Nicholas E. Subashi

Biography

Nick began his career as a Deputy District Attorney in Harrisburg, Pennsylvania where he prosecuted major felonies, including four murder trials. During his 2 and ½ years in the DA’s office, he tried over 30 jury trials. After leaving the DA’s office, Nick began his civil litigation career, serving as a trial division attorney for Nationwide Insurance Company in Bethlehem, Pennsylvania and in Dayton, Ohio, and as a litigation attorney for the former civil litigation firm of Jenks, Surdyk & Cowdrey. Leading to the day, Nicholas E. Subashi Co. L.P.A., now known as Subashi & Wildermuth, opened its doors on October 13, 1997.

As a civil trial attorney, Nick has represented individuals, school districts and their employees, municipalities and other governmental entities, police officers, physicians, and insurance companies and other corporations. He has argued cases in the Supreme Courts of Ohio and Pennsylvania, the United States District Courts, and the Sixth and Third Circuit Courts of Appeals.

One of his primary areas of concentration and expertise is school law. Nick has represented over 50 different boards of education in southwestern Ohio. In this capacity, he has handled cases touching on almost every facet of school law and is a well-known member of Ohio’s “school law community.”

Nick currently serves as General Counsel to the following boards of education: Beavercreek City School District, Bellbrook-Sugarcreek School District, Brookville Local School District, Jefferson Township Local School District, and Mad River Local School District. The firm regularly represents dozens of other school districts in Montgomery, Greene, Miami, Darke, Butler, Warren, Hamilton, and other counties. Nick is the only lawyer in Ohio who has been recognized as one of America’s Best Lawyers in Education Law and who is also a board-certified Civil Trial Advocate.

Nick is also a former member of the Vestry of St. Paul’s Episcopal Church, during which time he chaired the Outreach Commission. He is a past president of the Board of Trustees of The Miami Valley School and a former member of the Board of Governors of the Five Seasons Sports Country Club.

Education

  • J.D., Dickinson Law School
  • B.A., University of Delaware, Phi Beta Kappa and Phi Beta Phi

Bar Admissions

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

Memberships

  • Dayton Bar Association, Member
  • American Bar Foundation, Life Fellow
  • Ohio State Bar Foundation, Fellow
  • Ohio Council of School Board Attorneys, Executive Committee Member
  • Council of School Attorneys, of the National School Boards Association, Member
  • Ohio Association of Civil Trial Attorneys, Former President and Executive Committee Member
  • Defense Research Institute, Member
  • Carl D. Kessler Inn of Court, Master
  • Dayton Claim Adjusters Association, Associate Member
  • International Association of Defense Counsel, Member
  • The Supreme Court of Ohio’s Lawyer to Lawyer Mentoring Program, Mentor

Primary Practice Areas

  • Education Law
  • Municipal and Police Liability
  • Insurance
  • Business Litigation
  • Professional Liability

Representative Experience

In his career, Mr. Subashi has represented individuals, corporations – small and large, police officers, school districts and their employees, other governmental entities, and insurance companies, including dozens of jury trials in the state and federal courts of Pennsylvania and Ohio.

Just a small sample of the cases Nick has handled in the last ten years, include:

Education Law

  • Elston v. Howland Local Schools, 113 Ohio St.3d 314, 865 N.E.2d 845, 2007-Ohio-2070. Amicus Curiae brief on behalf of the Ohio School Boards Association, Buckeye Association of School Administrators, Ohio Association of School Business Officials, Ohio Education Association, and Ohio Federation of Teachers.

Municipal and Police Liability

  • Morrison v. Green Twp. (June 25, 2010), S.D. Ohio Case No. C-1-03-755. Defense verdict in police officer use of force case that went to trial in June 2010. See DRI Article. This verdict was not appealed.
  • Hale v. CSX Transp. (Oct. 31, 2008), 2nd App. Nos. 22546, 22547, 22592, 2008 WL 4763483, 2008-Ohio-5644. A driver and the families of his deceased passengers brought actions against the city, railroad company, and county commissioners arising out of a collision between a train and an automobile stopped on a railroad crossing. Municipal defendants were granted summary judgment.
  • Treinen v. Village of Greenhills (Sept. 12, 2007) S.D. Ohio Case No. C-1-05-448, 2007 WL 4661292. Summary judgment in a municipal policy and practice claim involving police officer use of force.
  • Helen Doyle, et al. v. Medical Mutual of Ohio, et al. (Apr. 17, 2007), Cuyahoga Cty. Case No. 05 CVC01 00738. Defended a school district in a lawsuit brought by a former student who was paralyzed while skiing during a school-sponsored skiing club event. A directed verdict was rendered in favor of the school district.
  • Buxton v. Nolte (Feb. 12, 2007), S.D. Ohio Case No. 3:05-cv-121-TMR. Summary judgment in a wrongful arrest and police officer use of force case involving a Village of Russia police officer.

