Andrew-John R. Bokeno

Denise Motta (Of Counsel-Louisville, KY) and Andrew-John Bokeno (Associate-Louisville, KY) obtained summary judgment and dismissal of Wilson Elser’s client, a roofing and sheet metal company, in an arbitration arising from a construction defect claim. The property owner alleged that our client negligently installed and repaired the roof of three apartment buildings, resulting in leaks and a partial collapse of the parapet wall. The owner further alleged damages exceeding $1.7 million. Denise and AJ argued that the owner's claims were barred by the 5-year statute of limitations and the economic loss doctrine. The arbitrator agreed and dismissed the owner's claims.

Edward M. O’Brien (Partner-Louisville, KY), John H. Dwyer (Of Counsel-Louisville, KY), and AJ Bokeno (Associate-Louisville, KY) secured a significant victory in the U.S. District Court for the Southern District of Indiana for the firm’s client, the owner of a manufactured home community, obtaining an Order of Dismissal against all claims brought by more than 30 plaintiffs seeking over $15 million in damages. The plaintiffs, tenants in the client’s community, brought individual and class action claims against the client, alleging multiple theories of liability related to payments under lease agreements and the physical property on which the community sat. The plaintiffs’ allegations included breach of lease, statutory violations, negligence, and fraud. Eddie, John, and AJ responded with an extensively briefed motion to dismiss under Rule 12(b)(6), arguing that none of the claims met the required legal standards under Indiana law and Seventh Circuit precedent. The court agreed, dismissing all of the plaintiffs’ claims against the client with prejudice, while adopting a majority of the legal arguments and theories advanced by the defense. The Louisville team’s securing a total dismissal of the matter, disposing of more than thirty plaintiffs’ multiple claims, delivered a complete defense win for the firm’s client. 

Edward O’Brien (Partner-Louisville, KY), Geoffrey Belzer (Partner-Chicago, IL), and Andrew-John Bokeno (Associate-Louisville, KY) recently succeeded in securing an affirmance of summary judgment in the Ohio Court of Appeals in a multi-claim civil lawsuit brought against the firm’s client, a manufactured home community. Plaintiffs, who were tenants in the client’s community, brought a civil action in Cuyahoga County Court of Common Pleas alleging the community failed to render cosmetic repairs to the plaintiff’s home, breached certain state statutes, and misrepresented certain aspects of the community and manufactured homes to the plaintiffs. The complaint set forth multiple legal theories of liability, including breach of contract, fraud and misrepresentation, breach of R.C. 5321.04, and violations of the Ohio Consumer Sales Practices Act. After the trial court granted our motion for summary judgment on all the above theories, the plaintiffs appealed the decision to the Ohio Court of Appeals’ Eighth Appellate District, which affirmed the trial court’s order granting summary judgment on each and every claim asserted against the client, finding no genuine dispute of material fact and entitling the community to judgment as a matter of law. As such, the Court of Appeals disposed of all of the plaintiffs’ causes of action against the firm’s client. 

Edward M. O'Brien (Partner-Louisville, KY) and Andrew-John Bokeno (Associate-Louisville, KY) succeeded in enforcing a forum selection clause in the Indiana Supreme Court in Indianapolis in a multimillion-dollar commercial litigation case brought against Wilson Elser’s client, a security company. A large poultry company sued our client, alleging that the security company's negligence led to a chemical accident at a poultry processing plant, causing millions of dollars in damages. The client moved to compel enforcement of a forum selection clause contained in the parties' contract, which the trial court granted. However, a divided panel of the Indiana Court of Appeals reversed the trial court, finding that enforcing the forum selection clause would unduly prejudice the plaintiff. The Indiana Supreme Court granted a review of the case. It reversed the Court of Appeals' decision, finding that the forum selection clause was valid and enforceable. Specifically, the Indiana Supreme Court rejected the plaintiff's argument that forum selection clauses cannot be enforced where some of the defendants in a case are parties to the clause but others are not, which was an issue of first impression for the court.

Edward M. O'Brien (Partner-Indianapolis, IN) and Andrew-John Bokeno (Associate-Louisville. KY) obtained summary judgment in a federal court case arising from a public university's adjudication of a sexual assault allegation made by a female student against a male student. The firm's client is a Title IX consulting company that served as the third-party tribunal that heard evidence, found that the male student more likely than not committed the alleged acts, and recommended he be suspended for three semesters. The male student sued the university and the firm's client, alleging that they discriminated against him on the basis of sex in violation of Title IX. The plaintiff also asserted claims for intentional infliction of emotional distress. Following extensive litigation, the Southern District of Indiana granted summary judgment in favor of the firm's client. The plaintiff had demanded $3 million from the defendants to settle the case prior to the ruling.

Edward M. O'Brien (Partner-Louisville, KY) and Andrew-John Bokeno (Associate-Louisville, KY) recently succeeded in securing dismissal of claims brought in Kentucky state court after the same claims had been dismissed on summary judgment in Indiana. The plaintiffs sued our client, a roofing system manufacturer, in Jefferson Circuit Court, Kentucky, arguing that the roofing system manufactured by our client was defective and caused damage to their commercial building. Eddie and AJ moved to dismiss the case on various grounds, including that the same claims had previously been litigated in Indiana, which resulted in summary judgment in favor of our client. The court agreed, holding that the claims brought by the plaintiffs "were the same as those brought by their proxy" in Indiana and "those claims were fully adjudicated on the merits" in the Indiana litigation. Accordingly, the court concluded that the claims were barred. The plaintiffs did not appeal the trial court's ruling, ending more than a decade of litigation across two states. The plaintiffs demanded $750,000 to resolve the case prior to dismissal.

Edward M. O'Brien (Partner-Louisville, KY) and Andrew-John Bokeno (Associate-Louisville, KY) recently wrapped up a commercial roofing case heavily litigated for 10 years. The plaintiff, a used car dealership, sued our roofing system manufacturer client, alleging that a new roofing system installed on a building formerly occupied by the plaintiff failed, causing substantial property damage. The plaintiff had demanded $750,000 in damages. Ten days before a scheduled jury trial, the trial court granted Eddie and AJ’s motion for summary judgment, finding that the plaintiff was not the real party in interest because it did not own the building at issue and the plaintiff had failed to show that it suffered any compensable damages. The trial court's decision was unanimously affirmed by the Indiana Court of Appeals. Thereafter, the Indiana Supreme Court unanimously denied the plaintiff's petition to review the case, effectively affirming the trial court's judgment.