Successfully represented one of the nation's largest energy producers and transporters, Dominion East Ohio, in a case involving a natural gas supplier who placed restricted covenants on property deeds, forcing all owners and lessees to buy gas from it. The supplier sued Dominion when a commercial customer tried to enter into a new retail supply agreement with them. Courts struck down the covenant for lack of considerations and ruled the restriction as a violation of Ohio public policy.
An innovative, strategic and efficient team helping clients achieve their litigation objectives.
We know that each case is unique and requires an individualized approach. We also know that litigation can threaten resources and relationships. Bricker & Eckler’s sizeable team of litigators understands these dynamics and uses experience to guide clients in a strategic and focused direction. When our clients face the uncertainty of litigation, our job is to understand their business, consider immediate and long-term goals and craft the best possible solution.
While we know what it takes to be successful in the courtroom, we also understand that a trial may not always be the best method to resolve a case. Whether the solution is an aggressive motion practice, mediation, arbitration or trial by jury, we are committed to delivering results while conserving our clients’ resources and protecting their most important relationships.
Related Industries & Practices
- Business Law
- Banking & Financial Services
- Creditors' Rights & Bankruptcy
- Employment & Labor
- Colleges & Universities
- Education (Pre-K to 12)
- Health Care Industry
- Health Care Law
- Intellectual Property
- Construction Law
- Oil & Gas
- Energy, Environment & Utilities
- Trusts & Estates
- Government Relations
- Education Law
Appealing a decision can be even more demanding than trial. Because appellate decisions not only impact the case at hand, but also the development of the law, an effective appeal requires critical review and analysis of the record and a concise yet compelling written brief and oral argument. Bricker & Eckler’s appellate lawyers are known for their skill and experience in preparing and executing effective challenges in both federal and state appellate courts. The Ohio State Bar Association has certified members of our Litigation team as specialists in appellate law.
Our health care litigation team is uniquely qualified to handle medical negligence and wrongful death claims for hospitals, physicians and other medical providers. Not only do the attorneys at Bricker & Eckler have extensive experience defending medical claims in the courtroom, whether they are conducting a jury trial, arguing to various appellate courts or arguing before the Ohio Supreme Court, but they also have immediate access to the substantive experience of the Health Care group. We are able to provide among the most comprehensive representation of hospitals and medical providers available anywhere in Ohio. For more information, please visit our Health Care Litigation page.
No two class action cases are alike, yet each can pose a significant threat to key business practices or even to the business itself. Having successfully defended class action claims in state and federal courts for more than twenty years, our class action attorneys work seamlessly with the firm’s other practice groups to offer tailored advice to clients in a variety of industries. Our team is especially known for its ability to devise effective defense strategies that result in the dismissal of many cases before class certification and discovery occur. For more information, please visit our Class Action Defense page.
Bricker & Eckler defends financial institutions of all sizes in a variety of litigation proceedings, including consumer finance litigation, CFPB and other regulatory enforcement actions, bankruptcy proceedings, residential contested foreclosures, class actions and litigation management across multiple jurisdictions. Our clients look to us for strategic and focused counsel when facing federal and state statutory causes of action, as well as common law claims. Recognizing and understanding the interface between consumer financial services litigation and bankruptcy claims, we often collaborate with our bankruptcy attorneys to maximize the defenses and litigation options available to clients. For more information, please visit our Banking & Financial Services Litigation page.
Bricker & Eckler maintains a national practice in insurance and financial products litigation. Our trial team works with insurance companies in more than 25 states — from California to Texas to Maine — in a wide range of matters, including agent lawsuits, premium tax class actions, insurance product litigation, financial product litigation, carrier-on-carrier disputes and appeals. Visit our Insurance industry page.
Bricker & Eckler has a proven track record of successfully resolving oil and gas disputes on behalf of clients. Our team has experience in various types of oil and gas litigation matters, including eminent domain proceedings, appellate work before Ohio’s intermediate appellate courts and the Ohio Supreme Court, mineral rights ownership disputes, oil and gas lease disputes, coal and pipeline company disputes, nuisance and trespass claims involving water supply or property contamination, and class action litigation matters involving energy companies. Visit our Oil & Gas industry page.
Our commercial litigation practice spans a broad spectrum of clients and industries. We partner with clients to address even the most complex issues and keep their businesses running smoothly. From contracts and insurance to regulatory investigations and fraud, our skilled attorneys consider every possible method of resolving a dispute, protecting the interests of their clients and the business relationships they depend on to thrive. For more information, please visit our Commercial Litigation page.
When representing a fiduciary in litigation proceedings, we understand that a successful outcome requires not only the experience and persuasive abilities of counsel, but also a detailed, technical command of the various areas of law that govern fiduciaries. Drawing from the firm’s experience in trust and estate law, taxation, nonprofit law, corporate law, banking law and traditional litigation, our attorneys represent clients effectively in all types of disputes.
