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Category: Recognition

Walter | Haverfield Attorney Joins Board of the Federal Bar Association – Northern District of Ohio Chapter


October 2, 2020

October 2, 2020 

Mark Fusco, a partner at Walter | Haverfield who focuses his practice on litigation, was recently appointed to the Board of the Federal Bar Association – Northern District of Ohio Chapter (FBA-NDOH). Mark is one of 72 board members, which include active bench and active past presidents.

The FBA-NDOH is a professional organization for attorneys and judges who practice in the federal system or have an interest in federal law. It is dedicated to the advancement of the science of jurisprudence and the promotion of the welfare, interests, education, and professional development of all attorneys involved in federal law. FBA-NDOH members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The organization serves more than 500 members in the Northern District of Ohio, including Toledo, Cleveland, Akron, Canton, and Youngstown.

“Mark is a highly accomplished litigator whose skillset will serve him well on the Board,” said Ralph Cascarilla, Walter | Haverfield Managing Partner. “I am confident that he will make meaningful contributions to the organization and serve as a strong liaison to its members.”

Mark leads litigation teams focused on the defense of employment claims, has extensive experience arguing key pretrial motions, and has tried several cases to verdict. He is currently managing the defense of several collective actions in Federal Court. He also has appellate experience and has briefed and argued cases in the 5th, 8th, 9th and 11th Ohio appellate districts and the U.S. Court of Appeals for the Sixth Circuit. Mark recently expanded his practice to include representation of school boards and other educational entities in business disputes.

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public organizations and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Today, our team of nearly 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, tax and wealth management, hospitality and liquor control, litigation, public law and education.

 

Walter | Haverfield Secures Victory for Client in Ohio Supreme Court Case


September 18, 2020

September 18, 2020 

On September 16, 2020, the Supreme Court of Ohio ruled in favor of the Village of Put-in-Bay’s imposition of a tax on owners of vehicles available for hire. Walter | Haverfield partner, Benjamin Chojnacki and former Walter | Haverfield partner, Susan Keating Anderson represented the Village in the case against a Put-in-Bay business owner.

In Village of Put-in-Bay v. Mathys et al, the Village charged the business owner for failure to pay the annual license fee on each of the golf carts that he rents out for use in the Village.

The case proceeded all the way to Ohio’s high court which addressed two propositions of law:

  1. Because Ohio licenses vehicles for use on all public roadways in exchange for payment of an annual statutory tax on vehicles, no municipality in this state may levy an additional local tax for similar purposes—otherwise, localities could negate or attach additional strings to statewide licenses.
  2. Under Ohio Constitution Art. XII, Section 5a, any moneys collected from taxes levied on motor vehicles must be expended solely for a statutory purpose, therefore, a statute—not an ordinance—must enable the expenditure, and hence the exaction, of a vehicle tax.

Implicit within the first proposition of law is the owner’s contention that the Village ordinance was preempted by state law which provides for a statutory scheme that taxes vehicle licensure, the proceeds of which pay the expense of administering laws related to registration of motor vehicles and maintaining and repairing state roadways. To this point, the Supreme Court of Ohio reasoned that the General Assembly’s enactment of a statewide vehicle tax is not the equivalent of a municipal ordinance which imposes a business tax on owners of vehicles for hire. The Court placed great emphasis on the fact that Put-in-Bay’s ordinance does not impose a license tax on the operation of motor vehicles in general, but rather, Put-in-Bay’s ordinance imposes a tax on those wishing to have the privilege of operating a vehicle rental business in the village.

As to the second proposition of law accepted, the Court determined that Section 858.01 did not run afoul of Article XII §5a of the Ohio Constitution which requires, in part, that money derived from “fees, excises, or license taxes” relating to registration, operation, or use of motor vehicles on public highways shall not be used for purposes other than the costs associated with administering those laws and construction, maintenance, and repair of public highways and bridges. The Court quickly dismissed the business owner’s second proposition of law by distinguishing the business tax in Section 858.01 of Put-in-Bay’s ordinances from a state law tax on the operation or use of vehicles on public highways.

This decision solidifies the principle that there must be an express act of restriction present in order for a state law to be said to preempt a local ordinance and lends further support to a municipality’s home rule authority.

If you have any questions regarding this case and its implications, please reach out to the Walter | Haverfield Public Law Group here.

Wesley M. Kretch is an associate at Walter | Haverfield who focuses his practice on public law. He can be reached at wkretch@walterhav.com or at 216.658.6216.

