Experience
Duramed Pharmaceuticals, Inc. v. Schein Pharmaceuticals
We were lead counsel for Schein Pharmaceutical in litigation brought by Duramed Pharmaceuticals concerning the conjugated estrogens drug sold as "Cenestin." After extensive discovery and motion practice, the case settled shortly before trial in 2000 with Duramed paying Schein $15 million and agreeing to pay an additional $15 million if certain profit milestones for Cenestin were met. Duramed Pharmaceuticals, Inc. v. Schein Pharmaceuticals, Case No. A9705498 (Hamilton County Court of Common Pleas)
Edward Hamilton v. Ohio Department of Health
Three Ohio AIDS patients filed a lawsuit against the director of the Ohio Department of Health (ODH) to prevent enforcement of proposed rules that would arbitrarily deny funding for potentially life-saving medications to Ohio residents infected with HIV or suffering from AIDS-related symptoms. Defendants claimed that ODH failed to follow statutory rule-making process and the proposed rules were unenforceable. Court agreed that public interest would be served by protecting the right of a public hearing, and issued preliminary injunction preventing ODH from implementing new rules pending resolution of the lawsuit.
Equipment Retailer
The plaintiff filed suit claiming that our client, a retailer of parts and equipment used in lawn maintenance, had violated anti-trust laws under the Robinson-Patman Act. Our client was awarded summary judgment in federal court and the Sixth Circuit Court of Appeals affirmed.
Fairmont General Hospital v. United Hospital Center
Mr. O'Neil and Ms. Bentz represented a hospital before the West Virginia Health Care Cost Review Authority, the Office of Judges, the Circuit Court of Marion County, and the West Virginia Supreme Court of Appeals in the successful prosecution of the hospital's application for a certificate of need to develop a $285,000,000 replacement hospital.
Farmer, Executrix v. Meuser, Executor - Will Contest
Represented several family members of the deceased, who challenged his will as being the product of lack of testamentary capacity and undue influence. The trial court instructed the jury that the appropriate standard to prove undue influence and testamentary capacity was the stricter standard of clear and convincing evidence, rather than the preponderance of the evidence standard typically applied in civil lawsuits. The Court of Appeals ruled in favor of our clients on this issue and decided that the proper standard of proof in undue influence and testamentary capacity cases is preponderance of the evidence rather than the stricter clear and convincing evidence.
Firearm Product Liability Litigation
Defended firearm manufacturers against design defect allegations.
Fortune v. Nalco Company et al.
Represented manufacturer of chemicals held in a storage tank on property owned by a coal company which overturned during a flood which occurred in Raleigh County, West Virginia. This matter was filed on behalf of fifty named Plaintiffs against several coal company Defendants, a logging company and our chemical company client. Plaintiffs filed this matter as a purported class action. Plaintiffs sought damages for medical monitoring and personal injuries including claims for wrongful death and lung cancer. Plaintiffs sought a multi-million dollar settlement. This matter settled for $20,000 on behalf of our client after we finished deposing Plaintiffs.
Franchise Disputes
Represented franchisors and franchisees in multiple business/franchise-related disputes, and acted as counsel on franchise litigation, arbitration and mediation.
Fultz & Thatcher v. Burrows Paper Corporation
We represented Defendant Burrows Paper Corporation in a lawsuit seeking in excess of $1 million for breach of contract. The defense prevailed on summary judgment, and again on appeal, where a three-judge panel rendered a unanimous decision in our favor.
Furnace Manufacturer
The plaintiffs alleged that they suffered carbon monoxide poisoning as a result of a CO leak in their furnace. After testing of the furnace by the experts found no leak in the unit and no defect, we successfully negotiated a settlement.
