When his clients need assistance, whether it be with a large or small matter, complex or routine issues, Toby is able to provide the skills necessary to achieve an optimal result through the litigation process in an even-keeled, results-oriented manner. In an era where many civil litigators have increasingly limited courtroom experience, Toby sets himself apart with extensive and meaningful experience as a trial lawyer. He has represented his clients as lead counsel in more than 40 jury trials successfully tried to a verdict in state and federal courts throughout the country, and more than a dozen bench trials and arbitration proceedings in multiple jurisdictions. He has successfully handled cases ranging from catastrophic injury or wrongful death claims, complex commercial and business litigation disputes, class action cases, construction defect claims, breach of warranty or lemon law matters, real estate disputes, and countless others.
Toby has a local, regional, and nationwide practice having litigated or managed litigation in nearly every state in the country. He has successfully tried cases in courts throughout Ohio, Kentucky, West Virginia, Illinois, New Jersey, Alabama, North Carolina and Oklahoma. He also has significant appellate experience, having successfully navigated his clients through a variety of complex issues, and argued before the U.S. Sixth Circuit Court of Appeals and the First, Second, Third, Fourth, Fifth, Seventh, Ninth, Tenth, Eleventh and Twelfth Appellate Districts in Ohio.
A considerable portion of Toby’s practice involves defending motor vehicle manufacturers and distributors, and several other clients, in individual and class action cases involving consumer sales practices, product liability, dealer protest actions, fraud and warranty claims. He currently serves as national coordinating counsel for all of the warranty litigation claims asserted against a major international motor vehicle manufacturer. Among the recent highlights of his practice, he successfully defended an international motor vehicle distributor in a nationwide class action settlement involving a highly contested consumer sales practices/consumer fraud case in Ohio.
Toby also has significant experience handling a variety of commercial, business, real estate and construction litigation matters for a diverse set of clients, including banks and other lending institutions, professional service providers, plumbing companies, general contractors, subcontractors, material or component suppliers, non-profit companies, and household product manufacturers.
In addition to his considerable trial experience, Toby also has successfully helped his clients achieve settlement in litigated matters. He has developed an ability to come up with creative, “out of the box” settlement concepts and has an ability to find common ground, when appropriate, between his clients and their adversaries.
- University of Cincinnati College of Law (J.D., 1997)
- Miami University (B.A., cum laude, 1994)
- Political Science
- Southern District of Ohio
- Sixth Circuit Court of Appeals
- Ohio State Bar Association
- Cincinnati Bar Association
- Defense Research Institute
- Cincinnati Bar Association Admissions Committee (chair, 2014-2015)
- Cincinnati Bar Association Unauthorized Practice of Law Committee
- Graduate of Cincinnati Academy of Leadership for Lawyers (“CALL”) Class XI
- Co-chair of American Cancer Society’s 2015 and 2016 Relay for Life – Anderson Township, Ohio
- Past chair of Dinsmore’s Annual United Way Campaign
- Member of United Way of Greater Cincinnati’s Roebling Society
- Faculty member of Trial Advocacy Institute Co-Sponsored by NITA and CBA
- Parishioner at Guardian Angels Church, member of Stewardship Committee and board member of Athletic Boosters
- Lockland High School Mock Trial Team, former legal adviser
- Clark Montessori High School Mock Trial Team, former legal adviser
- Volunteer youth soccer coach for multiple soccer leagues
- Peer Review Rated AV in Martindale-Hubbell
- Dinsmore & Shohl Alice Neeley Memorial Award
- Named Ohio Super Lawyers Rising Star by Law & Politics 2005, 2012, 2013
- Listed in The Best Lawyers in America® for Product Liability Litigation