H. Toby Schisler

We represented an employer that operates a hotel in suburban Cincinnati, Ohio in an employment discrimination lawsuit. The Plaintiff asserted alleged violations of the FMLA. The case went to trial in the Southern District of Ohio. The Plaintiff sought in excess of $250,000 from the jury, plus attorney fees. Through effective presentation of the evidence and cross-examination of witnesses, we were able to limit the jury’s verdict to only $10,000.

We successfully defended a non-profit entity that served as a source of funding for the renovation of a residence in Cincinnati, Ohio. The homeowners asserted claims against our client and the contractor who worked on the residence under a number of legal theories including negligence, breach of contract, and alleged violation of the Consumer Sales Practices Act. After the homeowners settled with the contractor, the claims against our client went to trial. We obtained a defense verdict from the jury on all but one of the claims. The sole claim in which the jury found in favor of the Plaintiffs resulted in a verdict of only $5,000. We appealed the $5,000 verdict, and the court of appeals reversed that portion of the jury’s verdict (leaving intact the portion of the jury’s verdict that returned a defense verdict in favor of our client). Thus, all claims against our client were dismissed.

Dinsmore represented a major motor vehicle manufacturer in cases filed in Ohio associated with allegations of sudden unintended acceleration. We removed the cases to federal court and were involved in successfully litigating the matters as part of the multi-district litigation procedure.

We represented an international automobile manufacturer in a breach of warranty/consumer sales practices act case that was litigated in Franklin County, Ohio. The case involved a multitude of alleged defects and non-conformities with the vehicle’s warranty. We argued that the conditions did not substantially impair the use, value, or safety of the vehicle. Following the conclusion of a trial we obtained a defense verdict on behalf of our client.

We represented a material supplier in a commercial construction dispute in which our client was seeking in excess of $400,000 for materials supplied to the project. After the general contractor failed to pay the amounts due (and subsequently went out of business), we made a claim on the payment bond associated with the project. The surety company refused to pay our client’s claim on the bond, contending that our client was not entitled to recover because the project owner had issued joint checks payable to the general contractor and the owner. We successfully overcame the surety company’s reliance upon the “joint check rule” by prevailing on a motion for summary judgment. The court of appeals and the Supreme Court of Ohio affirmed the summary judgment ruling in favor of our client. Accordingly, our client was able to recover the entire unpaid amount from the bonding company, plus interest and fees.

We represented the lender in a multi-million dollar commercial foreclosure proceeding involving shopping malls located in Ohio and Indiana. We successfully sought the appointment of a Receiver for the properties, and were able to efficiently and effectively complete the foreclosure proceedings.

We represented a major international motor vehicle distributor in a fraud and “lemon laundering” case filed in Clark County, Ohio. The Plaintiff alleged that our client had improperly sold a repurchased vehicle in Ohio in violation of Ohio’s Consumer Sales Practices Act. Through effective motion practice, particularly successfully presenting a number of motions in limine, we were able to negotiate a very favorable settlement for our client on the first day of trial.

We represented an international motor vehicle distributor in a lemon law/breach of warranty case that was tried to a jury in Lake County, Ohio. The Plaintiff sought compensatory and treble damages close to $100,000, plus attorney fees. The jury returned a defense verdict on all but one of the claims for our client, and the remaining claim resulted in a verdict for the Plaintiff of only $600. We also successfully opposed the Plaintiff’s efforts to recover attorney fees, with the court awarding the Plaintiff’s counsel less than 10% of the fees sought.

We served as lead counsel on behalf of an international motorcycle manufacturer and distributor in a class-action lawsuit involving alleged violations of the consumer sales practices act. The case involved a situation in which the National Highway Traffic Safety Administration (“NHTSA”) had determined that certain design features of the product needed to be revised to comply with the motor vehicle safety standards for motorcycles, and ordered a recall of the affected vehicles. We were successful in having the majority of the claims dismissed through a Motion for Judgment on the Pleadings. Following the dismissal of the majority of the claims, we were able to negotiate a nationwide class action settlement resulting in a very favorable resolution for the client.

We represented home owners in a highly contested and aggressively litigated product defect case associated with “EIFS” cladding installed on their residence. The manufacturer of the product contended that our clients’ claims were precluded by the terms of a class action settlement agreement. We obtained a favorable ruling from the court of appeals that our clients’ claims were not barred by the class action settlement. As a result of the favorable ruling from the court of appeals (upheld by the Supreme Court of Ohio), we were able to negotiate a favorable settlement to resolve the matter.

We represented an international motor vehicle manufacturer in a product liability personal injury action in Ohio. The Plaintiff asserted that the vehicle’s airbag system failed to deploy, and further asserted this alleged defect resulted in enhanced injuries arising from an automobile accident. By effectively developing persuasive expert witness testimony, we were able to reach a favorable settlement through a mediation session.