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Joshua C. Berns
Partner

Joshua Berns is a civil litigation attorney with experience in a wide variety of civil and commercial matters. His two primary areas of focus concern representing business owners in premise liability matters and defending litigated construction-based claims. Josh’s practice is heavily centered on representing companies in the retail, restaurant, hospitality, and entertainment space including protecting their interests in all facets of premise liability lawsuits. He has also represented general contractors and subcontractors in a gambit of construction and commercial-based litigation. With a seasoned litigation background, Josh has done considerable work in cases related to product liability, employer intentional tort, commercial leasing disputes, and insurance defense matters. Josh carries an extensive background and understanding in appellate advocacy, arguing, and winning a variety of cases throughout appellate districts in the State of Ohio. Josh received his B.A. with honors from Kent State University. There, he received special recognition from the 127th General Assembly of Ohio for his completion of the 2007 Kent State University Program of Intergovernmental Affairs. Josh earned his J.D. cum laude from Capital University Law School, where he was editor of the Capital University Law Review. Josh was a CALI award recipient for ranking first in his class in legal research and writing. Josh is admitted to practice in Ohio and before the U.S. District Courts for the Northern and Southern Districts of Ohio. He is a member of the Ohio State and Columbus Bar Associations and the Ohio Association of Civil Trial Attorneys. Josh resides in Columbus and is a proud husband and father of two.

Education

  • Kent State University, B.A./B.S.
  • Capital University, J.D. cum laude
  • Order of Curia
  • Associate Note Editor, Capital University Law Review
  • CALI Award Recipient - Legal Research and Writing and Administrative Law

Representative Matters

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.

Preparation of various pleadings, dispositive motions, and other documents filed in state and federal courts.

Taking depositions in complex construction cases and drafting and responding to discovery requests, including requests for admission, interrogatories, and requests for production of documents.

Handling e-discovery in construction and insurance cases, including review of construction blueprints, plans, and specifications.

Professional Associations

Ohio State Bar Association

Columbus Bar Association

Ohio Association of Civil Trial Attorneys

Honors, Awards and Civic/Community Involvement

Best Lawyers Ones to Watch in America - Construction Law (2024); Litigation-Construction (2025)
Ohio Super Lawyers Rising Stars (2022; 2023)

Bar Admissions

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

Published Cases

Welther v. Plageman, 2021-Ohio-713 (Ct. App.)
Acheff v. Meijer, Inc., 2019-Ohio-2314 (premises 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, October 30, 2014) (premises liability)


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