Gaskill v. Robbins - Division of Marital Property
Represented client in division of marital property in what would become a landmark case in the Kentucky Supreme Court. The client was a sole practitioner in oral surgery, and following a divorce, the dispute centered around the distinction between personal goodwill and enterprise goodwill in the division of the oral surgery practice. The Supreme Court ruled that goodwill of a professional practice is divided into personal goodwill and enterprise goodwill, and only enterprise goodwill is considered marital property for division in a divorce.
Genesis Plastics and Engineering, LLC v. Lear Corporation
We represented Plaintiff Genesis Plastics and Engineering, LLC in a lawsuit seeking $500,000 to $1.5 million for breach of contract, tortious interference with contract, and fraud. We were able to achieve an excellent outcome for the client by aggressively pursuing all available claims. Thoroughness in the discovery process uncovered crucial evidence leading to the favorable outcome. We also used a creative multi-media presentation during settlement negotiation to demonstrate our preparedness for trial and ability to convey the relevant facts of a complex commercial case so that a jury could readily understand and empathize with our client's position. After completion of discovery and substantial motion practice the matter was resolved with a favorable settlement for our client.
Geneva Hager v. Large National Insurance Company
Our firm defended a large national insurance company on claims that it violated the Kentucky Unfair Claims Settlement Practices Act in implementing claim handling processes for casualty claims involving soft tissue injuries arising from minor impact automobile accidents which the plaintiff contended were improper. Class certification was denied, and thereafter the insurance company won a defense verdict in a highly publicized trial of the bad faith claim of the individual plaintiff who had sought $1.45 billion in damages.
Granted class action certification and achieved settlement
Recently litigated separately filed Securities and ERISA class actions filed on behalf of employee shareholders, we were granted class action certification and achieved multi-million dollar settlement for our client. The company set an internal stock price which did not reflect the value of the stock when the Board of Directors knew the company was being positioned to be sold. When the company was sold for more than twice the stock price set by the Board, the employees who sold their stock during the pendency of the sale were not reimbursed the difference and sued to recover.
Hatfield v. Nalco Company
Plaintiff brought suit against his employer claiming deliberate intent and against our client, Nalco Company, after falling down a flight of stairs at the coal preparation plant where he worked. Plaintiff claimed that Nalco negligently manufactured polyacrylamide flocculant, which allegedly caused Plaintiff to fall when he stepped on the product which was on the floor of the plant.
Nalco did not believe that it was a proper defendant in the case and therefore filed a Motion for Summary Judgment. Following the filing of the Motion, Plaintiff voluntarily dismissed Nalco from the case and no money was paid to the Plaintiff from this Defendant.
Health Care
I have provided representation with respect to collection efforts for a large hospital pertaining to patient services for various state agencies such as regional jails and the West Virginia Department of Health and Human Services. Through the initiation of collection suits and negotiations, we have collected in excess of $500,000 of unpaid charges for a large state-wide hospital group.
Health Insurance Subrogation Litigation
Representation of health care insurers seeking enforcement of their contractual subrogation rights in tort litigation.
Host Communications, Inc. v. Sprint Communications, Inc.
Our firm represented Host Communications, Inc. in a declaratory judgment action as to whether Host was responsible to pay Sprint for certain telephone services supplied Host for various sites and facilities during the NCAA Tournament pursuant to the terms of Sprint's NCAA Corporate Partner Agreement, or whether the filed rate doctrine permitted Sprint to charge Host a rate higher than agreed upon by the parties. A favorable settlement was reached.
Hughes Miller, et al. v. Large Manufacturer of Electrical Power Systems, Products and Devices
Defense of client against product liability and breach of product warranty claim for burn injuries to electrician claiming product defect caused malfunction of electrical transformer during installation. Electrician suffered second and third degree burns on 60% of body. Plaintiff claimed damages well in excess of $1 million. Case settled for approximately $100k.
Industrial Contractor v. Various Subcontractor Defendants
Our client, an industrial contractor and supplier, sued the subcontractor for non-payment of $75,000. The case was settled before litigation was filed.