Insurance – Personal Injury

  • Dickens v. Bloomingdale (Apr. 2, 2010), Mont. Cty. Case No. 2009-CV-407. Defended driver against personal injury suit where plaintiff doctor claimed herniated disc from auto accident, resulting in an excellent verdict for the client.

Insurance - Construction Litigation

Insurance – Premises Liability

  • Allen v. Livingston, Montgomery Cty. Case No. 2009 CV 1916. Defended a prominent Southwestern Ohio university in a premises-liability claim brought by an undergraduate student, who was allegedly assaulted in his residence by members of the university’s football team.

Insurance – Fire & Arson

  • Auto-Owners Mutual Insurance Company, et al. v. Lori B. McGohan, et al. (April 28, 2008), Mont. Cty. Case No. 2005-CV-9214. Unanimous defense verdict in subrogation trial against young woman accused of causing apartment building fire.

Insurance – Bad Faith

  • Nationwide v. John Skeens (Aug. 17, 2007), Miami Cty. Case No. 2006-CV-370. Represented an insurance company in a jury trial involving claims of breach of contract and bad faith. The jury returned a complete defense verdict for the insurance carrier.

Product Liability

  • Asbury v. EZ Lock, Inc. (2007), Mont. Cty. Case No. 05-CV-530. Multi-million dollar products liability case in which a successful Daubert challenge excluded the plaintiff’s primary expert and resulted in summary judgment for the defendant.

Business Litigation

  • John Blust, et al. v. Lamar Advertising Company (June 13, 2008), Mont. Cty. Case No. 01-CV-2035. Defended a national corporation in a week-long jury trial on remand of complex punitive damages claim resulting in a seven figure reduction in the amount of the damages award.

Recognitions

  • AV®Preeminent™ Peer Review Rated by Martindale-Hubbell since 1995
  • Named as the only Tier One Best Lawyer in Education Law, by U.S. News in 2010-2012
  • Certified by the National Board of Trial Advocacy as a Certified Civil Trial Advocate since 2002
  • Certified by the National Board of Trial Advocacy as a Certified Civil Pretrial Advocate since 2012
  • Associate Member of the American Board of Trial Advocates since 2011
  • Named as one of America’s Best Lawyers since 2006
  • Ohio Super Lawyer, Law & Politics Magazine since 2005
  • Dayton Business Journal’s Best of the Bar in 2004 and 2005
  • Awarded Exceptional Performance Citation from the Defense Research Institute in 2002
  • Awarded Frank S. Hurd Member of the Year Award by OACTA in 1995

Presentations

Nick Subashi routinely writes and lectures in the areas of school law, bad faith litigation, and trial advocacy. He has spoken to the faculty and staff of numerous school districts on different school law issues, such as sexual harassment and student rights. In this respect, Nick is a frequent presenter to the Ohio School Boards Association, the Ohio Association of School Business Officials, and many individual boards of education.

Nick has also spoken at the semi-annual meetings of the Ohio Association of Civil Trial Attorneys (OACTA) on the topics of bad faith, trial advocacy, and tort reform, and he has published articles in the OACTA Quarterly. He has even testified before the Ohio General Assembly on issues related to Tort Reform and Insurance Coverage.

Some of his public appearances include:

  • 2011 Presentation to Administrators at Greene County ESC, Legal Issues for School Personnel.
  • 2010 Ohio State Bar Association Annual Meeting – Moderated program titled, :”How To Get Hired And Not Get Fired – The Method Behind The Client’s Madness.”
  • 2008 Ohio Association of School Business Officials (OASBO), Ohio Association for Pupil Transportation, and the ODE – Presentation at the Transportation Law Seminar.
  • 2007 Presentation to SW EPC Members – Ohio Public Records Act.
  • 2007 Ohio School Boards Association and OASBO – Presentation at Transportation Law Seminars.
  • 2006 Ohio School Boards Association – Presentation titled, “Liability: It’s Not My IDEA.”
  • 2006 Ohio School Boards Association – Presentation on “Bus Stop Liability Issues.”
  • 2005 Seminar – “Disciplining the Special Education Student”
  • 2004 Presentation to SW EPC Members – Family Medical Leave Act.
  • 2003 Ohio School Boards Association – Presenter at the Sports Law Seminar.
  • 2003 OASBO – Presentation at Transportation Law Seminar.
  • 2003 Seminar – Legal Aspects of Student Discipline in Ohio.
  • April 2003 Insurance Coverage Symposium – Chaired a panel discussion titled, “Trying the Scott-Pontzer Case: Practical Tips and Suggestions” and conducted a presentation regarding “Insurance Coverage Issues Pertaining to Political Subdivisions.”
  • 2000 OACTA Trial Advocacy Seminar – Presented, “Making an Effective Link Between Voir Dire and Cross-Examination.”
  • 1998 Dayton Area Superintendents Association – Presentation on student First Amendment Rights.
  • 1998 Seminar – “Sexual Harassment in the Schools: Good Intentions are Not Enough.”
  • 1998 OACTA Annual Meeting – Panelist on, “Insurance Bad Faith Litigation: a Panel Discussion on Practice Defenses and Solutions.”

Publications

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