Steven hillman trial

The prosecutor also contends that the claims based on the Withers report were barred because Bethel had that material at the time of his motion.

Bethel had to present the claim based on the Withers report in , according to the prosecutor. Docket entries, memoranda, briefs including amicus briefs , and other information about this case may be accessed through the case docket.

Contacts Representing Robert W. Masters Pharmaceutical Inc. This case is unrelated to the consolidation of thousands of opioid-related causes before the federal district court in Northern Ohio because another insurance company is defending Masters in those cases.

However, advocacy groups indicate this case addresses an issue of interest to many of the pharmaceutical companies involved in the nationwide lawsuits and their insurers. At issue is whether the insurance companies are obligated to provide legal representation to policyholders that are being sued by state and local governments seeking to recoup taxpayer dollars spent on responding to the opioid crisis.

Masters had received insurance coverage from Westfield Insurance Company. In , West Virginia and local governments in Michigan and Nevada sued Masters and other painkiller distributors. They sought to be compensated for costs associated with increased police patrols, court expenditures, substance abuse treatment, emergency responses, medical services, and other epidemic-related expenses.

Masters requested that Acuity and Westfield defend it against allegations that it flooded the market with opiates, which caused increased governmental operation costs. Other similar cases against Masters were transferred to the national prescription opiate litigation cases consolidated in federal court. As part of their case against Masters, the government bodies point to a federal Drug Enforcement Administration DEA finding that Masters knew about opiate addiction before sending excessive amounts of painkillers into the market.

The trial court ruled the insurance companies had no duty to defend Masters. Acuity appealed the decision to the Supreme Court, which agreed to hear the case. Coverage Limited to Damages from Specific Injuries, Insurer Asserts Acuity argues the policy restricts payment of damages for bodily injuries incurred by specific persons who are injured by the company.

The insurer maintains the First District was persuaded by a Seventh U. Circuit Court of Appeals decision in Cincinnati Ins. Smith LLC. This was a similar lawsuit arising from West Virginia suing an opioid distributor. In that case, the judges noted the insurance policy would cover H. Smith, a wholesale distributor of prescription drugs, if a man proved he was injured by its negligent supply of painkillers. The Seventh Circuit ruled there is no difference between the mother and the state if the state was paying to care for the injured son.

To extend the policy coverages from the costs of bodily injury to all societal costs associated with addressing those addicted to opioids would extend the obligation of the insurance company far beyond what the insurance contract contemplated, Acuity asserts.

The trial court correctly found that Masters knew about the addiction epidemic before it purchased policies from Acuity starting in July , the insurer maintains. By the time Masters bought the policies, the company already admitted to the DEA that it was aware of suspicious distributions of oxycodone into the epicenter of an oxycodone epidemic.

The First District noted that some of the claims by the government, especially those for emergency services and medical care, relate directly to bodily injuries suffered by residents in their community.

Masters notes courts have routinely found that insurance companies must provide a defense if there are plausible claims against the insured for the damages they allegedly afflicted. Also, if some damages are plausible, then the insurance company is required to defend the insured against every claim made in the case by those allegedly harmed, Masters asserts.

Master notes the rule of insurance coverage is that any clause that is susceptible to more than one meaning must be interpreted to favor coverage, and that the burden is on Acuity to prove there is only one plausible interpretation of the policy that excludes coverage.

Insurer Confuses Risks and Injuries, Distributor Asserts Insurers have been required to provide defenses for companies involved in other societal issues, including damages suffered by communities from firearms and dangers of lead paint, Masters notes. Masters argues it acknowledged to the DEA that it was aware of an epidemic of addiction to oxycodone, but that Masters was never accused of or aware of a specific person who was injured by its distribution of the painkiller to pharmacies in the states suing the company.

The Ohio Insurance Institute also submitted a brief in support of Acuity. United Policyholders filed an amicus brief supporting Masters. Steven E. Hillman , Case No. When a party objects to a professional conduct board disciplinary report, the Ohio Supreme Court must hear oral argument in the case. Allstate denied the claim, and Watkins hired Hillman to pursue a lawsuit.

Three attorneys for Allstate communicated with Hillman and Watkins during the course of the proceedings. Hillman informed Allstate that Watkins was available for deposition on April At the deposition, Watkins signed the verification pages. After prolonged delays, Hillman handwrote the responses to the written questions Allstate posed to Watkins.

Hillman advised Watkins of the offer, but told him that it was too low. Hillman informed Watkins by text message that the case was dismissed. Watkins filed a grievance with the disciplinary counsel against Hillman. He also got a new attorney, who was able to win an appeal and revive the lawsuit. Board Finds Rule Violations Both Hillman and Watkins testified before a three-member panel of the professional conduct board.

Hillman told the panel he communicated with Watkins mostly by phone calls and that he believed he kept Watkins informed of everything going on in the case. Watkins said he was willing to cooperate with Allstate if Hillman explained the importance and urgency of its requests. He said the first he heard about the need to complete the verification pages was at the deposition, and that Hillman first alerted him of the date of deposition on the day it was take place. The panel ruled, and the full board agreed, that Hillman violated two professional conduct rules: failing to keep a client reasonably informed about the status of a matter, and not diligently complying with a legally proper discovery request.

Based on his behavior and prior record, the board recommends that the Court suspend Hillman for two years, and stay the suspension with the condition that Hillman commit no further misconduct. Attorney Opposes Sanction Hillman opposes the proposed sanctions.

Despite the numerous phone calls, Hillman produced no evidence that he explained to Watkins the importance of his compliance with the discovery requests, and he never told Watkins about the pending dismissal of the case until after it was dismissed, the office asserts.

The office notes this is the fourth time Hillman is before the Court for rule violations, and that his dereliction of duty harmed a vulnerable client who three years later was still trying to resolve his insurance claim. Sean R. Porter , Case No. The Board of Professional Conduct recommends that a Chagrin Falls attorney be suspended for two years with one year stayed.

Porter also denied his sexual relationship with the other client in materials submitted during the disciplinary investigation. Porter has objected to the proposed sanction , requiring the Ohio Supreme Court to hold oral argument in the case.

The divorce was finalized in May , but Porter continued representing M. Her children lived in Lakewood with their father, while she lived and worked at a California rehabilitation facility related to her addiction. Porter and M. In a July court filing , Porter included an affidavit from M. Porter had signed M. After M. Porter broke up with her in September On Oct. When confronted, Porter initially denied M.

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