News and Updates
2/3/12 – Adams, Stepner Announces Addition of Attorneys and Practice Groups to the Firm’s Services to Clients
COVINGTON, KY – Adams, Stepner, Woltermann & Dusing, PLLC is pleased to announce that Benjamin G. Dusing and Angela M. Hayden are joining the firm’s practice in Covington effective immediately. Through his Department of Justice experience, Ben Dusing will create an extensive practice in White Collar criminal matters, Government enforcement defense and corporate compliance practices. Angela Hayden will assist in creating an Employment Law practice group, specializing in defense of employment-related investigations and lawsuits, as well as a practice concentrated in complex commercial litigation.
Benjamin G. Dusing is joining the firm as a Partner in the Litigation Group, practicing in the areas of complex litigation, white collar matters, and government enforcement defense. A former federal prosecutor with extensive trial experience, Ben maintains an active civil litigation practice and draws upon his experience with the Justice Department to practice in the areas of white collar defense, internal investigations, and corporate compliance practice. Prior to joining the firm, he was a Partner at Baker & Hostetler in Cincinnati, and had previously served as an Assistant U.S. Attorney for the Department of Justice. Ben is a graduate of Georgetown University and the University of Kentucky College of Law, from which he graduated Order of the Coif and served as Editor-in-Chief of the law review.
Angela M. Hayden joins the firm as an Associate practicing in civil litigation with an emphasis on employment law and domestic relations. She is a member of a national team representing several manufacturing companies in the defense of toxic tort claims. Angela formerly served as a staff lawyer for the Honorable James Mason, Franklin County Court of Common Pleas, Domestic Relations Division. Additionally, she was a legal extern for the Honorable James S. Gwin, United States District Court of the Northern District of Ohio. She is a graduate of the College of Mount St. Joseph and the University of Akron School of Law.
Link to Press Release click here.
1/18/12 – Adams, Stepner Names Scott M. Guenther as Firm’s New Managing Partner
COVINGTON, KY – Adams, Stepner, Woltermann & Dusing, PLLC is pleased to announce that Scott M. Guenther has been elected Managing Partner beginning January 1, 2012. Guenther succeeds James G. Woltermann, who has served in a leadership capacity for over a decade.
11/10/11 – Adams Stepner Attorneys Donald L. Stepner and Edward L. Metzger III Secure Summary Judgment for Golf Course
On November 8, 2011, attorneys Donald L. Stepner and Edward L. Metzger III obtained summary judgment on behalf of Rio Cuestas Golf, LLC, in a tort dispute before the Campbell Circuit Court. The case, Espelage-Scaggs v. Rio Cuestas Golf, LLC, d/b/a Hickory Sticks Golf Course, Case No. 10-CI-001313, involved a golf course patron who claimed to have slipped and fell on an asphalt walkway leading to the Hickory Sticks Golf Course. Her chief allegation was that the golf course had breached the standard of care owed to a business invitee. In moving for summary judgment, Mr. Stepner and Mr. Metzger argued that it was undisputed that Hickory Sticks had maintained the walkway in a reasonably safe condition and that it was well maintained, clear of any loose gravel or asphalt. The Court agreed, specifically finding that the walkway was not inherently dangerous, that any condition that the plaintiff may have encountered on the walkway was open and obvious, and that the plaintiff nevertheless chose to proceed down the walkway of her own accord. For these reasons, summary judgment was granted in favor of Hickory Sticks.
10/17/11 – Supreme Court Hears Oral Argument on Lawfulness of Strip Searches in Local Jails
Yesterday, the United States Supreme Court heard oral argument on a case which could affect the liability and operations of local jails across the country. In Florence v. Board of Chosen Freeholders of the County of Burlington, the Supreme Court is considering whether the Fourth Amendment permits strip searches of individuals incarcerated for minor criminal offenses, in the absence of reason to suspect that the inmate has hidden weapons or contraband. Past federal court opinions have suggested that the Fourth Amendment required individualized suspicion before undertaking such an invasive search. But in New Jersey, the Burlington County Jail conducts strip searches of detainees upon admission as a matter of policy and without any individualized suspicion of a threat to the safety or security of the facility. The County argues that policy is necessary to ensure the security of the facility, and that this interest outweighs any privacy concerns of individual detainees.
