The Northeast Ohio Public Energy Council (NOPEC) is the largest public retail energy aggregation in Ohio, serving 800,000 electric and gas customers across 13 counties. NOPEC’s electric supplier abruptly notified NOPEC that it was terminating its contract, thus leaving NOPEC’s nearly half-million electric customers to return to utility service at higher rates. Bricker attorneys sprang into action to prevent NOPEC’s customers from paying these increased rates. The team negotiated a new complex electricity supply contract with NOPEC’s replacement supplier (worth approximately $1 billion); and, within 10 days, our client had signed a new three-year contract. With our assistance, NOPEC obtained two waivers from the PUCO to meet the expedited enrollment timeline. Meanwhile, within two weeks, our litigation team settled a TRO and injunction case involving the original supplier, which resulted in a multi-million-dollar settlement payment to NOPEC. In addition, our energy litigation team dissolved an ex parte TRO issued against NOPEC to a competitor regarding the NOPEC customer enrollment process. We also obtained a complete dismissal of the competitor’s lawsuit on the basis that the PUCO had exclusive jurisdiction over the matter.
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.
Represented the State of Ohio, the Ohio Department of Natural Resources and its director in a class action lawsuit brought by all Lake Erie lakefront property owners regarding appropriation proceedings for more than 10,000 parcels of land. The question before the court was whether the State’s claim of public trust ownership to the ordinary high water mark (which was rejected by the Ohio Supreme Court) — whether made through general public statements, in specific lease negotiations or by other means — constitutes an unconstitutional taking of private property.
Retained to file an amicus curiae brief on behalf of three organizations in support of the constitutionality of Ohio's noneconomic damage caps applicable to medical negligence cases.
Represented a major national lender in connection with self-disclosure of non-compliance with certain regulatory issues. The engagement included meeting and working with state and federal regulators, state-wide vacature of more than 25,000 lawsuits, appearances in virtually every court within the State of Ohio and coordination of refunds of state-court judgments.
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.
Obtained injunctive relief and/or declaratory judgment as Trial Counsel in 11 Ohio Courts of Common Pleas against landowners and organized opposition permitting our client access to property to conduct survey activities during the FERC pre-application process in conjunction with its construction of a $2.5 billion, 250-mile interstate natural gas pipeline originating in Ohio. The complexity of the issues in this matter required sophisticated organization, detailed planning and structure, and complex litigation management skills.
Successfully defended a major telecommunications company in action seeking to enjoin the construction of cellular communications tower.
Obtained injunctive relief in federal court permitting our client to access landowners' property to conduct survey activities during the FERC pre-application process in conjunction with its construction of a $450 million, 75-mile natural gas pipeline.
Obtained a temporary restraining order and preliminary injunction on an expedited timeline authorizing a natural gas pipeline company to access property subject to acquisition by eminent domain to conduct tree clearing activities in advance of moratoriums imposed on such activities in order to protect migratory birds and endangered bat species; contempt orders against property owners refusing to honor the order permitting access for tree clearing activities; and immediate injunctive relief against landowners refusing to permit access to their property via eminent domain for construction of a 75-mile natural gas pipeline in eastern Ohio. Also, negotiated settlements with landowners who permitted access and complex, technical settlements with public utilities to resolve overlapping easement situations.
Successfully defended nursing home in a lawsuit filed by a pharmaceutical supplier based on the defense that the price charged was excessive and not related to maximum allowable cost (MAC) or average wholesale price (AWP) for brand name and generic drugs.
Successfully defended hospital against a $4.5 million claim brought by a nursing home seeking to recover lost future profits arising out of failed transfer of Long Term Care Hospital (LTCH) beds from the nursing home to the hospital due to a moratorium imposed by the Center of Medicare & Medicaid Services.
Obtained a favorable decision in a $40 million lawsuit filed on behalf of three large metropolitan school districts against the Ohio Department of Education claiming that ODE misapplied the statutory school foundation funding formula to the detriment of the school districts.
Have represented a national insurance carrier in response to agent lawsuits in over 25 states.
Secured dismissal of claims under the Fair Debt Collection Practices Act against a mortgage lender in federal court.
