERVIEW: Appellate rule providing for applications for reconsideration was only rule of appellate procedure which provided for vacation of judgment entered in cause or motion on appeal. It barred application of civil rule providing for relief from judgment,

Gerald Duff and John G, Paleudis, St. Clairsville, Ohio for Consolidation Coal Company.

Consolidated Coal -vs- Hendershot, NO. 380, COURT OF APPEALS, SEVENTH APPELLATE DISTRICT, HARRISON COUNTY, OHIO. 1983 Ohio App. LEXIS 14926, April 5, 1983
OVERVIEW; Where a workers* compensation claimant died before judicial review proceedings commenced in the trial court, the proceedings had to be dismissed as there was no substitute party and the claim was extinguished by the claimant’s death.

John G, Paleudis, St. Clairsville, Ohio, for Employer-Appellant. Paul

Hams vs. Lightning Rod Mutual Insurance Co., NO. S2-B-S. COURT OF APPEALS. SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, OHIO. 1983 Ohio App. LEXIS 14159, January 21. 1983
OVERVIEW: Trial court had jurisdiction to vacate order dismissing insureds’ suit, which sought recover/ for property damage under insurer’s policy, when there was no remand after insureds’ appeal was voluntarily dismissed; court did not abuse discretion,

Lancione, Bellaire, Ohio for Plaintiffs 0 Appellees John G. Paleudis, St. Clairsville, Ohio for Defendant – Appellant