log in to manage your profile and account
- Create your account
- Receive up-to-date newsletters
- Set up text alerts
Published: Monday, July 17, 2017 @ 6:36 PM
The local attorney who allegedly conducted a “weekend raid” of clients from his former law firm has denied those allegations and made a counterclaim of defamation.
Jack R. Hilgeman said in his answer to a Montgomery County Common Pleas Court lawsuit that Horenstein, Nicholson & Blumenthal (HN&B) made false statements that were published across various print and social media, including publication in the Dayton Daily News, Facebook, WHIO and other social media accounts.
“Plaintiff’s false statements about Defendants were defamatory and intended to injure Defendants in their trade or occupation and cause them special harm,” wrote Hilgeman’s attorney, Richard Boucher. “As a result of Plaintiff’s false statements, damages and malice are presumed.”
Hilgeman also alleged that a third party, Fred Sommer III, a partner at HN&B, made false statements of fact in an affidavit about Hilgeman and defendants Christopher Cowan, John P. Hilgeman and the firm of Cowan & Hilgeman and promoted those statements before the public in a false light.
Boucher’s counterclaim seeks from visiting Judge Timothy Hogan a judgment in excess of $25,000 plus interest, costs, attorney fees, punitive damages and any other relief the court determines to be fair and equitable.
“We have adequately addressed the claims made by the plaintiff and Mr. Fred Sommer in our answers, counterclaim, third-party complaint and motions to dismiss plaintiff’s complaint,” Boucher said Monday.
FROM THIS REPORTER: Woman died in jail of bowel obstruction, not overdose
In the original complaint filed by plaintiff’s attorney Craig Matthews, HN&B charged that Jack Hilgeman sent an email of resignation at 9:45 p.m. on Friday, May 5.
“During the ensuing hours, Hilgeman secretly conducted a ‘weekend raid’ of information contained in the firm’s confidential files, copying the firm’s confidential data onto his own devices,” according to the complaint. “Hilgeman then hurriedly and without notice to or consent of the firm, used the firm’s confidential information to contact the firm’s clients for the purpose of inducing them to leave the firm and retain Hilgeman.”
The filing also included a motion for a temporary restraining order and preliminary injunction against Hilgeman, who started at HN&B in May 2012.
Boucher has sought a stay to all proceedings pending an arbitration process, writing in one motion that “the claims are thinly disguised efforts to avoid mandatory administrative procedures for fee disputes between attorneys and are subject to arbitration.”
Matthews said Monday that the defendants broadly denied nearly all the allegations of the original complaint, even that Hilgeman was an associate attorney pursuant to the terms of an employment agreement, “although his signature appears on the employment agreement attached to the complaint.
“In this context they go on to claim the allegations of the complaint and the article published by this newspaper were ‘defamatory.’ Suffice it to say my clients trust the legal system and remain confident justice will prevail.”
Published: Saturday, March 24, 2018 @ 5:18 PM
BEAVERCREEK — Beavercreek police took to social media to help identify two theft suspects who make off with more than $4,000 in merchandise from an AT&T store.
The two men entered the store at approximately 6:15 p.m. March 21 and stole iPhones and notepads, according to a Facebook post.
Both suspects are described as men in their early 20s wearing black hooded sweatshirts. One was wearing black jeans as well, and the second man had a hoodie with the letters “LB” on the back who also was wearing red Jordan shoes and khakis, police said.
Anyone with information is urged to contact detective John Bondy at 937-427-5520.
Published: Saturday, March 24, 2018 @ 6:23 PM
CENTERVILLE — More than 100 faith leaders gathered Saturday at the Normandy United Methodist Church for a safety and security seminar.
The Ohio Crime Prevention Association led the program focusing on the proactive steps houses of worship can take for their protection.
“It’s kind of an all hazards program, to give them a view of things we can consider, what can we improve upon. Then we give them the knowledge and resources for these plans to be better secure and make it safer,” said John Davis, a Centerville police officer who also serves as vice president of the Ohio Crime Prevention Association.
The seminar focused on all kinds of crimes, from an active-shooter situation to burglaries and break-ins.
Published: Friday, March 23, 2018 @ 11:53 PM
JEFFERSON TWP. — Deputies are searching for a suspect who stabbed a man Friday night as he was was walking on Maeder Avenue.
The Montgomery County Sheriff’s Office was dispatched around 9:35 p.m. to the 20 block of Maeder Avenue, just off West Third Street.
The victim was taken to Miami Valley Hospital. The stab wound is not life-threatening, deputies said.
The incident remains under investigation.
Published: Friday, March 23, 2018 @ 11:12 PM
Updated: Saturday, March 24, 2018 @ 12:10 AM
DAYTON — UPDATE @ 12:10 a.m. (March 24)
Flames consumed a vacant house Friday night on Lorain Avenue.
The two-story house had not been lived in for some time, and the source of the fire is under investigation because the dwelling had no utilities connected, Dayton fire officials said.
No injuries were reported, and no arrests have been made.
Crews were called late Friday night to a fire at a vacant house.
Flames were shooting from the two-story house when crews were called around 11 p.m. to 917 Lorain Ave.
We are on the way and will update this report as we learn details.
Got a tip? Call our 24-hour monitored line, 937-259-2237, or send it to email@example.com