Experience
Allegations of Tortious Interference Against a Software Company
We represented several individual investors of a software development company in a complicated dispute with the software company. We successfully defended claims against the investors by the software company alleging, among other claims, that our clients had tortiously interfered with the company’s business. The court granted our motion to dismiss the claims asserted against our clients. We also prevailed on a related action for our clients where we enforced the clients’ security interest in software developed by the software company. As a result of prevailing in that litigation, the software company assigned all of the rights and interests in the software to our client. After our clients obtained the software, we were able to navigate the clients through a complicated international sale of the software, which produced a very beneficial result for our clients.
Alleged Violations of Fair Debt Credit Protection Act
We represented a debt purchaser when a consumer brought a class action counterclaim against the client for alleged violations of the FDCPA and Kentucky usury laws. The consumer argued that the National Bank Act did not preempt Kentucky usury laws and that the Dodd-Frank Act no longer allowed federal preemption to assignees. Summary Judgment was granted to debt buyer.
American Energy Corp. v. Charles Datkuliak, et al.
Won declaratory judgment allowing our client to mine in excess of $4 million of coal over the objection of the gas well owner/operator. Successfully argued the case on appeal to the 7th Appellate District, and the Ohio Supreme Court refused to accept jurisdiction.
The case set multiple precedents for gas/oil well interference with coal rights. Despite the efforts of multiple oil/gas associations to have this decision reversed on appeal and in the Ohio Supreme Court, our client won at each stage of the procedure.
Amway v. Procter & Gamble
We defended our client against a claim in excess of $100 million for alleged defamation and tortious interference. The case resulted in summary judgment for the defense.
Anonymous Department of Insurance v. Big Six Auditing Firm
We represented an insurance liquidator who alleged that the auditor defendant was negligent in auditing the financial statements for the insolvent insurance company and that the negligence caused damage to the company's estate. This case involved complex concepts of insurance, accounting, and auditing. The discovery process included the depositions of over 25 witnesses, including 5 expert witnesses. On the first day of trial, the defendant settled for a multi-million dollar sum. During the case, Dinsmore & Shohl prevailed on nearly every motion. Significantly, the trial court allowed Dinsmore's litigation team to pursue damages against the defendant based upon a deepening of the insolvency theory.
Anonymous Disciplinary Board v. Anonymous Client
I represented an individual in an administrative disciplinary action before the relevant State Board. The case was dismissed.
Anonymous Plaintiff v. Anonymous Client
I defended an individual against a claim for automobile liability in the amount of $150,000. The case resulted in a zero verdict.
Anonymous Plaintiff v. Community Medical Center
Dinsmore & Shohl represented a church whose control of a hospital was challenged by community residents in a class action. The case was settled.
Anonymous Plaintiff v. Insurance Company
Defended insurance company in multi-million dollar coverage action brought in state court in New Brunswick, N.J. by manufacturing company seeking to recover cleanup costs associated with environmental sites around the country. Among others, the suit included issues of choice of law, trigger of coverage, and allocation. The claims against the client were settled through mediation.
Anonymous Plaintiff v. Manufacturer of Dental Equipment
Dinsmore & Shohl represented the manufacturer of dental equipment in a claim alleging personal injuries as a result of exposure to sewer gas. The case was settled.
Anonymous Plaintiff v. Owners of Nursing Home
The Plaintff sued our client, the owner of a nursing home, for $100,000 for negligence related to a slip and fall. The claim was dismissed on summary judgment.
Anonymous Plaintiff v. Regional Restaurant Business
I represented the Defendant, a regional restaurant business, in a $75,000 claim for food liability. The case resulted in a zero verdict.
Anonymous Plaintiff v. Small Business Owner
I represented the Defendant, a small business owner, in a landlord tenant / property damage suit seeking $450,000. Plaintiff's lowest settlement demand was $150,000 made just prior to the jury being seated. Our pretrial settlement offer was $7,500. The total judgment awarded was $4,500.
Anonymous Plaintiffs / Claimants v. Insurance Company
We serve as regional counsel to an insurance carrier by providing coverage opinions and advising the carrier as to appropriate and consistent claims handling for multiple property and casualty claims, including wind, fire, vandalism, water damage, hail and similar perils. We have consistently prevailed in motions for summary judgment on issues of coverage and alleged bad faith.
Anonymous Plaintiffs v. Debt Purchaser
We serve as national coordinating counsel for Debt Purchaser in the appropriate handling of consumer debt collection and the defense of FDCPA and related litigation, including class action litigation. We manage local counsel and coordinate all aspects of litigation.
Anonymous Plaintiffs v. ESOP Plan Trustees
In this case, we represented two plan trustees of an ESOP on claims that were brought against them for breach of fiduciary duty and claims challenging the value of stock which had been sold by the plan trustees to the ESOP. The plaintiffs were seeking over $30,000,000. Our representation of our clients began after judgment had been entered against the defendants on liability, but prior to a determination of damages. The matter was settled.
Anonymous Plaintiffs v. Large National Coal Company
Our firm represented a large national coal company in its claims for breach of contract, fraud, misrepresentation and tortious interference with contract involving multiple coal contracts and assignments of contract for coal for a power company's North Carolina generating station. A settlement was ultimately reached.
