State of Ohio Intervenes in Toledo Charter Amendment Case

On May 24, 2019, the State of Ohio filed a Complaint against the City of Toledo for Declaratory Relief and Injunctive Relief concerning the Toledo Charter Amendment which created the Lake Erie Bill of Rights. Drewes Farms Partnership v. City of Toledo, Case No. 3:19 CV 00434-57, N.D. Oh. Toledo voters passed the Charter Amendment on February 19, 2019 which created a myriad of unprecedented causes of action to pursue “polluters” of Lake Erie. This Charter Amendment was initially challenged by a local farmer, Drewes Farms Partnership.

The State is alleging that the Toledo Charter Amendment violates the Ohio Constitution Art. XVIII, §3 because the State has the authority to issue permits under state law which is adversely impacted by the Charter Amendment. Also, the State alleges that the Charter Amendment creates “rights” which conflicts with the State’s right to hold the waters of Lake Erie in trust for the public.

The State complaint also alleges that the Toledo Charter Amendment creates extra-territorial rights beyond the city limits and includes the right to regulate all sources of water pollution in Lake Erie. MD will continue to monitor this precedent-setting litigation.

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Six MD Attorneys Recognized in The Best Lawyers in America© 2020

Congratulations to the six McMahon DeGulis LLP attorneys recognized in The Best Lawyers in America© 2020! Each attorney listed below was selected by his or her peers for inclusion in Best Lawyers 2020 in the indicated fields:

  • Mike McMahon: Environmental Law and Litigation-Environmental.
  • Greg DeGulis: Environmental Law and Litigation-Environmental.
  • Dave Nash: Environmental Law, Litigation-Environmental, and Energy Regulatory Law.
  • Lou McMahon: Environmental Law, Litigation-Environmental, and Water Law.
  • Wendy Lavey: Environmental Law.
  • Keely O’Bryan: Environmental Law and Litigation-Environmental.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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Gregory DeGulis Named 2020 Environmental Law “Lawyer of the Year” in Cleveland by Best Lawyers™

Congratulations to Gregory J. DeGulis, who has been honored by Best Lawyers™ as the 2020 Environmental Law “Lawyer of the Year” in Cleveland! Only a single lawyer in each practice area and community is honored with a “Lawyer of the Year” award. Greg was previously recognized as the 2014 Litigation-Environmental “Lawyer of the Year” in Cleveland.

This is the 8th time in recent years that a McMahon DeGulis attorney has received a “Lawyer of the Year” in Cleveland distinction. Mike McMahon was recognized as a “Lawyer of the Year” in both 2019, 2016 and 2011 for his work in Environmental law in Cleveland. Louis McMahon was recognized in both 2018 and 2015 as the Environmental “Lawyer of the Year” in Cleveland, as well as in 2017 with the Litigation-Environmental “Lawyer of the Year” distinction. David Nash was recognized as the 2013 Environmental “Lawyer of the Year” in Cleveland.

Greg has significant experience in environmental cost recovery matters, environmental insurance litigation, construction litigation and natural resource damage cases. He also has significant experience in Clean Water Act wetland matters.

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MD Recognized by Chambers USA

Chambers USA: America’s Leading Lawyers for Business (2019 Edition) recognized McMahon DeGulis LLP as a Band One firm in Natural Resources and Environmental law in Ohio.

Chambers USA distinguishes MD as a “highly regarded boutique with expertise covering the full range of environmental law” and notes that “peers say: ‘They’ve got a good reputation and clients like working with them.”

Partners Michael McMahon, Gregory DeGulis and Louis McMahon were also recognized for their individual representation of clients. David Nash was named a Senior Statesman. To see what the Chambers USA editorial team says about these accomplished attorneys, view the full rankings. Spoiler alert: an interviewee observed that Gregory DeGulis is “a great lawyer and a super guy.”

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MD Trial Team Earns Defense Verdict in Mesothelioma Case

On April 4, 2019, after a two-week trial, a Cleveland, OH jury delivered a defense verdict in favor of John Crane, Inc. in a living pleural mesothelioma lawsuit. The jury found that the John Crane asbestos containing products were not a substantial factor in causing Mr. Sivert’s mesothelioma. MD attorneys Stephen Daniels and Sandra Sommers represented John Crane and co-counsel support was provided by Claire Weglarz of Hawkins Parnell Young. Plaintiff was represented by the law firm of Dean, Omar & Branham, LLP. The Honorable Harry Hanna of Cuyahoga County, OH presided.

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