Joshua C. Berns

Associate

Joshua focuses his practice on resolving construction disputes and assisting clients in all phases of construction projects. His broad experience with the litigation process includes pleadings and motion practice, pretrial discovery, and trial preparation. He has experience helping clients throughout the industry achieve their goals by representing clients in wide range of construction-related disputes and facilitating complex construction projects. He also assists with catastrophic loss and has experience with commercial and insurance litigation.

Education & Admissions

Education

  • Kent State University

    (B.A./B.S., 2007)

  • Capital University Law School

    (J.D., cum laude, 2013)

    Order of Curia

    Associate Note Editor, Law Review

Admissions

  • State of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio

Experience

REPRESENTATIVE EXPERIENCE

  • Experience with cases involving complex construction and design defects, including defending general contractors, sub-contractors, and design professionals.
  • Experience with all facets of civil litigation, including disputes concerning commercial agreements, premise liability, and insurance coverage and defense matters.
  • Prepares various pleadings, dispositive motions, and other documents filed in state and federal courts.
  • Takes depositions in complex construction cases, and drafts and responds to discovery requests, including requests for admission, interrogatories, and requests for production of documents.
  • Efficiently and effectively handles eDiscovery in construction and insurance cases, including review of construction blueprints, plans, and specifications.
  • Experience drafting commercial leases, employment agreements, partnership and operating agreements, and other transactional documents.

REPORTED CASES

  • Welther v. Plageman, 2021-Ohio-713 (Ct. App)
  • Acheff v. Meijer, Inc., 2019-Ohio-2314 (premise liability and false imprisonment)
  • Davis v. Smith, 2017-Ohio-113 (premises liability)
  • Hudson v. Flores, 2016-Ohio-253 (Ohio Ct. App.) (respondeat superior and vicarious liability)
  • Pickens v. Kroger, Co., 2014 Ohio App. LEXIS 4695 (Ohio Ct. App., Franklin County Oct. 30, 2014) (premises liability)

Involvement

PROFESSIONAL AFFILIATIONS

  • Ohio State Bar Association
  • Columbus Bar Association
  • Ohio Association of Civil Trial Attorneys

Honors

  • Named to the Ohio Super Lawyers Rising Stars list (2022)