Two Walter | Haverfield Attorneys Recognized by Cleveland Jewish News as Difference Makers


September 11, 2020

September 11, 2020

Cleveland Jewish News, a weekly online and print publication, has recognized Walter | Haverfield attorneys, Charles Daroff and Miriam Pearlmutter, in its 2020 class of Difference Makers. Difference Makers are characterized as those who are making an impact within Cleveland’s Jewish community and display “mensch-like” characteristics including honor and integrity. This year’s class, composed of 18 individuals, are leaders and volunteers in Northeast Ohio.

“We appreciate Charles and Miriam for their meaningful contributions to our community,” said Ralph Cascarilla, Walter | Haverfield Managing Partner. “Their dedication directly impacts local residents and in turn strengthens our region.”

Charles Daroff is a partner at Walter | Haverfield and a nationally recognized leader in the practice of real estate law. Charles has taken great pride in being an active member of his congregation, B’nai Jeshurun, by serving as a legal advisor, member of the Executive Committee and a member of the Board of Trustees. He has also represented the Jewish Federation of Cleveland, and some of its member agencies, in real estate transactions. Charles served on the Board of Trustees of the Joseph & Florence Mandel Jewish Day School, where he worked on several real estate projects on a pro bono basis. Lastly, Charles is an active member of the Ohio Chapter of the Friends of the Israel Defense Forces (FIDF).

Miriam Pearlmutter is an associate at Walter | Haverfield who focuses her practice on education law. Miriam finds meaning in working with foster children as well as non-native migrants to the U.S. She enjoys offering a welcoming home to those who may not have one themselves. Furthermore, Miriam appreciates her involvement with Milestones Autism Resources, as she worked with children with disabilities in her previous career as a school psychologist. In the next year, she plans to become even more involved with Jewish Family Services and Providence House, a crisis nursery committed to child abuse prevention and family preservation in the Cleveland area.

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public organizations and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Today, our team of nearly 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, tax and wealth management, hospitality and liquor control, litigation, public law and education.

 

 

Two Walter | Haverfield Attorneys Selected as “Lawyer of the Year” by Best Lawyers®


August 20, 2020

August 20, 2020 

Best Lawyers®, a prominent worldwide attorney ranking publication, has recognized Todd Hunt and Christina Peer as “Lawyer of the Year” for its 2021 U.S. edition. Hunt and Peer are partners at Walter | Haverfield.

“Lawyer of the Year” recognition is awarded to individual lawyers with the highest overall peer feedback during the Best Lawyers® research process. Only one lawyer is selected as “Lawyer of the Year” within a designated practice area and region.

More than 65,000 attorneys in 147 practice areas are recognized in the 2021 edition of Best Lawyers in America®. Individual selections are based on more than 8 million evaluations. At Walter | Haverfield, nearly half of all of the firm’s attorneys are included in the latest edition.

Lawyer of the Year

Todd Hunt – Land Use and Zoning Law: Todd Hunt, partner at Walter | Haverfield, has managed and tried a wide range of civil and administrative cases and counsels business owners, developers and public officials on related matters involving land use, zoning, entitlements, and development incentives. He has also successfully handled a variety of cases involving tort and civil rights, construction contracts, and general government authority issues. Hunt serves as special counsel to several cities, villages, townships, other governmental entities and taxing authorities throughout Ohio. Furthermore, he serves as general counsel for a Division I college sports conference and handles its transactional matters and multi-faceted litigation.

Christina Peer – Education Law: Christina Peer, chair of the Walter | Haverfield Education Practice Group, provides counsel to boards of education on state and federal laws on a wide variety of topics including student discipline, employee grievances, employee discipline, student privacy, and the drafting and implementation of board policies. Peer also represents boards of education in employment-related matters such as defense of employment discrimination claims brought under Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, and other claims arising from terminations. Peer’s practice places a particular emphasis on counseling boards of education regarding issues related to the education of students with disabilities. In these matters, Peer assists school districts with the development of educational plans for students with disabilities and in resolving related disputes. She also represents school districts before the Ohio Department of Education and the U.S. Department of Education’s Office for Civil Rights.

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public entities and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Our track record has allowed us to sustain year-after-year growth. Walter | Haverfield has doubled its size in the past decade to become one of the top ten Cleveland-based law firms. Today, our team of nearly 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, education, tax and wealth management, hospitality and liquor control, litigation and public law.

Nearly Half of All Walter | Haverfield Attorneys Selected for Inclusion in Best Lawyers®


August 20, 2020 

Walter | Haverfield is proud to announce that 38 of the firm’s attorneys have been recognized in the 2021 edition of Best Lawyers®, a prominent, worldwide attorney ranking publication. Individuals are recognized by Best Lawyers® only after exhaustive peer review surveys in which leading attorneys evaluate their peers anonymously.

