Michael A. Galasso's Profile Image

Michael A. Galasso

Mike Galasso joined Robbins, Kelly, Patterson & Tucker in 1999 and became a partner in 2005. He is a member of the firm’s litigation practice group and his practice is devoted almost exclusively to litigation. Mike has tried numerous cases to verdict including bench trials, jury trials, arbitrations, appeals, contested bankruptcy matters, and adversary proceedings.

Admitted to practice in Ohio, Kentucky, and Indiana, Mike’s practice extends to a wide range of civil litigation matters such as business and contract disputes, real estate disputes, land use and zoning, employment litigation, non-compete agreements, trade secret claims, franchise litigation, consumer claims, and creditor’s rights. His creditor’s rights practice regularly involves representing banks, credit unions, loan servicers, private equity, and other financial institutions in foreclosures, bankruptcies, receiverships, loan workouts, Article 9 sales, surrender and deed in lieu transactions, and related default matters. Mike also represents outdoor advertising clients in land use, zoning, permit, appropriation, and contract matters. He has significant experience in personal injury matters representing both plaintiffs and defendants.

Mike is currently representing multiple financial institutions in commercial foreclosures, receiverships, and bankruptcies involving distressed multi-family, office, and mixed use properties and has successfully concluded hundreds of cases involving the judicial sale of real estate. Mike has defended multiple class action claims and litigated cases in Ohio, Kentucky, Indiana, Colorado, Michigan, Georgia, Florida, Texas, and New Jersey.

Mike is a member of The Million Dollar Advocates Forum in which membership is limited to attorneys who have won million and multi-million dollar verdicts, awards, and settlements. He has made several presentations to professional organizations relating to foreclosure, real estate, and outdoor advertising issues.

Mike was selected to the Ohio Super Lawyers list in 2022 and 2023 based on peer recognition and professional achievement.

Prior to law school, Mike was a police officer in Knoxville, Tennessee. During college, Mike was a military police officer in the U.S. Marine Corps Reserve serving on active duty in Operation Desert Storm in Saudi Arabia, Iraq, and Kuwait.

Honors

  • Ohio Super Lawyers, 2022 - 2023

Professional Associations

  • Ohio Bar Association
  • Cincinnati Bar Association
  • Kentucky Bar Association
  • Indiana State Bar Association
  • Indiana Trial Lawyers Association
  • American Bankruptcy Institute
  • Outdoor Advertising Association of America
  • Independent Billboard Operators
  • Tri State League of Financial Institutions

Presentations and Lectures

  • American Bankruptcy Institute
  • Cincinnati Bar Association
  • State of Ohio, First District Court of Appeals Sponsored Continuing Legal Education
  • National Association of Credit Managers
  • National Business Institute
  • Outdoor Advertising Association of America