Insurance Coverage Dispute Involving Allegations of Bad Faith
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of the client’s decision not to pay death benefits under an occupational accident insurance policy. The case was removed to federal court and summary judgment was granted in favor of the insurance company.
Insurance Coverage Dispute Involving Allegations of Bad Faith, Breach of Contract
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of the client’s decision not to pay disability benefits under an occupational accident insurance policy. The case was removed to federal court and the matter was resolved at mediation.
Insurance Defense Litigation
Retained by insurance company to defend its insureds in a variety of personal injury and property damage cases pending in Ohio and Kentucky.
Jaguar Cars, Inc. v. Blackhorse Motors
Our firm represented Jaguar in a significant claim for breach of contract, RICO and fraud claims arising from a Jaguar dealer's conduct in submitting invalid warranty claims to the manufacturer. A favorable settlement was reached prior to trial.
Jaguar Cars, Inc. v. Kentucky Motor Vehicles Commission
Our firm represented Jaguar in a claim alleging that the Commission was biased in favor of dealers and against manufacturers which prevented Jaguar from receiving a due process hearing before the Commission on its application to terminate the franchise of a Jaguar dealer. Jaguar prevailed, and this decision was affirmed on appeal in a published decision (Jaguar v. Cottrell, 1999 WL 34749489), with Jaguar also subsequently receiving an award of attorneys fees.
James A. Thompson and T.R. Technologies Ky, Inc. v. Edward L. Underwood, Crescent Capital Investments, Inc., et al.
In this matter, the former owner of T.R. Technologies brought a claim for breach of contract, among other claims, stemming from his sale of a majority interest in his company to the defendants. The plaintiff was retained on a consulting basis to advise on the business. The defendants later determined that certain wrongdoings had occurred and terminated the plaintiff from his consulting position. The plaintiff sued for breach of contract. We represented the defendants and filed counterclaims against the plaintiff for fraud, breach of fiduciary duty and negligent misrepresentation. The parties were seeking over $10,000,000 in damages. The case was settled.
James H. Huff, et al. v. Real Living, Inc., Case No. A0908858, Court of Common Pleas, Hamilton County, Ohio
Breach of contract from the collapse in 2005 of the 2002 merger of Huff Realty and HER Realtors, which formed Real Living. Under the terms of the 2005 dissolution, Real Living paid Huff's owners $4 million for their share of the merged company. They were to pay an additional $4.5 million by Jan. 1, 2007. After a hearing, the judge agreed that Huff is entitled to payment, which is now $5.8 million and building by $1,110 a day with interest. The ruling was issued April 1, 2010 by Hamilton County Common Pleas Judge Steve Martin.
Jeff Mason v. Southern States Cooperative, Inc.
Our firm defended Southern States in a putative statewide class action of customers of agricultural goods on credit for violation of Kentucky's usury statute, ultimately obtaining a dismissal of all claims.
Jeffrey Williams v. American Suzuki Motor Corporation
The Plaintiff had asserted a claim against American Suzuki Motor Corporation under Ohio's Lemon Law, breach of warranty, the Magnuson-Moss Warranty Act, and Ohio's Consumer Sales Practices Act. Following the completion of a jury trial, the jury returned defense verdicts in favor of American Suzuki Motor Corporation on all but one of the claims asserted, and the remaining claim resulted in an award of nominal damages.
Jeran v. Nalco Company
Plaintiff brought suit for over $1 million against out client, Nalco Company. Plaintiff was invited to a golf scramble by a Nalco representative. During the course of the golf outing, Plaintiff consumed alcoholic beverages and at the end of the outing fell down a flight of steps, rendering him a quadriplegic. Plaintiff sued the sponsor of the outing, the country club where the outing was held and the Nalco sales representative.
Following the sale representative's deposition, Nalco filed a Motion for Summary Judgment. Thereafter, Plaintiff settled with Nalco for a nominal amount.
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