Burke, Joseph T, JD

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Burke, Joseph T, JD

Guardianship
Joseph T. Burtke serves clients with estate planning needs and has represented many clients in probate court in the administration of estates, trusts and guardianships. Joseph T. Burke has the benefit of a full-time staff and paralegals to assist you or a loved one through probate administration and the winding up of a loved one’s estates and assets. In conjunction, contact Joseph T. Burke to help you establish estate planning goals which includes Wills revocable and Irrevocable Living Trust, Medicaid Protection Trusts, real estate trusts and family limited partnerships. An experienced attorney and early strategic planning are critical in providing for your long terms objectives.

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Burke Joseph T Attorney at Law

Burke, Joseph T, ATY

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http://www.jtburkelaw.com

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Real Estate Attorneys, Accident & Property Damage Attorneys, Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Business Litigation Attorneys, Criminal Law Attorneys, Estate Planning Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, Personal Injury Law Attorneys, Professional Liability & Negligence Law Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (440) 895-1234

Address: 21300 Lorain Rd, Cleveland, OH 44126

Website: http://www.jtburkelaw.com

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Burke, Joseph T, JD

Guardianship
Joseph T. Burtke serves clients with estate planning needs and has represented many clients in probate court in the administration of estates, trusts and guardianships. Joseph T. Burke has the benefit of a full-time staff and paralegals to assist you or a loved one through probate administration and the winding up of a loved one’s estates and assets. In conjunction, contact Joseph T. Burke to help you establish estate planning goals which includes Wills revocable and Irrevocable Living Trust, Medicaid Protection Trusts, real estate trusts and family limited partnerships. An experienced attorney and early strategic planning are critical in providing for your long terms objectives.

Criminal Defense
Attorney Joseph T. Burke provides skilled, passionate representation to assist those who are charged with a OVI/DUI in the Cleveland area and throughout all of Northeast Ohio. He understands that a OVI/DUI impacts an individual, their employment and their family. Much is at stake. Joseph T. Burke has practiced law for over 26 years and is an experienced criminal defense attorney who specializes in OVI/DUI defense and is willing to put his experience and skills to work in defending you.
DUI/DWI
Many motorists arrested for DUI/OVI do not understand the relationship between their criminal case and the Bureau of Motor Vehicles (BMV). Arrests for driving under the influence trigger two separate cases: the criminal case and the BMV case. Currently, both the BMV and the Court have authority and discretion to suspend a Defendant’s driver's license, generally, they are suspended consecutively, first by the BMV and then by the Court.
Wrongful Death
Wrongful death cases are extremely emotional for everyone involved and are usually complicated legal matters. Wrongful death cases are similar to personal injury cases in many respects. The law allows a decedent’s estate to recover money damages because of someone else’s negligence. These cases implicate legal issues involving probate, insurance, subrogation and tax issues. If a friend or family member has died because of someone else’s conduct, you should contact an attorney immediately.
Traffic Violations
A DIP class is a defensive driving class that is comparable to a class you might take after a traffic violation. During DIP class, you will examine your drinking and drug-use behavior patterns and develop a plan to reduce a potential repeat offense.
Sex Crimes
Cases of sexual misconduct can be complicated. Victims often face a long struggle to recover from the abuses that they experienced. In many cases, the victims are afraid to report what happened and may even blame themselves. Emotional injuries as a result of the abuse can last a lifetime.
Misdemeanors
The criminal legal system, whether misdemeanors or felonies, can be very intimidating. Joseph T. Burke has assisted many clients in ensuring that their constitutional rights are protected by acting as their advocate in these matters.
Assault
Homicide
State v. Mayl (2005) 106 Ohio St. 3d 207 – When results of blood-alcohol tests are challenged in an aggravated-vehicular homicide prosecution that depends upon proof of an R.C. 4511.19(A) violation, the state must show substantial compliance with R.C. 4511.19(D)(1) and OAC 3701-53 before the test results are admissible.
Restraining Order
Obtained a temporary restraining order against a computer IT provider that attempted to cut-off an international business from their electronic data and files when a dispute concerning IT services arose. Ultimately, a settlement was reached that provided that the company was the sole owner of the data and files and had exclusive right to possession of the same, The case remains ongoing as to the underlying disputes regarding the services (or lack thereof) that were allegedly rendered.

Business and Corporate Law

Business Disputes
Joseph T. Burke has represented numerous businesses, both large and small, in a wide array of litigation matters, including, but not limited to: shareholder and partner disputes, noncompetition agreements, trade secret disputes/theft, employment matters, electronic discovery, and contract disputes.

Wrongful Termination
Joseph T. Burke represents both employers and employees in a variety of labor and employment matters, including: wage law violations, contract disputes, contract negotiations, discrimination, harassment, wrongful termination, retaliation, whistle-blowing, severance agreements, noncompete agreements, workplace injuries, unemployment compensation, FMLA, and other similar matters.
Non-compete Agreement
Severance Agreement

Real Estate Litigation
Real estate law involves a number of different practice areas including the preparation of contracts, deeds or other instruments, land use, neighbor disputes and zoning issues to name a few.
Premises Liability
Slips, trips, and falls, are the most common causes of “premises liability.” Generally, liability can arise where one who is lawfully on land belonging to another slips, trips or falls and sustains injury as a result of a hazardous or dangerous condition that the injured party was not aware existed. In order to be liable for such an injury, the landowner must have created the hazard or knew or should have known about the danger but failed to correct it or warn the injured party of the hazard. The hazard also cannot be something that was open and obvious or due solely to a natural occurring accumulation of snow, ice or water.
Real Estate Transactions
No two pieces of real estate are the same, therefore, you want to make sure your transaction is handled properly. Laws regarding real estate transactions are highly technical and in certain areas, rapidly change. Real estate law involves a mixed bag of issues ranging from dealing with government offices and officials to banking regulations and construction and tax law, among others.
Land Use and Zoning

Personal Injury
If you believe you were injured due to an unnatural accumulation of water, snow or ice, contact Joseph T. Burke for a consultation. As an experienced personal injury attorney, Joseph T. Burke can help assess any potential liability and further advise you of the legal options based upon the particular facts and circumstances of your situation.
Auto Accidents
Dog Bites
Ohio is a strict liability state when it comes to dog bites under the Ohio Revised Code. That means that an owner, harborer or keeper of a dog is responsible for the injuries the dog causes, even if they did not know in advance that the dog was dangerous. In Ohio, there is no such thing as “one free bite,” as is the case in some other states. Generally, unless the victim was trespassing, teasing, tormenting, or abusing the dog, the victim is entitled to compensation for their injuries from a dog bite. If you have been bitten by a dog, contact Joseph T. Burke today.

Trusts and Estates

Estate Planning
Wills
Trusts
Probate

Foreclosure
Obtained a judgment for $545,000.00 judgment for fraud and breach of contract including an award of punitive damages an attorney fees involving a mortgagee’s fraud in selling real property without satisfying the mortgagor’s lien. The Plaintiff satisfied its judgment by obtaining a charging order against the Defendant’s membership interest in a limited liability company and intervened in the limited liability company’s fire casualty claim and successfully attached the proceeds of this claim. In addition, Plaintiff obtained a substantial settlement against the title insurance underwriter arising out a subsequent foreclosure filed by the Plaintiff against the new property owner and lender defeating the lender’s claim for equitable subrogation.
Tax Law

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