Industries & Practices

Appellate Advocacy

Class action lawsuit victory

Successfully argued before the Eleventh District Court of Appeals on behalf of the State of Ohio and the Ohio Department of Natural Resources (ODNR) in a case in which the plaintiff attacked the validity of a previously settled class action alleging that ODNR had unlawfully taken the private property of more than 13,000 property owners along Lake Erie’s coast by incorrectly identifying the public/private boundary along the shore. The Court upheld enforcement of the settlement agreement and the civil contempt order.

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Landmark court decision ends "eviction by affidavit" practice

Assisted Bricker lawyers with successfully filing an amicus curiae brief to highlight and end the dehumanizing and negative ramifications of a decades-old “eviction by affidavit” practice on behalf of a number of organizations that serve vulnerable and underserved populations. For more details, please view Bricker’s recap of the case.

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Landmark court decision ends “eviction by affidavit” practice

Bricker lawyers successfully filed an amicus curiae brief to highlight and end the dehumanizing and negative ramifications of a decades-old “eviction by affidavit” practice on behalf of a number of organizations that serve vulnerable and underserved populations. For more details, please view Bricker’s recap of the case.

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Immediate access to construct interstate gas pipeline

Served as appellate counsel in an appeal from a federal district court order granting a natural gas pipeline company immediate access to property in order to construct the pipeline. This was a case of first impression for the Sixth Circuit, as it considered whether to adopt the Sage approach. The Sage decision is the seminal case that outlines the process for obtaining injunctive relief to begin construction of a FERC-approved pipeline while the underlying condemnation/valuation case proceeds.

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Appellate appearances

Have appeared in the highest courts in Ohio and West Virginia, as well as intermediate appellate districts throughout Ohio.

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False Claims Act Supreme Court amicus brief

Drafted and filed an amicus brief on behalf of a managed care organization in an important False Claims Act case pending before the U.S. Supreme Court. The issues before the Court were whether and how the so-called “implied false certification theory” can be a basis for liability under the False Claims Act. The firm prepared an amicus brief on behalf of our client, which was very well received both by the client and petitioner’s counsel.   

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Appellate victory for joint vocational school district

Obtained a favorable appellate decision for a joint vocational school district regarding the district’s ability to consider attendance data within the context of its teacher evaluations.  

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DMA amicus briefs

Filed amicus briefs on behalf of oil and gas clients in various Ohio appellate courts and the Ohio Supreme Court regarding the Ohio Dormant Minerals Act.

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Amici brief for public owners associations

Represented a consortium of public owners associations as amici before the Supreme Court of Ohio, successfully arguing that public owners in Ohio should not be liable for additional construction costs when contractors fail to follow contractual procedures for obtaining additional time and money.  

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Amici brief preparation for Ohio healthcare associations

Prepared an amici brief on behalf of the Ohio State Medical Association, Ohio Hospital Association and Ohio Osteopathic Association arguing for the plain language interpretation of an evidentiary statute. The statute governs the admissibility of statements made by medical care providers to patients in suits for medical malpractice.  

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Noneconomic damage caps

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.

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Amicus in support of HHS interpretive rule

Prepared an amicus brief on behalf of the American Hospital Association in support of the U.S. Department of Health and Human Services (HHS) interpretive rule providing guidance on the scope of the exclusion of orphan drugs from 340B discounts. 

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