Experience
Basinger, et al. v. Pilarczyk. et al.
Dinsmore & Shohl represented the Archdiocese of Cincinnati in a breach of contract and age discrimination suit filed by two teachers who were dismissed from one of its parochial elementary schools. The reason for termination given by the school was that the teachers' marriage was canonically invalid and that their co-habitation was contrary to the school's religious mission. The teachers claimed this reason was a mere pretext for age discrimination, since they were replaced by younger teachers. Following two separate appeals, the judgment of the trial court dismissing the suit was affirmed.
Defended financial firm and officers in NASD arbitration relating to broker misconduct
We defended a financial firm and two of its officers in NASD arbitration arising out of misconduct from a former principal of the firm. The former principal systematically stole millions of dollars from customers by intercepting customer funds, changing customer addresses and falsifying account statement. After the Securities Investor Protection Corporation initiated liquidation proceedings against our client, the claimants moved to assert claims against two officers of the firm based on common law theories of liability. We moved to dismiss the claims in NASD arbitration, and the arbitration panel ordered dismissal of the federal securities fraud claims. The only claims that remained against our clients were allegations of negligent supervision, negligent hiring, breach of fiduciary duty and liability based upon the respondeat superior. Over a period of two weeks, the matter was heard before a panel of three arbitrators and we received a judgment granted in favor of one of the officers. The other officer agreed to a minimal settlement after rejecting a six-figure settlement prior to the hearing.
Doe v. Archdiocese of Cincinnati
Plaintiff brought suit against the Archdiocese of Cincinnati for breach of fiduciary duty, negligence, engaging in a pattern of corrupt activities, and respondeat superior. The trial court granted the Archdiocese's motion to dismiss because the claims were not timely and plaintiff failed to properly plead a claim arising under Ohio's corrupt practices act, which mirrors RICO. The Third District Court of Appeals for the State of Ohio reversed and the Supreme Court of Ohio granted cert and an appeal as of right because of a conflict in jurisdiction and constitutional issues presented in the case. The Supreme Court affirmed the dismissal, which resulted in the dismissal of numerous lawsuits pending in Southern Ohio, saving the client millions of dollars in defense costs. The case was also significant because it is the first ruling by the Ohio Supreme Court regarding the requirements for Ohio's corrupt practices act.
Greater Cincinnati Plumbing Contractors' Association, et al. v. City of Blue Ash
Our firm represented the City of Blue Ash, Ohio, in a suit brought by trade associations and contractors challenging the legality of the city's use of a design-build bidding process for renovation of the city recreation center. The court of appeals determined that the city's use of the desgin-build bidding process was a proper exercise of its home-rule power, and affirmed the lower court ruling granting of the city's motion for summary judgment.
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.
L.F.P. IP, LLC, et al. v. Hustler Cincinnati, Inc., et al.
Representing Larry Flynt and associated corporations organized under the trade name Hustler in breach of fiduciary duty, fraud, unjust enrichment and related allegations stemming from an effort by Plaintiff to dissolve existing relationships in the form of a partnership and joint ventures. We proved no joint venture and obtained an injunction precluding plaintiff from using Hustler trademark.
Multiple Cases Involving Allegations of Sexual Abuse
Represented Archdiocese of Cincinnati in case with allegations of sexual abuse by members of the clergy. Negotiated global resolution through a settlement fund and successfully prevailed in two Ohio Supreme Court cases, based on statutes of limitations defenses, thereby terminating most of such litigation in the state of Ohio.
Obtained dismissal of case involving allegation of Medicare and Medicaid fraud
We represented the chief financial officer of a health care organization in securities litigation. During a class action for allegations of federal securities violations, it was alleged that our client and its officers concealed material information and issued materially false and misleading statements concerning the company’s compliance with federal and state Medicare and Medicaid laws. It was further alleged that these false and misleading statements inflated the value of the company’s publicly traded securities, which when corrected, cost shareholders significant financial damage. We moved to dismiss the claims against our client and the case was dismissed.
Official Committee of Unsecured Creditors, On Its Own Behalf And On Behalf of Dwight's Piano Company et al. v. Karen L. Hendricks et al., Adversary Proceeding Case No. 02-1158, U.S. District Court, Southern District of Ohio
Obtained Judgment in favor of former CEO of Baldwin Piano Company after a two-week trial in Federal Court in the Southern District of Ohio. The Committee of Unsecured Creditors alleged, among other things, that the CEO breached her fiduciary duties in the management of the Company and sought damages in excess of $28 million. Earlier in the case, we obtained the dismissal of approximately $24 million in unsatisfied secured and unsecured claims and administrative costs associated with the bankruptcy.
Prosecuted multi-million dollar trademark action and defended counterclaim
We represented the owner of a $400 million business enterprise in prosecuting a trademark action. We contended that the defendant, who previously had claimed to be in a partnership with our client before the court dismissed his theory, was infringing upon our client’s trademarks. We proved that the defendant had no evidence to support his claims that license fee payments he had made were “capital contributions” to our client and their alleged partnership. A federal judge ruled that the defendant had infringed upon our client’s trademark and granted summary judgment to our client. He also entered a permanent injunction to prevent the defendant from using our client’s trademarks.
Stand Energy Corp. v. Cinergy Services, Inc.
Our firm represented Cinergy Energy Services, Inc. in a suit filed by Stand Energy seeking a declaration that it was not liable for failing to provide power under the terms of an "interchange agreement" due to force majeure. Stand claimed that it could not afford to provide energy to Cinergy at the price agreed to in the contract when unseasonably hot temperatures resulted in unprecedent high hourly prices for electric power. The Court of Appeals determined that economic hardship did not constitute a force majeure which would relieve Stand of its obligations under the interchange agreement.
State of Ohio v. Marvin L. Warner, et al.
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.
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.
Trademark Infringement Litigation
We represented our client’s organization in a lawsuit filed against his brother and his brother’s company for infringement of a trademark. After successfully defending through trial against a counterclaim that our client’s brother was a partner in our client’s business empire, the Court granted summary judgment in our client’s favor on the trademark claims in October 2011. A permanent injunction was entered against our client’s brother and his organization shortly thereafter.
U.S. v. Sowell
Represented death row inmate in case before U.S. Court of Appeals for the Sixth Circuit. Plaintiff was convicted of aggravated murder and sentenced to death in 1983. The Southern District of Ohio Court found plaintiff received ineffective assistance of counsel during the penalty phase of his trial by not performing adequate sentence-phase investigation. The Sixth Circuit Court affirmed the judgment of the district court to grant habeas relief. This followed two other previously successful appeals before the Sixth Circuit involving inmates who had been sentenced to death.