The complexity and volume of information retained by today’s corporations and institutions has greatly affected the discovery process. Bricker & Eckler provides practical, cost-effective and defensible advice to our clients. We help them develop procedures and manage discovery and investigations in a manner than satisfies legal obligations while fully advancing their interests.
Our attorneys represent broker-dealers, registered representatives and financial institutions in a broad range of customer and industry disputes, including litigation in state and federal courts throughout Ohio and arbitrations across the country before the Financial Industry Regulatory Authority (FINRA). These services are particularly valuable for FINRA member companies that are engaged in the sale of regulated products. We also represent broker-dealers and insurers of securities in administrative and enforcement proceedings and advocate the interests of insurers on important policy issues.
Obtained a favorable result on behalf of a hospital system, resolving a complicated multi-party seven-year dispute. The dispute, which centered around a joint venture with a provider of lithotripsy services, involved two lawsuits. The first lawsuit was filed by Bricker and was ultimately resolved. Our client was then named as a defendant in a second lawsuit, which involved claims for breach of fiduciary duty, the proper exercise of a put-option agreement, a "sandwiched" ground lease and four conflicting appraisals. After a full-week jury trial, the jury returned a defense verdict in just an hour.
Obtained a favorable result on behalf of our client in which the Ohio Supreme Court held that corrugated metal grain storage bins constitute personal property and, therefore, cannot be taxed as real property. This decision has statewide impact as hundreds of millions of bushels of grain throughout the state are stored in grain storage bins like this property owner’s, and county auditors in Ohio had been classifying and taxing the bins inconsistently. View additional details on this matter.>
Successfully represented several national broker-dealers and their associated persons in over 60 arbitration actions brought before the Financial Institution Regulatory Authority (FINRA) as well as in securities fraud claims brought in federal court in over 15 states.
Represented a hospital system in multiple arbitration proceedings in a dispute with national payor relative to the implementation of sequestration cuts imposed following passage of the budget deficit reduction act.
Represented a health care provider in a dispute with a national payor relative to medical necessity claims denials.
Successfully obtained temporary restraining order on an expedited timeline for oil and gas company to install a pipeline in eastern Ohio.
Provided comprehensive representation of large, interstate natural gas pipeline company regarding a $450 million project for 76 miles of new 30-inch diameter pipeline and associated support facilities in Ohio. The project included environmental permitting and regulatory advice, real estate negotiations and transactional support, eminent domain litigation and work with local governments on road use maintenance agreements.
Successfully represented a large Ohio city in a case before the Ohio Board of Tax Appeals and the Ohio Supreme Court relating to the exemption of the city's convention center from taxation. The court held that the local school district had waited too long to oppose the city's application for real property exemption.
Defended insurer in a class action suit alleging misapplication of local government premium taxes.
Successfully defended a school district in charges by a former student relating to sexual abuse by a former teacher.
Over two decades of experience defending hospitals, nurses, physicians, and other medical providers against medical negligence and wrongful death claims in various Ohio courtrooms.
Testified before the Ohio House and Senate on multiple occasions in support of legislative changes that would benefit the medical community.
Filed amicus briefs on behalf of oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts.
Successfully represented a school district in federal court against claims of bullying, disability discrimination under ADA and Section 504, and sexual harassment under Title IX.
Successfully defended a qui tam action brought under the False Claims Act on behalf of a hospital system who was alleged to have violated the Health Information Technology for Economic and Clinical Health (HITECH) Act by improperly certifying its compliance with the HITECH Act in exchange for receiving meaningful use payments.
Successfully defended a hospital and its employees in a jury trial case where a patient's estate claimed that the patient had received deficient care and had been discharged from the hospital prematurely. The patient's estate claimed that the patient died from a massive internal bleed that additional hospitalization would have prevented. Following a week and a half trial, the jury returned a defense verdict.
On behalf of one of the largest owner/operators of low-income tax credit properties in the country, successfully litigated the valuation of real property with low-income housing credits in which a portion of the purchase price was allocated to the value of the credits, reducing the price paid for the real property.
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding Ohio Dormant Minerals Act appeals.
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding expiration of leases.
Represented a landowner and litigated a quiet title action to a successful settlement with the operators of an abandoned oil and gas lease.
Obtained complete summary judgment in series of suits brought by former insurance agents alleging fraud in creation and operation of insurer’s agent programs.
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding notice of assignment provisions.
Represented a client in Ohio federal court in dispute over an earnout agreement following the sale of a business to a competitor.
Successfully defended an insurer in a suit by a former agent challenging the cancellation of his agency agreement.
