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Attorneys Michael L. Scheier '91 and Benjamin G. Stewart prevailed for their client in complex breach of contract case

Michael L. ScheierCincinnati, OH — In a June 29, 2011 decision, the Ohio First District Court of Appeals affirmed the 2009 money judgment and injunctive relief granted in favor of Covenant Dove LLC in the amount of $1,340,810.29.

On December 9, 2009, Keating Muething & Klekamp PLL (KMKâ) attorneys, Michael L. Scheier and Benjamin G. Stewart, after 18 months of litigation and an eight-day jury trial, won a judgment of $1.3 million plus an award for attorneys’ fees for their client, a group of related companies in Memphis, Tennessee, known as Covenant Dove, LLC. The case was heard in the Hamilton County Court of Common Pleas before Judge Melba D. Marsh. In all, there were 22 named plaintiffs and 15 named defendants in the case, Covenant Dove LLC et al v. Mariner Health Care et al, Case No. A0805955; Court of Common Pleas; Hamilton County, Ohio.

The claims arose from the transfer of ownership of seven nursing home facilities located in Mississippi and Tennessee from Mariner Health Care-related entities to Covenant Dove. The disputes generally revolved around the issues of which party was responsible for paying the bills incurred from the seven facilities prior to the transfer of ownership, and which party was entitled to keep the monies earned from the services provided prior to the transfer.

After both sides presented their evidence to the jury, but before the Court gave the case to the jury to decide, plaintiffs’ counsel asked for summary judgment in Covenant Dove’s favor, arguing no issue of disputed fact remained to present to the jury in regard to either liability or damages. The Court agreed and entered judgment on all of the plaintiffs’ claims in the complaint for breach of contract and for attorneys fees. The Court of Appeals affirmed the award of contract damages and the amount, and remanded the case for the trial court to determine the amount of legal fees owed to Covenant Dove.


About Keating Muething & Klekamp PLL

The law firm of Keating Muething & Klekamp PLL (KMKâ), based in Cincinnati, Ohio, is a nationally-recognized law firm delivering sophisticated legal solutions to businesses of all sizes — from Fortune 500 corporations to start-up companies. KMK has been recognized as a leading law firm in Banking & Finance, Bankruptcy & Restructuring, Corporate & M&A law, and General Commercial Litigation in the 2011 edition of Chambers USA: America’s Leading Business Lawyersâ KMK has been ranked #1 in Ohio in Project Finance law and #1 in Cincinnati in Corporate, Employee Benefits, Land Use & Zoning, Municipal, Project Finance, Real Estate, and Personal Injury law in the 2011 edition of Best Lawyers in Americaâ. KMK received 12 first tier rankings in the 2010 Best Law Firms survey (Metropolitan Cincinnati) by U.S.News and Best Lawyers. Founded in 1954, KMK has approximately 105 lawyers and a support staff of 150 employees. Additional information is available at