Brian L. Wildermuth

 

Biography

Brian is a litigation attorney experienced in a wide range of topics.  He regularly represents individual companies, school districts, and insurers.  The diverse nature of his practice can sometimes require him to be arguing a teacher termination appeal one day and investigating the scene of a vehicular accident the next.

Brian handles complex litigation ranging from the defense of automobile accidents to representing agricultural cooperatives after a catastrophic grain dust explosions.  His experience includes complex insurance coverage disputes and bad faith litigation.

Also very active in the legal community, Brian has served on the boards of the Dayton BarAssociation and the Ohio Association of Civil Trial Attorneys and participates in other legal associations.  He has chaired the Dayton Bar Association’s Certified Grievance Committee for the past two years.

Brian is a native of Wapakoneta, Ohio. He and his wife, Jane, reside in Miamisburg with their two daughters.

Education

  • J.D., University of Toledo, magna cum laude, (1996) Order of the Coif
  • B.A., Miami University (1992)

Bar Admissions

  • Supreme Court of Ohio
  • Supreme Court of the United States
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court Southern District of Ohio

Memberships

  • Ohio State Bar Association
  • Dayton Bar Association
    - Chair of Certified Grievance Committee, 2010 – 2012
    - Vice-Chair, 2008 – 2010
    - Member-at-large, Board of Trustees, 2003-2005
    - Former Chair of Civil Trial Practice Committee
  • Ohio Council of School Board Attorneys
  • Ohio Association of Civil Trial Attorneys
    - Board of Trustees, 2009 - 2012
    - Chair of OACTA Amicus Committee, 2009 to present
  • Defense Research Institute
  • Carl D. Kessler Inn of Court
  • The Supreme Court of Ohio’s Lawyer to Lawyer Mentoring Program, Mentor

Primary Practice Areas

  • Insurance Defense and Coverage
  • Education Law
  • Employment & Labor
  • Probate Litigation

Representative Experience

Brian has handled cases and advised clients in many areas of the law. He has tried numerous cases, argued many appeals, and has been involved in every other aspect of litigation. Some recent or notable examples include:

Insurance Defense

  • Schrolucke v. Auglaize Farmers Cooperative,Auglaize County Case No. 05-CV-0103. Obtained summary judgment on behalf of Auglaize Farmers Cooperative on an employer intentional tort claim arising from a grain dust explosion.

Insurance – Bad Faith

  • Drs. Abromowitz & Abroms, Inc v. Nationwide Mutual Ins. Co., Mont. Cty. Case No. 2003CV08701. Defense verdict resulting from a fire and casualty claim made by the plaintiffs. Nationwide had advanced $100,000 to the plaintiffs for lost business income, but the plaintiffs wanted more. The plaintiffs ultimately had to pay back Nationwide more than $50,000.

Personal Injury Defense

  • Heider v. Siemens, AG, Allen County Case No. CV 2008 0812. Summary judgment on behalf of Ottawa Oil and the driver in a tractor-trailer collision.
  • Ray v. Ramada Inn North, Montgomery County Case No. 2004-cv-3309. Defense verdict in a slip & fall accident at a local hotel.

Employment & Labor

  • Latham v. Central Community Health Bd. of Hamilton County, Inc., Case No. 1:05CV343 (S.D.Ohio 2006). Summary judgment in a reduction in force employment discrimination case.

Recognitions

Publications

  • Liability Insurance: When Bad Facts Make Bad Law, February 2011. Co-authored with Tabitha Justice.
  • Teacher Termination Proceedings: Lessons Learned, Legal Issues for School Personnel Seminar, Greene County ESC, 2011

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