Successfully defended a large metropolitan school district in a lawsuit filed by a real estate developer claiming $10 million in lost future profits for fraud and breach of contract in conjunction with the development of property owned by the district.
Represented the Chief Justice, the lead Disciplinary Counsel and the Director of the Board of Professional Conduct in defending the constitutionality of Ohio’s Code of Judicial Conduct against First and Fourteenth Amendment challenges. Representation included successful merits briefs in the Southern District of Ohio and the Sixth Circuit Court of Appeals.
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.
Successfully represented the manufacturer of a traffic photo enforcement system, resulting in two Ohio Supreme Court decisions upholding the home rule powers of cities to enact ordinances allowing for such systems.
Served as Special Master, overseeing the administration of an $850 million class action lawsuit.
Obtained a complete defense verdict for a hospital system, resolving a complicated multi-party seven-year dispute.
Successfully obtained complete relief for a client through settlement by intervening in an appeal of a certified class action to relieve the client from any obligations under an expired oil and gas lease at issue in the case and to avoid application of the trial court's tolling order against landowners with the form oil and gas lease at the heart of the class action.
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 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 Kentucky 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.
Represented a health care client in competing lawsuits between a two health care systems, with each of the health systems pursuing the other in Ohio and West Virginia. The dispute involved allegations that one of the systems had conspired with West Virginia hospitals to open long-term acute care hospitals (LTACH) in violation of an agreement that it was only to operate an LTACH facility on the other health system's medical campus.
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.
Successfully defended hospital in lawsuit brought by debtor patients for alleged unlawful collection of debts discharged in bankruptcy.
Filed amicus briefs on behalf of oil and gas clients in various Ohio appellate courts regarding the Ohio Dormant Minerals Act, including the Ohio Supreme Court.
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, through appeal to the United States Court of Appeals for the Sixth Circuit, 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.
Achieved a complete defense victory for a telecommunications company following a jury trial in a $5 million action by a former officer claiming equity in the company.
Defended two national insurance carriers in a $3 billion class action against 264 defendants challenging provisions of credit default swap agreements.
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.
Recovered $1.5 million at trial in an action in the Ohio Court of Claims against the Ohio Department of Job and Family Services in a matter involving a $52 million contract awarded to client to develop software application to manage Ohio’s Child Welfare System.
Defended hospital in lawsuit brought by physician group seeking to recover $8 million in lost future profits due to alleged interference with physician group's business relationship with referring physicians and patients.
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.
Obtained temporary restraining order to enjoin activities conducted by client’s commercial tenant that presented threat to human health and the environment due to application and handling of hazardous substances.
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.
Successfully defended large retail client against commercial landlord’s attempt to enjoin construction activities on leasehold site.
Represented a client in Ohio federal court in dispute over an earnout agreement following the sale of a business to a competitor.
Obtained a directed verdict in a Kentucky trial in defense of a national insurance carrier against a breach of trust claim.
Successfully represented Pacific Life in a claim that it fraudulently conspired with an annuity product actuary and plan designer to defraud a self-funded plan.
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.
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.
Represented a Lloyd’s syndicate in action against an insured law firm pursuing claims for rescission of policy and fraud.
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.
Obtained a defense verdict for a hospital in a lawsuit alleging invasion of privacy and violation of the Health Insurance Portability and Accountability Act (HIPAA) for alleged unlawful disclosure of personal health information.
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.
Secured a $4.5 million judgment for one insurance carrier against another insurance carrier on a coverage issue.
Represented a large hospital in an ERISA case against the plan, employer and third-party administrator in pursuing benefits for patient treatment.
Obtained a favorable decision for a beer manufacturer following a jury trial in a matter involving post-termination business valuation of a beer distributing franchise under the Ohio Alcoholic Beverage Franchise Act.
Represented a widow in securing the removal of five trustees from a $90 million trust where the trustees had inserted themselves into the estate plan of the decedent.
Successfully prosecuted claims to recover purchased receivables on behalf of a receivables finance company, affirmed on appeal.