The Court’s decision in Florence could affect the operations at local jails nationwide and in Kentucky. For example, the Kentucky Jail Standards applicable to local jails currently do not permit strip searches of inmates in the absence of an individualized and reasonable suspicion that the inmate poses a security or safety risk. If the policy at issue in Florence is upheld, policy makers could amend these regulations to grant jail staff broader authority to search detainees.
You can obtain more information about the Florence proceedings before the Supreme Court here.
10/11/11 – Federal Court to Decide Private School Sports Issue
The federal appeals court in Cincinnati has been asked to rule on an issue which has the potential to affect hundreds of students seeking to play sports at private high schools across Kentucky.
A three-judge panel of the 6th U.S. Circuit Court of Appeals heard oral arguments last week on the constitutionality of a Kentucky High School Athletic Association rule that sets limits on academic scholarships. The rule limits merit-based aid to no more than 25 percent of the cost of tuition if a student wants to play a sanctioned sport. The parents challenging the rule argue that it discriminates on the basis of religion, claiming that students who want to play high school sports are penalized if they attend a private, religious-based school. The argument is that children who want to play sports are being penalized because of a parental decision that the child attends a religious-based high school. KHSAA’s attorneys argued that the rule is neutral, and does not impact religion at all, but rather is aimed at preventing unfair recruitment by private schools who seek to gain an advantage over the public schools, which cannot recruit student athletes outside of their boundaries.
For a link to the news article, click here.
9/30/11 – Adams Stepner Attorney Gerald F. Dusing Re-Appointed to the Kentucky Board of Bar Examiners by the Kentucky Supreme Court
In September 2011 Attorney Gerry Dusing was re-appointed by the Kentucky Supreme Court to serve another three-year term on the Board of Bar Examiners for the Kentucky Office of Bar Admissions. The Board was established by the Kentucky Supreme Court and “…charged with the responsibility of administering the bar examination to qualified applicants for admission to the bar of the Commonwealth.”
9/30/11 – Registering Your Business Trademark with U.S. Customs
$5.4 million in counterfeit goods were recently seized by U.S. Customs officials at CVG. 80% of these items, which masquerade as their legitimate American counterparts, originate in China. Contact Jessica Rawe to learn how to register your business’ trademark with U.S. Customs and Border Patrol so it can intercept any counterfeit goods posing as your own before they hit the U.S. market. Read more about the recent seizure at CVG here.
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Louis D. Kelly Successfully Prosecute Judicial Misconduct Action
On September 19, 2011, the Kentucky Judicial Conduct Commission issued its ruling in the ethics trial of Harlan Judge Russell D. Alred. Attorneys Jeff Mando and Louis Kelly prosecuted the charges against Judge Alred on behalf of the Commission. The Commission found Judge Alred guilty on 9 counts of judicial misconduct and ordered him removed from the bench. They found that he “…had improper involvement in cases, failed to dispose of cases fairly, used his office to advance personal interests and misrepresented his actions.” Click here to read the Lexington Herald Leader’s story on this decision.
By Jeffrey C. Mando and Louis D. Kelly
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Jennifer L. Langen Successful in Federal civil rights case
On September 22, 2011, U.S. District Judge William Bertelsman issued his ruling in Eileen Burden v. Sgt. Scott Paul granting defendant’s Motion for Summary Judgment and dismissing plaintiff’s claims alleging violation of her constitutional rights, abuse of process, and malicious prosecution. Attorneys Jeff Mando and Jennifer Langen represented Sgt. Scott Paul. In his Memorandum and Order, Judge Bertelsman found that Sgt. Paul did not act maliciously in charging plaintiff, had probable cause to charge her with a crime, and did not abuse the judicial process at any time. Click here for Judge Bertelsman’s ruling.
