Experience Mark G. Arnzen, Jr.

Experience

Successfully Defended Ohio Hospital at Trial

Client: A Hospital

We represented a local hospital and its employee in a lawsuit filed by a patient in the Hamilton County, Ohio Court of Common Pleas. The patient claimed that his hearing was permanently damaged because of an MRI at our client’s facility. We tried the case for approximately one week. After 45 minutes, the Hamilton County jury returned a unanimous verdict in favor of our client, finding that the hospital employee did not violate the standard of care for an MRI technician.

Successfully Defended Private High School in Lawsuit

Client: A High School

We successfully defended our client, a private high school, in a lawsuit challenging the principal’s decision to withdraw a student for a disciplinary infraction. The student and his family sued the school, claiming breach of contract and discrimination, and sought an injunction overturning the principal’s decision and reinstating the student. We worked in a two week span to brief the injunction request, accomplish all necessary discovery and depositions, and prepare the case for trial. After the plaintiffs presented their case, we moved for involuntary dismissal under Rule 41, arguing they had failed to meet the burden of proof required. The court agreed, and in a written decision denied plaintiffs’ motion for injunction, dismissed the injunction claim altogether, and entered complete judgment in our client’s favor on that count. Plaintiffs then agreed to resolve the remaining damages claims for nonmonetary consideration.

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.

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.

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.