Anonymous Plaintiffs v. Vacation Resort
Plaintiffs were injured while on vacation at a resort in Mexico. They sued our client, the Florida company responsible for the resort's marketing and sales. Plaintiffs claims were dismissed for lack of in personam jurisdiction.
Arbitration
I am experienced in handling such matters individually as well as the chairman of multi-member panels hearing and deciding private arbitrations involving large publicly traded land holding and operating companies to smaller privately held companies addressing disputes over coal reserves, leases, contract mining agreements, and sales agreements, with amounts at stake ranging from less than $1 million to in excess of $100 million. I am also experienced in handling other, non-coal related, commercial disputes as a former American Arbitration Association commercial panel member.
Arch Coal v. Tuco, Inc.
We were advising and assisting the client in very contentious negotiations over a price adjustment provision in a long term, high volume coal supply contract. As it began to become apparent the negotiations were unlikely to reach a mutually acceptable conclusion, we helped formulate a strategy that resulted in a complete re-negotiation of the contract, resulting in new pricing and other significant concessions by the utility. We filed suit on behalf of our client in the 6th Judicial District, Campbell County, Wyoming in anticipation of the filing of a claim by the Defendant utility in its own jurisdiction in Texas. The existence of the case in Wyoming assisted in reaching a commercial resolution to the dispute on terms favorable to the client.
Asbestos Litigation
Defended manufacturer against product liability claims, resulting in defense verdict at trial affirmed on appeal. Defended premises liability case, obtaining summary judgment affirmed by the Kentucky Supreme Court.
Asbestos Premises Litigation
Served as national coordinating counsel, for defendant premises owners in asbestos premises cases pending in state and federal courts. Our client owned and operated facilities were plaintiffs alleged they were exposed to asbestos while working on the premises. We successfully resolved numerous cases through voluntary dismissals and motion practice.
Asbestos Product Liability Litigation
Served as national coordinating counsel for defendant product manufacturers in multiple asbestos product liability cases pending in state and federal courts. The cases involved claims of alleged exposure to asbestos-containing products manufactured by our clients. We successfully resolved these cases either through voluntary dismissals or motion practice.
Asset Purchase
Represented the purchaser of assets of the manufacturer of environmental containment equipment for gas stations which was embroiled in a patent infringement dispute with a hostile third party.
Automobile Class Action Litigation
Dinsmore & Shohl represented a large automobile distributor in class action litigation initiated in Ohio and Kentucky, alleging the automobiles distributed by our client that were subject of a nationwide recall, unintentionally accelerated or were prone to such an alleged defect. The class action plaintiffs alleged a variety of claims, including fraud, breaches of express and implied warranties, negligence, and violations of consumer protection statutes. Plaintiffs also sought compensatory relief in the form of diminished value of the subject vehicles or injunctive relief. Dinsmore & Shohl either successfully removed all such actions to federal court, where they were consolidated in multi-district litigation, or obtained a dismissal of the entire suit.
Automobile Parts Manufacturer v. Health Insurer
We represented a manufacturer of automobile parts in a claim against its health insurer for breach of contract, breach of fiduciary duty and negligent misrepresentation in a dispute over the defendant's alleged failure to provide insurance coverages as promised. Our client sought over $1,000,000 in damages. The matter was settled.
Beneficial Franchise Company v. BankOne, et al.
We were lead counsel for defendants Republic Bank & Trust and River City Bank in patent infringement case involving business method patents purportedly covering systems and software relating to tax refund anticipation loan processing. We successfully settled the case after prevailing with respect to novel contractual third-party claims which we brought against an affiliate of the plaintiff patent owner. Beneficial Franchise Company v. Bank One, et al., Civil No. 00 C 2441 (N.D. Ill. 2001).
Bohl v. Hauke
Dinsmore & Shohl defended American Building Components in a Highland County, Ohio case involving allegations American Building Components breached its limited written warranty, was negligent, and breached an alleged obligation of good faith and fair dealing when it supplied a roof to a general contractor, who constructed a commercial dairy barn for the plaintiff. The case was dismissed based upon the Court's enforcement of a forum selection clause contained in the limited written warranty. In essence, the Court refused to let the plaintiff selectively enforce the provisions of the limited written warranty. The Court's ruling was upheld by Ohio's Fourth Appellate District, and the opinion is published as: Bohl v. Hauke (4th App. Dist. 2009) 180 Ohio App.3d 526.
Breach of Contract and Tort Claims Against Insurance Benefits Company
An insurance benefits company acquired the assets of another company operating as third-party administrator. Shortly after acquisition, the third-party administrator was sued, along with the insurance benefits company for various breach of contract and tort claims. The matters at issue include successor liability, enforceability of arbitration clause and indemnification and indemnity claims.
Breach of Contract in a Case Involving Two Recycling Companies
We represented the plaintiff, a recycling and scrap metal company, in a jury trial centered on allegations of breach of contract. Our client collected metal and had entered into a contract to supply that metal to Industrial Services of America, a larger recycling company. The contract also called for Industrial Services of America to refer certain customers to our client, specifically with regard to retail customers for their recycling needs. However, when the scrap metal salvaging market became increasingly profitable, our client saw that customer referrals were no longer coming. We alleged that Industrial Services of America had breached the contract, and in a two-week jury trial, we proved that the defendant had stopped referring clients. We were awarded a $990,000 jury verdict for the client.
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