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, he 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, he has successfully helped his clients achieve settlement in litigated matters. He has 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
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Southern District of Ohio
- Ohio State Bar Association
- Cincinnati Bar Association
- Admissions Committee chair (2014 - 2015)
- Unauthorized Practice of Law Committee
- Defense Research Institute
- Cincinnati Academy of Leadership for Lawyers (CALL) Class XI
- American Cancer Society’s Relay for Life, co-chair, Anderson Township, Ohio (2015, 2016)
- United Way of Greater Cincinnati
- Roebling Society
- Dinsmore’s Annual United Way Campaign past chair
- Trial Advocacy Institute Co-Sponsored by NITA and CBA, faculty member
- Guardian Angels Church
- Stewardship Committee and
- Athletic Boosters board member
- Lockland High School Mock Trial Team, past legal adviser
- Clark Montessori High School Mock Trial Team, past legal adviser
- Volunteer youth soccer coach for multiple soccer leagues
- Peer Review Rated AV in Martindale-Hubbell
- Difference Maker Award in Honor of Alice J. Neeley
- Ohio Rising Star by Law & Politics (2005, 2012 - 2013)
- Best Lawyers® for Product Liability Litigation