Additionally, two Walter | Haverfield attorneys have been recognized as “Lawyer of the Year.” This additional recognition is awarded to individuals with the highest overall peer feedback for a specific practice area and region.

Lawyer of the Year

Best Lawyers 

Ones to Watch 

This level of award is reserved for attorneys who are early in their careers and demonstrate outstanding professional excellence in private practice. They are also recognized by peer review surveys.

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public organizations and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Today, our team of nearly 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, tax and wealth management, hospitality and liquor control, litigation, public law and education.

Walter | Haverfield’s Real Estate Team Recognized by Chambers USA


May 29, 2020

May 29, 2020

Chambers USA, an affiliate of Chambers and Partners, the world’s leading ranking service of top lawyers and law firms, has selected Walter | Haverfield’s Real Estate Team to be ranked in its 2020 USA guide for Ohio. This is the first time the group has been recognized by Chambers, and Walter | Haverfield is one of 19 Ohio firms to be recognized by Chambers for its real estate group.

The positive client feedback that Chambers USA received about the Walter | Haverfield Real Estate team was the driving factor to achieving the ranking. Testimonials published by Chambers on its website state that the team is “a good group of lawyers,” who “really know what they are doing.”

Other factors that helped earn the team the ranking include the acquisition of the Cleveland-area real estate firm, Hurtuk & Daroff, as well as three Chambers-ranked Walter | Haverfield real estate lawyers: Charles Daroff, Ed Hurtuk and Irene MacDougall.

Additional client testimonials published on the Chambers’ website state that Charles Daroff is well-reputed for his strong capabilities in various elements of real estate transactional work. Ed Hurtuk comes recommended for his broad capabilities in commercial real estate and finance work, where he is described as “skilled and very strong.” Irene MacDougall is a “very good, technical practitioner” who has “incredible knowledge” in all aspects of real estate financing and development transactions.

Charles Daroff, Ed Hurtuk and Irene MacDougall are among five Walter | Haverfield attorneys recognized by Chambers USA in its 2020 guide for Ohio. The other two are Ralph Cascarilla, managing partner of Walter | Haverfield, and Mark Wallach, a partner at the firm. Cascarilla is recognized for litigation: white-collar crime and government investigations. Wallach is recognized for litigation: general commercial.

Walter | Haverfield’s Real Estate team has played an integral role in transforming Northeast Ohio by supporting more than $1.5 billion worth of regional development since 2013. The group represents a wide range of clients from Cleveland’s thriving theater and entertainment districts to the region’s industrial and distribution companies. It also represents leading retailers in leasing activities throughout North America as well as developers in the acquisition, redevelopment and financing of warehouses, offices and industrial buildings.

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public organizations and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Today, our team of nearly 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, tax and wealth management, hospitality and liquor control, litigation, public law and education.

 

Walter | Haverfield Elects Four New Partners


May 1, 2020

Ben ChojnackiJames McWeenyJamie PricePeter Zawadski

 

 

 

 

 

May 1, 2020 

Walter | Haverfield is pleased to announce four attorneys – Ben Chojnacki, James McWeeney, Jamie Price and Peter Zawadski – have been elected to the firm’s partnership based on their professional achievements and continued dedication to client service. The additions bring Walter | Haverfield’s partnership to 51 members.

“We are proud to count Ben, James, Jamie and Peter as our partners and look forward to their continued participation in the expansion of the firm’s capabilities,” said Ralph Cascarilla, Walter | Haverfield’s Managing Partner. “They each possess the level of client commitment and passion for law that characterizes a successful, service-oriented practice.”

Chojnacki is a member of the firm’s Public Law, Litigation, and Sports Law groups. He counsels municipalities, public entities, and private corporations on all aspects of public law while maintaining a robust litigation practice that focuses on labor and employment, land use, eminent domain, tort defense, and constitutional disputes. Chojnacki rounds out his practice with a focus on matters unique to college athletics, Title IX, and electronic gaming (e-sports). Chojnacki graduated from Cleveland-Marshall College of Law in 2010, has been selected to the Ohio Super Lawyers Rising Stars list for the past five years, and is a 2019 inductee into Ohio Wesleyan University’s Athletic Hall of Fame.

McWeeney focuses his practice on education law, labor and employment, as well as litigation. He has considerable commercial and labor/employment litigation experience, and he has managed and assisted with several cases from the initial phases of discovery through trial. Before pursuing a career in law, James was a public school teacher. He taught fourth and fifth grades in the Mississippi Delta as a member of Teach For America. McWeeney graduated from University of Virginia School of Law in 2011 and has been included on the Ohio Super Lawyers Rising Stars list for the past two years.