Recovered $6 million in an action against the Ohio Department of Education in a matter involving the calculation of state foundation funding for public school systems.
Represented a pharmaceutical developer in a private arbitration, securing an award of over $1 million, including attorney fees, against a global pharmaceutical manufacturer.
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.
Achieved a complete defense victory following a jury trial in Wisconsin federal court in a matter involving a challenge to the market value adjustment clause of a group fixed annuity by a public pension plan.
Recovered $7.2 million on behalf of the Dayton Public School District in a matter involving the calculation of state foundation funding for public school systems.
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.
Successfully defended against attempt to enjoin the actions of a client engaged in the business of providing reinsurance coverage for automobile extended warranty products.
Defended hospital in lawsuit brought by physician group seeking to enjoin hospital from terminating physician group’s exclusive service agreement with hospital.
Plaintiff's verdict in favor of a municipal water company in a trespass action brought against a surface mining company to enjoin mining activities that caused the sudden interruption and depletion of the municipality’s water supply.
Secured complete dismissal by a Pennsylvania federal court of a pay-to-play action brought by a county pension plan against life carriers and fund managers seeking $75 million.
Trial Counsel for local county boards serving persons with developmental disabilities in defense of an action brought by private providers seeking to eliminate service contracts between county boards and private providers as mandated by state and federal Medicaid law.
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. Case was the subject of the book, "Disappearing Ink: The Insider, the FBI and the Looting of the Kenyon College Library.
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.
Served as trial counsel to county boards and individual taxpayers to enjoin Ohio Department of Job and Family Services administrative rules that set Medicaid reimbursement rates in excess of the provider's usual and customary rate.
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.
Was retained as special litigation counsel for the debtors in a $3.3 billion bankruptcy.
Successfully defended a large self-insured plan in a claim for benefits.
Coordinated and led twenty-six separate litigation matters challenging statewide initiative petitions concerning the public purchase of pharmaceuticals.
Bench verdict for client against a contract manufacturer for misappropriation of trade secrets relating to proprietary formula used to manufacture professional grade hair color products.
Obtained dismissal of a claim for benefits against a third-party administrator.
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.
Won summary judgment in the United States District Court for the Southern District of Ohio in a gender and age discrimination case filed by an ex-employee of a college bookstore. The United States District Court determined that portions of the employee's claims constituted frivolous litigation regarding the defendant’s claim for the award of damages against the plaintiff for 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.
Prosecuted a $2.4 million arbitration claim, recovering all damages requested plus attorney fees on behalf of a national construction client.
Successfully argued before the Ohio Supreme Court, establishing that hospitals cannot be primarily responsible for independent providers.
Defended of numerous class actions involving insurance issues.
Served as lead trial attorney to the Chapter 7 trustee of a regional trucking firm, successfully securing a $2.3 million judgment against former shareholders who received funds from a complex leveraged buyout.
Successfully participated as special counsel to the Official Committee of the Tort Claimants’ Committee in a multi-billion dollar mass tort bankruptcy case, assisting in various matters including the formation and testing of trial protocol for estimating tort claims.
Served as trial counsel in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation representing a current owner against various potentially responsible parties.
Obtained a Knox County Common Pleas defense jury verdict in favor of our client on all counts of a 31-count age and disability discrimination complaint. The jury then awarded $25,000 to the defendant on the defendant’s fraud counterclaim against the plaintiff after finding for our client on all counts of the complaint.
Represented a college in a gender and disability discrimination and wrongful discharge suit. Achieved successful result, including jury award for fraud in counterclaim.
Served as a member of the trial team that prosecuted four successful constitutional challenges to Ohio's system of funding public schools on behalf of over 500 school districts, resulting in total funding for school facilities in excess of $12 billion.
Served as trial counsel in various cases involving computer software agreements.
Successfully defended a bank president in a $28 million lawsuit following a four-week jury trial.
Debt buyers beware: SCOTUS will decide if the FDCPA applies to you
Ohio Courts of Appeals affirm authority to conduct land surveys for natural gas pipeline project
When at first you don’t succeed, seek post-verdict decertification: Lessons learned from Mazzei v. The Money Store