Successfully handled a U.S. Department of Justice Investigation of alleged tuition price fixing in an alleged violation of Section 1 of the Sherman Act.
Richard S. Lovering
Rich Lovering is a partner in Bricker & Eckler's Litigation group and represents clients in a variety of complex cases with an emphasis on professional negligence defense. He has successfully litigated cases involving wrongful death and alleged birth-related brain damage, commercial and education law, Title IX allegations, age and gender discrimination, unfair competition disputes, trademark and trade secret litigation, insurance coverage disputes, TRO and preliminary injunction actions. He has also represented hospitals and physicians in hundreds of malpractice cases.
Rich's litigation highlights include representation of a minority shareholder plaintiff in obtaining a high eight-figure settlement in a corporate shareholder dispute regarding breach of fiduciary duty by a majority shareholder; representation of a plaintiff in obtaining a $9 million settlement in litigation regarding competing family members of a privately owned corporation; representation of an ex-employer in obtaining a $1.1 million jury verdict including award of $300,000 in punitive damages and attorney fees against an ex-employee; representation of an Ohio college in a jury trial in which the jury entered a defense verdict regarding the plaintiff's sexual harassment claims and awarded $25,000 in punitive damages against the plaintiff regarding a fraud counterclaim; and representation of an Ohio manufacturer in litigation with Sylvester Stallone and United Artists regarding use of the Rocky trademark.
Rich has also represented the Teenage Mutant Ninja Turtles™ licensing agent in the United States District Court for Southern District of Ohio in the defense of a lawsuit alleging trademark infringement and breach of fiduciary duty; a Novgorod Russia fertilizer manufacturer in litigation in federal court alleging breach of multiple international sales agreements with Nigerian, Italian, and Chinese purchasers; and the Commissioner of Insurance for the State of Louisiana in litigation alleging fraud by the State of Louisiana officials and obtaining $500,000 in settlement of the counterclaim against the plaintiff.
- Member, Defense Research Institute
- Member, Ohio Association of Civil Trial Attorneys
- Member, National Association of College & University Attorneys
- Board member and past president, the Central Ohio Cystic Fibrosis Foundation; recipient, Foundation's Volunteer Service Award
- Speaker, "Public Records for Private Universities," Association of Independent Colleges and Universities of Ohio, July 2015
- Co-Author, "The Peer Review Privilege: How & When is it Subject to Waiver," American Health Lawyers Association MedStaff News, Volume 9, Issue One, March 2010
- Author, "Arbino Decision Provides Fairness and Predictability," Columbus Bar Lawyers Quarterly, Spring 2008
- Speaker, "Proactive Use of the Rules of Evidence," the OSBA/OCLE Advanced Trial Techniques Seminar, August 1999
- Speaker, "Removal, Remand and Appeal," Lorman Trial Techniques Seminar, October 1996 and October 1997
- Author, "Expert Witnesses in Commercial Litigation," Commercial Litigation in Ohio Law Practice Handbooks, Inc., 1995
- Speaker, "Public Bid Disputes in Ohio," Ohio Prosecuting Attorneys Association Fall Training Seminar, September 1995
- Speaker, "Ohio Insurance Law: Bad Faith Claims," Lorman Business Center, Inc., February 1994
- Speaker, "Remedies for Bidders on Public Works Projects," Midwest Business Institute, 1994
- Author, "Minimizing the Antitrust Risks of Group Purchasing," Hospital Material Management Quarterly, Vol. 3, No. 3, February 1982
- Member, Columbus Bar Association; Ohio State Bar Association; American Bar Association
- Listed, Best Lawyers in America (Personal Injury Litigation - Defendants), 2006-2016
- Listed, Ohio Super Lawyers (Civil Litigation: Defense), 2005-2009, 20011-2016
- Ranked as AV Preeminent by Martindale-Hubbell
- University of Virginia School of Law (J. D., 1980)
- University of Virginia Darden Graduate School of Business (M.B.A., 1980)
- Trinity College (B. A. with honors, 1976); Member, Phi Beta Kappa
- London School of Economics, 1974 - 1975
Bricker & Eckler attorneys selected for inclusion in the 2016 Ohio Super Lawyers list
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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.
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.
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 defended a college in federal lawsuits filed by both the complainant and the respondent in a Title IX disciplinary case.
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.
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.
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.
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.
Won motion for summary judgment on a claim brought by a student disciplinary respondent against a college in a case involving allegations of sexual assault.