Defending manufacturer of RV refrigerators in product liability cases.

Represented multiple home builders in claims throughout Ohio on multiple legal issues, lawsuits, mediations, arbitrations, liens and supplier disputes.

Competition is fierce in the business world, and companies need to stay vigilant in ensuring that there is a level playing ground. When a fleet maintenance company in Louisville alleged that Insight Communications gave its fleet work to a former employee who was providing them kickbacks, they enlisted Dinsmore’s help. We represented Preferred Automotive Services, who had provided fleet maintenance services to Insight Communications before a former Preferred employee left to start his own fleet business. We alleged that Insight moved their fleet business to the former employee in exchange for free repairs on Insight managers’ personal vehicles, as well as cash and gift cards. During the course of the case, Insight hired an outside attorney to investigate the kickback allegations, but declined to release results of the report. Following a nine-day trial in the Jefferson County Circuit Court, a $2.7 million verdict was awarded to our client. In a separate lawsuit, our client also reached a settlement with the former employee.

We advised the client with respect to all aspects of the case, which was originally filed in State Court in St. Louis, then dismissed and re-filed in the US Bankruptcy Court in NY following the client's Chapter 11 filing. The U.S. District Court withdrew the reference and assumed jurisdiction of the claims. We litigated these claims for a fraction of the cost that would have been incurred by New York counsel, and achieved a very favorable settlement for the client.  The settlement  was approved by the Bankruptcy Court without objection from any constituency in the bankruptcy. Following approval of the settlement by the Bankruptcy Court, all claims were dismissed.

A significant and complex engagement in the wake of Ohio's savings and loan crisis in 1985. One of the state's largest savings banks, Home State, collapsed as a consequence of a massive fraud involving the fictitious trading by the bank in government securities through reverse repurchase agreements through a small Florida-based securities dealer. The collapse brought with it the collapse of the Ohio Deposit Guaranty Fund, the failure of numerous smaller savings institutions, and runs on many institutions.

Through passage of special legislation, the Ohio Attorney General was empowered to appoint an independent Special Prosecutor having criminal jurisdiction over the entirety of the state's savings and loans. Dinsmore & Shohl partner, Lawrence A. Kane, Jr. was named Special Prosecutor. He, in turn, assembled a staff led by his chief deputy, Dinsmore & Shohl partner, Mark A. Vander Laan, who had principal responsibility for presentation to a special grand jury, the litigation of the ensuing prosecution, and argument of the two cases which reached the Ohio Supreme Court, which in turn affirmed convictions of Home State's principals.

Over the course of five years, the team of Dinsmore attorneys, with the assistance of experienced former prosecutors, academics, and investigators assembled cases that led to the convictions and imprisonment of the owner of Home State (a former Ambassador to Switzerland), two of its former presidents, all of the surviving principals of ESM Government Securities, Inc., and the chief outside accountant for ESM; Restitution orders in excess of $100,000,000 were secured through the prosecutions. The four-month trial against Home State's owner and its two former presidents was the longest in Hamilton County, Ohio history.

Parties to corporate litigation settled their suit through partial sale, partial spinoff of key property in a stock purchase transaction.

We successfully defended our client, a financial institution holding USAID grant funds. The federal government filed a multi-million dollar claim against our client and the account holder for allegedly wrongfully transferring funds received from a USAID grant to the account holder. The case resulted in our client not being liable for funds which it had transferred pursuant to a request from the account holder.

After trial, obtained dismissal of claim brought by former salesman who alleged that he was entitled to certain protections under Wisconsin Statutes and Kentucky law. The salesman argued that his termination was improper and that he was entitled to substantial damages.

These consolidated cases concerned allegations by a minority shareholder of Thomas & King, Inc., the country's 8th largest restaurant franchise company, of improper management and self-dealing by our clients, members of the company's Board of Directors. Among the contested actions is a share offering plan that resulted in the ownership dilution of the minority shareholder and the cessation of payments to the minority shareholder under a non-compete agreement. Dinsmore took the lead on all discovery matters, managed a document production comprising well over two hundred thousand pages in paper and electronic form, and handled all aspects of discovery involving seven expert witnesses on valuation, corporate governance and restaurant-related issues. We won a motion to dismiss several counts of the plaintiff's Amended Complaint, and a motion for summary judgment on specific allegations of wrongdoing, resulting in the dismissal of all derivative claims and a limitation of direct claims to those relating solely to the share offering. Our Daubert motion succeeded in precluding any testimony from the minority shareholder's liability expert. We filed new dispositive motions on the remaining claims. The matter settled a few weeks prior to trial.

Mr. O'Neil and Ms. Bentz represented the state's largest hospital in state litigation brought by cardiovascular surgeons on the hospital's Medical Staff demanding $2,000 per day to provide on-call coverage to the hospital's trauma center and in related federal litigation brought by the hospital against the cardiovascular surgeons for alleged price fixing and an alleged concerted refusal to deal.

Defending tire manufacturers in product liability cases involving allegations of design and manufacturing defects.

Represented Plaintiffs in litigation in New York and Kentucky courts over enforcing indemnity and other contractual agreements to assume commercial bank note for coal operations. Have been successful to date on behalf of the Plaintiffs in pursuing claims in Kentucky and in defending arguments to compel arbitration and/or to dismiss the case because of a New York forum selection clause.

We represented a hospital in a federal antitrust investigation by the United States Department of Justice regarding an agreement between two hospitals relating to the provision of open heart surgery and cancer services.

Defense of motor vehicle manufacturers in cases involving alleged breach of warranty, lemon law violations and complex litigation involving Article 2 of the UCC.