2/3/12 – Adams, Stepner Announces Addition of Attorneys and Practice Groups to the Firm’s Services to Clients
COVINGTON, KY – Adams, Stepner, Woltermann & Dusing, PLLC is pleased to announce that Benjamin G. Dusing and Angela M. Hayden are joining the firm’s practice in Covington effective immediately. Through his Department of Justice experience, Ben Dusing will create an extensive practice in White Collar criminal matters, Government enforcement defense and corporate compliance practices. Angela Hayden will assist in creating an Employment Law practice group, specializing in defense of employment-related investigations and lawsuits, as well as a practice concentrated in complex commercial litigation.
Benjamin G. Dusing is joining the firm as a Partner in the Litigation Group, practicing in the areas of complex litigation, white collar matters, and government enforcement defense. A former federal prosecutor with extensive trial experience, Ben maintains an active civil litigation practice and draws upon his experience with the Justice Department to practice in the areas of white collar defense, internal investigations, and corporate compliance practice. Prior to joining the firm, he was a Partner at Baker & Hostetler in Cincinnati, and had previously served as an Assistant U.S. Attorney for the Department of Justice. Ben is a graduate of Georgetown University and the University of Kentucky College of Law, from which he graduated Order of the Coif and served as Editor-in-Chief of the law review.
Angela M. Hayden joins the firm as an Associate practicing in civil litigation with an emphasis on employment law and domestic relations. She is a member of a national team representing several manufacturing companies in the defense of toxic tort claims. Angela formerly served as a staff lawyer for the Honorable James Mason, Franklin County Court of Common Pleas, Domestic Relations Division. Additionally, she was a legal extern for the Honorable James S. Gwin, United States District Court of the Northern District of Ohio. She is a graduate of the College of Mount St. Joseph and the University of Akron School of Law.
Link to Press Release click here.
1/18/12 – Adams, Stepner Names Scott M. Guenther as Firm’s New Managing Partner
COVINGTON, KY – Adams, Stepner, Woltermann & Dusing, PLLC is pleased to announce that Scott M. Guenther has been elected Managing Partner beginning January 1, 2012. Guenther succeeds James G. Woltermann, who has served in a leadership capacity for over a decade.
11/10/11 – Adams Stepner Attorneys Donald L. Stepner and Edward L. Metzger III Secure Summary Judgment for Golf Course
On November 8, 2011, attorneys Donald L. Stepner and Edward L. Metzger III obtained summary judgment on behalf of Rio Cuestas Golf, LLC, in a tort dispute before the Campbell Circuit Court. The case, Espelage-Scaggs v. Rio Cuestas Golf, LLC, d/b/a Hickory Sticks Golf Course, Case No. 10-CI-001313, involved a golf course patron who claimed to have slipped and fell on an asphalt walkway leading to the Hickory Sticks Golf Course. Her chief allegation was that the golf course had breached the standard of care owed to a business invitee. In moving for summary judgment, Mr. Stepner and Mr. Metzger argued that it was undisputed that Hickory Sticks had maintained the walkway in a reasonably safe condition and that it was well maintained, clear of any loose gravel or asphalt. The Court agreed, specifically finding that the walkway was not inherently dangerous, that any condition that the plaintiff may have encountered on the walkway was open and obvious, and that the plaintiff nevertheless chose to proceed down the walkway of her own accord. For these reasons, summary judgment was granted in favor of Hickory Sticks.
10/17/11 – Supreme Court Hears Oral Argument on Lawfulness of Strip Searches in Local Jails
Yesterday, the United States Supreme Court heard oral argument on a case which could affect the liability and operations of local jails across the country. In Florence v. Board of Chosen Freeholders of the County of Burlington, the Supreme Court is considering whether the Fourth Amendment permits strip searches of individuals incarcerated for minor criminal offenses, in the absence of reason to suspect that the inmate has hidden weapons or contraband. Past federal court opinions have suggested that the Fourth Amendment required individualized suspicion before undertaking such an invasive search. But in New Jersey, the Burlington County Jail conducts strip searches of detainees upon admission as a matter of policy and without any individualized suspicion of a threat to the safety or security of the facility. The County argues that policy is necessary to ensure the security of the facility, and that this interest outweighs any privacy concerns of individual detainees.