Price is a litigator and trial lawyer whose practice focuses on representing clients in complex business disputes, trust and estate litigation, shareholder and partnership disputes, and cases involving a variety of business torts and contract claims. Her experience includes all aspects of litigation ranging from preparation of pleadings, oversight of written discovery and document production as well as taking depositions, witness preparation, and first and second chair trial experience. Price graduated from Case Western Reserve University School of Law in 2008. She is heavily involved with the regional Anti-Defamation League, serving on its board of directors and serving as a member on its National Civil Rights Committee. She is also a graduate of Cleveland Bridge Builders, class of 2019.

Zawadski assists clients in resolving legal issues involving labor and employment matters, real estate valuation, contract disputes, employee and student due process challenges, policy drafting, and public records compliance. He defends employers in state and federal court and before administrative agencies, including the National Labor Relations Board, county boards of revision, the Ohio Civil Rights Commission, the Office for Civil Rights, the State Employment Relations Board, the Ohio Board of Tax Appeals, and the U.S. Equal Employment Opportunity Commission. Before pursuing a career in law, he served as a social worker. Zawadski graduated from Case Western Reserve University School of Law in 2008.

“The skill and talent that Ben, James, Jamie and Peter possess, both individually and collectively, demonstrate the strength of our firm,” added Cascarilla. “We look forward to building upon their success and the growth of our partnership for many years to come.”

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public entities and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Our track record has allowed us to sustain year-after-year growth. Walter | Haverfield has doubled its size in the past decade to become one of the top ten Cleveland-based law firms. Today, our team of nearly 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, education, tax and wealth management, hospitality and liquor control, litigation and public law.

 

Five Walter | Haverfield Attorneys Recognized by Prominent Legal Ranking Service


April 23, 2020

Chambers and Partners, a London-based independent research company that conducts rankings of law firms and attorneys, has selected Ralph E. Cascarilla, Charles Daroff, Ed Hurtuk, Irene M. MacDougall and Mark I. Wallach to be included in its 2020 USA guide. Cascarilla, Daroff, Hurtuk, MacDougall and Wallach are being recognized in the following practice areas after the company conducted numerous interviews with clients and general counsel:

Many of the world’s largest banks and companies rely on Chambers in selecting their outside counsel. Its 200 research analysts have been ranking firms and lawyers in the U.S. for more than two decades. In Chambers USA 2020, more than 6,000 law firms and 19,000 attorneys are ranked. Rankings are based on technical ability, professional conduct, client service, commercial awareness, diligence and commitment.

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public organizations and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Today, our team of more than 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, tax and wealth management, hospitality and liquor control, litigation, public law and education.

Walter | Haverfield Receives National Ranking from U.S. News & World Report


November 1, 2019

U.S. News – Best Lawyers® has recognized Walter | Haverfield as a national “Best Law Firm” for its land use and zoning law practice. The firm also received 16 regional rankings ranging from real estate to litigation to education law.

Land use and zoning law focuses on public efforts to shape the use and development of private land, either through regulation or governmental incentives. Walter | Haverfield earned a second tier national ranking for its land use and zoning law practice for the second year in a row. Previously, the firm’s land use and zoning practice was ranked in the third tier.

Regionally, U.S. News – Best Lawyers® ranked Walter | Haverfield in the top tier for the following practice areas: commercial litigation, criminal defense: white-collar, education law, environmental law, land use and zoning law, litigation – land use and zoning, and real estate law.

The firms included in the 2020 listing are acknowledged for their professional excellence with ratings from clients and peers, according to U.S. News – Best Lawyers®. Achieving a ranking signals a combination of a quality law practice and breadth of legal expertise.

Nearly 16,000 lawyers provided more than one million law firm assessments, and 12,000 clients participated in the evaluation process.

Below is a complete list of the U.S. News – Best Lawyers® rankings for Walter | Haverfield. The list can also be found here.

National Tier 2

Land Use & Zoning Law

Metropolitan Tier 1

Cleveland

Commercial Litigation

Criminal Defense: White-Collar

Education Law

Environmental Law

Land Use and Zoning Law

Litigation – Land Use & Zoning

Real Estate Law

Metropolitan Tier 2

Cleveland

Banking and Finance Law

Litigation – Environmental

Litigation – Insurance

Tax Law

Metropolitan Tier 3

Cleveland

Bet-the-Company Litigation

Employee Benefits (ERISA) Law

Litigation – Construction

Litigation – ERISA

Litigation – Labor & Employment

 

About Walter | Haverfield

Since 1932, Walter | Haverfield attorneys have served as strategic counselors to private businesses, public entities and high-net-worth individuals, providing creative and customized solutions that deliver outstanding results at an exceptional value. Our track record has allowed us to sustain year-after-year growth. Walter | Haverfield has doubled its size in the past decade to become one of the top ten Cleveland-based law firms. Today, our team of nearly 90 attorneys is focused primarily in the areas of business services, real estate, intellectual property, labor and employment, litigation, public law, education law, tax and wealth management, and hospitality and liquor control.