Representative Matters

  • Represented an outdoor advertising company in a successful challenge to municipal tax and permitting fees ordinances which was affirmed by the Supreme Court of Ohio.
  • Represented outdoor advertising companies in successfully challenging regulations promulgated by the Kentucky Transportation Cabinet for outdoor advertising devices.
  • Represented outdoor advertising company in challenge to the revocation of zoning permits by municipality.
  • Obtained a judgment after bench trial awarding our client a prescriptive easement over disputed real estate.
  • Represented financial institution in connection with multiple cases stemming from a $59,000,000 check kiting scheme.
  • Obtained summary judgment in favor of a bank where borrower fraudulently transferred collateral to a successor business entity.
  • Obtained a favorable jury verdict in the representation of a construction restoration company in a contract/mechanic’s lien dispute.
  • Successfully represented a client in opposing certification of a nuisance class action which was upheld on appeal.
  • Represented a financial institution in defending consumer class action which was settled with the withdrawal of the motion for class certification.
  • In representing a mortgage broker, obtained summary judgment on eight of ten claims, then obtained a bench trial judgment on the remaining claims which was later upheld on appeal.
  • Obtained summary judgment in representing an automobile dealership in consumer claims.
  • Successfully defended a financial institution in claims asserted by a corporate customer relating to a deposit account; the outcome was subsequently upheld on appeal.
  • Successfully defended an automobile warranty company in claims brought by a consumer under a warranty.
  • Obtained a judgment in favor of an outdoor advertising company in an administrative appeal which reversed the denial of a sign permit by a local zoning authority.
  • Obtained a bench trial judgment in favor of an employer in a wrongful discharge claim.
  • Obtained summary judgment in favor of an employer against claim of age discrimination.
  • Successfully defended a nonprofit organization against claims of gender discrimination.
  • Obtained a temporary restraining order and injunction in favor of an employer against a former employee arising from a non-compete agreement and trade secret claim.
  • Obtained summary judgment for an employer in an employee claim under the Family Medical Leave Act.
  • Lead counsel for the plaintiff in a personal injury claim in which the jury awarded in excess of $1,100,000 where the last defense settlement offer was $60,000.
  • Co-counsel to plaintiffs in a product liability claim where the jury awarded over $4,000,000 in punitive damages and the court awarded attorney’s fees and costs exceeding $2,000,000.
  • Negotiated settlement on behalf of a hotel in a premises liability claim.
  • Obtained a defense judgment for a transportation company in a personal injury claim in Indiana.
  • Represented stallion managers in Australia and Kentucky in claims brought by fractional owners of a thoroughbred racing stallion.
  • Represented franchisor in claims brought by a franchisee in arbitration.
  • Represented a financial institution in claims relating to underwriting of commercial loans.
  • Represented financial institutions in class action claims made under the Americans with Disabilities Act.
  • Represented a commercial lender in connection with automobile floor plan financing.
  • Represented the majority owners of a limited liability company in a claim for breach of fiduciary duties and an accounting.
  • Represented a minority shareholder of a corporation in a breach of fiduciary claim against the majority owners.
  • Represented a marketing company in obtaining dismissal of claims made under the Telephone Consumer Protection Act.
  • Represented multiple owners of commercial properties in challenging real estate tax valuations.
  • Represented a commercial mortgage holder in a disputed receivership involving a 500,000 square foot mixed use office/hotel/retail property and connected bankruptcy proceedings.
  • Represented seller of commercial property in dispute relating to right of first refusal.
  • Represented seller of commercial property in dispute arising from sale agreement.
  • Represented a court-appointed receiver appointed at the request of a municipality to abate a nuisance at a 100 unit multi-family property.
  • Represented a court-appointed receiver appointed to reverse fraudulent transfers and effectuate judicial sales of multi-family real estate properties.
  • Represented a court-appointed receiver in an action seeking to reverse the judicial sale and distribution of proceeds from the sale of multi-family property.
  • Represented outdoor advertising companies in connection with multiple eminent domain proceedings initiated by state department of transportation.
  • Represented an outdoor advertising company in commercial lease dispute.
  • Represented a condominium unit owners association challenging the attempted sale of property in Colorado by a Chapter 7 bankruptcy trustee.
  • Represented a creditor in obtaining dismissal of a Chapter 11 bankruptcy case.
  • Represented a creditor in obtaining dismissal of a Chapter 13 bankruptcy case.
  • Represented a creditor in obtaining denial of bankruptcy discharges sought by two debtors in Chapter 7 cases based upon fraud and pre-petition misconduct.
  • Represented a creditor in a Chapter 13 case challenging dischargeability of debt.
  • Represented a creditor in obtaining conversion of a Chapter 13 case to Chapter 7.
  • Obtained summary judgment in favor a mechanic’s lien claimant in action by bankruptcy plan administrator which sought to reclassify claims from secured to unsecured and to determine liens as subordinate to first mortgage.
  • Represented a creditor in successfully challenging fraudulent transfer of assets by the borrower and claims for successor liability against the transferee.
  • Represented the assignee in an assignment for the benefit of creditors involving over $25 million in assets.
  • Represented purchaser of assets in Section 363 Bankruptcy Code sale.
  • Represented lessors in the assumption and sale of multiple leases in bankruptcy.
  • Represented tenants in common as commercial real estate investors in successfully challenging claim of secured lender over pre-default property income on appeal.
  • Represented lender in foreclosure and receivership of franchised restaurant.
  • Represented lender in foreclosure and receivership of pet hotel.
  • Represented secured creditor in receivership sale of industrial properties.