Successfully represented an insurance carrier challenging the venue of a reinsurance dispute.
Obtained a favorable jury verdict on behalf of a college, defending against an allegation that the college had defrauded a local farmer and tortuously interfered with his interest in a family farm as a result of an Ohio Agricultural Easement Protection Program operation.
Successfully defended an insurance provider in an ERISA claim for death benefits under an accidental death policy.
Successfully represented the owners of a real estate investment company in a multi-million dollar dispute with a former employee claiming ownership interest in real estate development projects.
Secured a $4.5 million judgment for one insurance carrier against another insurance carrier on a coverage dispute issue.
Represented a Lloyd’s syndicate in action against an insured law firm pursuing claims for rescission of policy and fraud.
Obtained dismissal at the pleadings stage of a suit by a former insurance agent alleging breach of his agency agreement.
Obtained a three-quarter million dollar judgment on behalf of a family trust relating to defendants’ deceptive practices in a Ponzi-like investment loan scheme.
Successfully represented an insurance carrier in a dispute arising from the carrier’s denial of multi-million dollar claim.
Defended a national insurance carrier against claims concerning the death benefit value of an annuity in Michigan state court.
Successfully represented a public entity in an Ohio federal court case involving an alleged denial of First Amendment rights.
Represented a large hospital in an ERISA case against the plan, employer and third-party administrator in pursuing benefits for patient treatment.
Successfully prosecuted claims to recover purchased receivables on behalf of a receivables finance company, affirmed on appeal.
Successfully defended an action for indemnification and subrogation by an excess insurer against a primary insurer.
Successfully represented the estate of a business owner in private arbitration, related state trial court and appellate proceedings over a multi-million dollar payout dispute with a former business partner.
Successfully represented several national insurance companies in a class action lawsuit in Arkansas pertaining to allegations of misuse of claims handling software in the adjustment of bodily injury claims.
Achieved a complete defense victory following a jury trial in Wisconsin federal court in a matter involving a challenge to terms of a group fixed annuity by a public pension plan.
Obtained a summary judgment on behalf of a Canadian manufacturer in an alleged breach of requirements agreement.
Defended a suit by a multi-employer plan seeking the recovery of delinquent contributions.
Represented a manufacturer in a suit for withdrawal liability.
Obtained a $1.1 million verdict including award of prejudgment interest and award of attorney fees after bringing suit against a college employee who stole and sold items from the library's special collection.
Successfully defended an animal nutritionist in a $4.5 million professional negligence claim.
Represented a college after parents of a deceased student threatened litigation, claiming that the college should have done more to prevent the alcohol-related death of the student.
Successfully represented an architecture firm in Ohio state court over a contract dispute.
Obtained a favorable judgment on a claim for dental benefits.
Represented a self-insured plan in a claim for disability benefits.
Obtained dismissal of a complaint alleging a plan’s wrongful recoupment of benefits from subsequent award of social security disability benefits.
Represented a college in two related but inconsistent lawsuits regarding the expulsion of a student accused of rape. One of the lawsuits, which claimed that the college had violated Title IX, was voluntarily dismissed after a judge sustained a Motion for Summary Judgment in the other.
Successfully defended against allegations made by a parent who claimed that the professor's grade for his child were based on favoritism and that the poor grade prevented the student from being considered for a scholarship.
Represented a life insurer in a claim for accidental death benefits.
Successfully defended a mill operator in a $1 million premises liability claim.
Successfully defended a large self-insured plan in a claim for benefits.
Obtained dismissal of a claim for benefits against a third-party administrator.
Defended an insurance carrier in a bad faith lawsuit following its denial of multi-million dollar death benefit claim based upon misrepresentations in policy application.
Won a motion for summary judgment and a motion for frivolous litigation regarding a claim that a house and driveway owned by a college was improperly on the property of the adjacent landowner.
Defended a small business against RICO and civil conspiracy action asserted by a national paper manufacturing company.
Assisted a college in avoiding a lawsuit after alumni fraternity members threatened litigation regarding revocation of preference to fraternity housing in dorms.
Resolved a gender and age discrimination case filed in federal court by an ex-employee of a college bookstore. The federal court determined that parts of the employee's claims constituted frivolous litigation.
On behalf of a college, assisted an independent contractor who sold materials in the college's bookstore in defending copyright violation claims.
As counsel to a college, encouraged an insurance company settlement through mediation prior to filing a lawsuit. The case involved the accidental death of a student athlete traveling in a college-owned van.
Successfully argued before the Ohio Supreme Court, establishing that hospitals cannot be primarily responsible for independent providers.
Represented a college in a gender and disability discrimination and wrongful discharge suit. Achieved successful result, including jury award for fraud in counterclaim.
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