The Court’s decision in Florence could affect the operations at local jails nationwide and in Kentucky. For example, the Kentucky Jail Standards applicable to local jails currently do not permit strip searches of inmates in the absence of an individualized and reasonable suspicion that the inmate poses a security or safety risk. If the policy at issue in Florence is upheld, policy makers could amend these regulations to grant jail staff broader authority to search detainees.
You can obtain more information about the Florence proceedings before the Supreme Court here.
10/11/11 – Federal Court to Decide Private School Sports Issue
The federal appeals court in Cincinnati has been asked to rule on an issue which has the potential to affect hundreds of students seeking to play sports at private high schools across Kentucky.
A three-judge panel of the 6th U.S. Circuit Court of Appeals heard oral arguments last week on the constitutionality of a Kentucky High School Athletic Association rule that sets limits on academic scholarships. The rule limits merit-based aid to no more than 25 percent of the cost of tuition if a student wants to play a sanctioned sport. The parents challenging the rule argue that it discriminates on the basis of religion, claiming that students who want to play high school sports are penalized if they attend a private, religious-based school. The argument is that children who want to play sports are being penalized because of a parental decision that the child attends a religious-based high school. KHSAA’s attorneys argued that the rule is neutral, and does not impact religion at all, but rather is aimed at preventing unfair recruitment by private schools who seek to gain an advantage over the public schools, which cannot recruit student athletes outside of their boundaries.
For a link to the news article, click here.
9/30/11 – Adams Stepner Attorney Gerald F. Dusing Re-Appointed to the Kentucky Board of Bar Examiners by the Kentucky Supreme Court
In September 2011 Attorney Gerry Dusing was re-appointed by the Kentucky Supreme Court to serve another three-year term on the Board of Bar Examiners for the Kentucky Office of Bar Admissions. The Board was established by the Kentucky Supreme Court and “…charged with the responsibility of administering the bar examination to qualified applicants for admission to the bar of the Commonwealth.”
9/30/11 – Registering Your Business Trademark with U.S. Customs
$5.4 million in counterfeit goods were recently seized by U.S. Customs officials at CVG. 80% of these items, which masquerade as their legitimate American counterparts, originate in China. Contact Jessica Rawe to learn how to register your business’ trademark with U.S. Customs and Border Patrol so it can intercept any counterfeit goods posing as your own before they hit the U.S. market. Read more about the recent seizure at CVG here.
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Louis D. Kelly Successfully Prosecute Judicial Misconduct Action
On September 19, 2011, the Kentucky Judicial Conduct Commission issued its ruling in the ethics trial of Harlan Judge Russell D. Alred. Attorneys Jeff Mando and Louis Kelly prosecuted the charges against Judge Alred on behalf of the Commission. The Commission found Judge Alred guilty on 9 counts of judicial misconduct and ordered him removed from the bench. They found that he “…had improper involvement in cases, failed to dispose of cases fairly, used his office to advance personal interests and misrepresented his actions.” Click here to read the Lexington Herald Leader’s story on this decision.
By Jeffrey C. Mando and Louis D. Kelly
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Jennifer L. Langen Successful in Federal civil rights case
On September 22, 2011, U.S. District Judge William Bertelsman issued his ruling in Eileen Burden v. Sgt. Scott Paul granting defendant’s Motion for Summary Judgment and dismissing plaintiff’s claims alleging violation of her constitutional rights, abuse of process, and malicious prosecution. Attorneys Jeff Mando and Jennifer Langen represented Sgt. Scott Paul. In his Memorandum and Order, Judge Bertelsman found that Sgt. Paul did not act maliciously in charging plaintiff, had probable cause to charge her with a crime, and did not abuse the judicial process at any time. Click here for Judge Bertelsman’s ruling.