Decisions

  • Mundy v. Centrome, Inc., 2023-Ohio-1321 (12th Dist. App.) (sanctions).
  • Cincinnati Development III, LLC v. Cincinnati Terrace Plaza, LLC, 2023 U.S. App. LEXIS 6132 (March 14, 2023 6th Cir.) (contract dispute).
  • In re Murray Energy Holdings Co., 2022 Bankr. LEXIS 2897 (Sept. 30, 2022 Bankr. S.D. Ohio) (lien priority and claim classification dispute).
  • H. Franchising Sys., Inc. v. CareSmart Solutions, Inc., 2022 U.S. Dist. LEXIS 167798 (Sept. 15, 2022 S.D. Ohio) (preliminary injunction on covenant of noncompetition).
  • In re Murray Energy Holdings, Co., 638 B.R. 588 (Bankr. S.D. Ohio 2022) (dispute as to the scope and extent of mortgage as to subsurface estate).
  • Norton Outdoor Advertising, Inc. v. Village of St. Bernard, Oh., 2022 U.S. Dist. LEXIS 108120 (June 16, 2022 S.D. Ohio) (constitutionality of municipal ordinance).
  • Shipp v. Norton Outdoor Advertising, Inc., 2022-Ohio-216 (1st Dist. App.) (class certification).
  • 255 Fifth Street Holdings, LLC v. 255 Fifth, LP, 2022-Ohio-851, 186 N.E.3d 323 (1st Dist. App.) (scope of assignment of rents).
  • In re Malone, 2021 Bankr. LEXIS 3600 (Dec. 2, 2021 Bankr. S.D. Ohio) (bad faith bankruptcy dismissal).
  • Winter Enterprises, LLC v. West Bend Mut. Ins. Co., 2021 U.S. Dist. LEXIS 175079 (Sept. 15, 2021 S.D. Ohio) (insurance coverage dispute).
  • Crosby v. Secretary of HHS, 2021 U.S. Claims LEXIS 1558 (July 22, 2021) (Fed. Cl.) (attorney fees).
  • Lamar Advantage GP Co. v. City of Cincinnati, 166 Ohio St.3d 319, 2012-Ohio-3155, 185 N.E.3d 1032 (constitutionality of municipal billboard tax).
  • Lamar Advantage GP Co., LLC v. City of Cincinnati, 2021-Ohio-2422, 176 N.E.3d 81 (1st Dist. App.) (political subdivision immunity).
  • Schumacher v. Secretary of HHS, 2021 U.S. Claims LEXIS 112 (Jan. 26, 2021 Fed. Cl.) (attorney fees).
  • Lamar Advantage GP Co. v. City of Cincinnati, 2020-Ohio-3377, 155 N.E.3d 245 (1st Dist. App.) (billboard tax).
  • 255 Fifth Street Holdings, LLC v. Chemed Sislin, LLC, 2020-Ohio-5248 (1st Dist. App.) (jurisdiction).
  • Douglas Co. SHI-II Warwick, LLC, 2020 U.S. Dist. LEXIS 46081 (March 17, 2020 N.D. Ohio) (action to enforce settlement agreement).
  • S. Bank Nat’l Ass’n v. Broadnax, 2019-Ohio-5212 (Dec. 18, 2019 1st Dist. App.) (statute of limitations for commercial paper).
  • JM Burns Steel Supply, Inc. v. Floyd, 2019 Bankr. LEXIS 2739 (Aug. 26, 2019 Bankr. W.D. Ky.) (adversary proceeding to determine discharge).