 

The Winning Streak of the Walter | Haverfield Trial Team


June 28, 2019

John SchillerJamie Price

Two members of the Walter | Haverfield Litigation group are earning widespread recognition for their hard work and legal talents after back-to-back victories across state lines. The trial team, led by attorneys John Schiller and Jamie Price, worked tirelessly to restore clients’ reputations and preserve their financial well-being and future in three separate cases.

At a bench trial in Des Moines, Iowa, an Iowa shareholder, who owned 50% of a company, sued two Ohio shareholders who owned the other half of the company. The case involved the defense of an alleged breach of fiduciary duty by the Ohio shareholders, Schiller and Price’s clients. However, as the facts bore out, the plaintiff had hijacked the company from their clients in an attempt to extort $1 million from them. Not only did the judge rule in their clients’ favor, he also awarded them equitable relief on their counterclaims, attorney fees, sanctions and punitive damages.

In a jury trial in Cleveland, Schiller and Price successfully defended a trustee of an ultra-high-net-worth family trust against claims that their client breached certain fiduciary duties by failing to properly oversee the management of trust assets. The plaintiffs’ claimed that Schiller and Price’s client allowed the investment manager, charged with overseeing the trust, to invest too heavily in precious metals and in particular, gold. The plaintiffs also sued the investment manager who successfully argued that a short statute of limitations applied, leaving their client as the principal target. Rather than succumb to demands for millions of dollars in alleged “damages,” their client chose to proceed to trial. During the first five days of trial before the jury, Schiller and Price demonstrated that the claims against their client were absolutely without merit. As a result of the vigorous cross examination of the primary plaintiff, plaintiffs’ counsel dismissed all claims against their client before they rested their case. This outcome completely vindicated the client.

Also in Cleveland, Schiller and Price defended the estate of a matriarch of a high-net-worth family against a claim of undue influence by two of her adult children. The plaintiffs claimed that their mother’s will and trust were the product of undue influence exerted by the youngest of her five children. Schiller and Price represented the estate of the matriarch, as well as the accused child and the two other adult siblings in their capacities as executors and trustees. With the help of other skilled lawyers hired by the individual defendants, Schiller and Price coordinated a strategic defense of the case based on the firm belief that the plaintiffs would not prevail at trial because no undue influence ever occurred. In an example of less is more, Schiller and Price allowed the witnesses for the plaintiffs to demonstrate that no undue influence had taken place. At the close of the plaintiffs’ case, Schiller moved the court for a directed verdict. Though rarely granted in a jury trial, the judge in this case agreed that the plaintiffs had not presented sufficient evidence on the substantial elements of their case for it to proceed further with the jury. Schiller’s Motion for a Directed Verdict was granted. This result, as well as the others, demonstrates the value of thorough preparation and effective lawyering.

John Schiller and Jamie Price are attorneys at Walter | Haverfield who represent clients in complex business, shareholder, partnership, fiduciary, trust and estate, and contract disputes. Furthermore, Schiller is a member of the Million Dollar Advocates Forum, which only includes attorneys who have obtained a jury verdict in excess of $1 million. Schiller can be reached at jschiller@walterhav.com or at 216-928-2941. Price can be reached at jprice@walterhav.com or at 216-928-2931.

Walter | Haverfield’s Employment/Education Group Grows at Record Pace to Become One of the Largest in Region


November 20, 2012

Despite current market conditions that have caused the size of many other area law firms to remain stagnant or shrink, we are pleased to announce that Walter | Haverfield overall has grown by more than 20 percent in 2012 with a large percentage of the growth occurring in our Employment/Education Group. Since 2010, in fact, six attorneys have joined the group, making us one of the largest groups in the region to focus on employment and education law.

We see this as a major testament of our firm’s ability to differentiate itself in the market. At Walter | Haverfield, we pride ourselves in being able to offer high-quality and responsive legal services at competitive rates. The results speak for themselves, as in the past 12 months alone, we have brought on board 20 new school districts as clients.

Joining our Employment/Education Practice Group in 2012 is Christina Henegen Peer, who is a partner at the firm.