  • Southern Financial Group, LLC v. Kentucky, 2019 U.S. Dist. LEXIS 80206 (May 13, 2019 W.D. Ky.) (sovereign immunity).
  • Shipp v. Norton Outdoor Advertising, Inc., 2019 U.S. Dist. LEXIS 6040 (Jan. 14, 2019 S.D. Ohio) (remand to state court).
  • Winter Enterprises, LLC v. West Ben Mutual Ins. Co., 2018 U.S. Dist. LEXIS 24471 (Aug. 1, 2018 S.D. Ohio) (bifurcation).
  • State ex rel. McGirr v. Winkler, 2017-Ohio-8046, 152 Ohio St.3d 100, 93 N.E.3d 928 (2017) (writ of prohibition).
  • Cook v. Rockwell Int’l Corp., 2017 U.S. Dist. LEXIS 181814 (April 28, 2017 D. Colo.) (order awarding attorney’s fees).
  • Cook v. Rockwell Int’l Corp., 2017 U.S. Dist. LEXIS 215181 (Jan. 9, 2017) (substitution of assignee for benefit if creditors).
  • Friedberg v. Madison Realty Invs., Inc., 2016 U.S. Dist. LEXIS 51826 (April 18, 2016 S.D. Ohio) (order to quash subpoena).
  • Friedberg v. Madison Realty Invs., Inc., 2015 U.S. Dist. LEXIS 116511 (Sept, 1, 2015) (order to quash subpoena).
  • James T. Scatuorchio Racing Stable, LLC v. Walmac Stud Mgmt., LLC, 2014 U.S. Dist. LEXIS 71658 (May 27, 2014 E.D. Ky.) (discovery).
  • James T. Scaturochio Racing Stable, LLC v. Walmac Stud Mgmt., LLC, 2014 U.D. LEXIS 689981 (May 20, 2014 E.D. Ky.) (equine dispute).
  • Sandeep & Payal, Inc. Richmond, 2014-Ohio-76 (12th Dist. App.) (statute of limitations).
  • Osbourne v. Van Dyk Mortgage Corp., 2013-Ohio-332 (12th Dist,) (violation of Mortgage Broker Act).
  • John F. Ruggles, Jr., Inc. v. Ventex Tech., Inc., 2011 U.S. Dist. LEXIS 79816 (July 21, 2011 E.D. Ky.) (warranty claims).
  • John f. Ruggles, Jr., Inc. v. Ventex Tech., Inc., 2011 U.S. Dist. 39730 (April 11, 2011 E.D. Ky.) (expert testimony).
  • Eversole v. H & J Trucking, Inc., 2010 U.S. Dist. LEXIS 145773 (June 4, 2010) (orders in limine excluding expert witnesses).
  • In re Oldfield, 2010 Bankr. LEXIS 6555 (May 10, 2010 Bankr. E.D. Ky.) (Chapter 13 debt limits).
  • Benhase Holdings, LLC v. Tanner Creek Properties, LLC, 2008 U.S. Dist. LEXIS 324 (Jan. 2, 2008 S.D. Ind.) (sovereign immunity).
  • McComas v. Ace Reporting, Inc., 2007-Ohio-6216 (1st Dist. App.) (attorney client privilege).
  • McGaughey v. Garlyn Shelton, Inc., 208 Fed. Appx. 427 (6th Cir. 2006) (conversion).
  • Grantz v. Discovery for Youth, 2005-Ohio-680 (12th Dist. App.) (discovery of juvenile records in tort action).
  • Concrete Coring Co. v. Gantzer, 2002-Ohio-6655 (1st Dist. App.) (summary judgment standard).