Industries & Practices

Litigation

Litigation

    We are innovative, strategic and efficient, helping clients achieve their litigation objectives.

    When our clients face the uncertainty of litigation, the job of our sizable team of litigators 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. 

    "Bricker & Eckler is using their technology to develop creative solutions to extremely complicated cases."

    National Law Columnist, 2019

    Areas of Focus

    Banking & Financial Services Litigation

    We defend 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.

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    Insurance Litigation

    We maintain a national practice in insurance and financial products litigation. Our trial team works with insurance companies in more than 25 states in matters including agent lawsuits, premium tax class actions, insurance product litigation, financial product litigation, carrier-on-carrier disputes and appeals.

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    Health Care Litigation

    Our knowledgeable team of health care litigators draws upon its diverse experience to guide clients and help them avoid unnecessary litigation, minimize risk when litigation is inevitable and preserve relationships. Our attorneys focus on outcomes that produce effective, favorable resolutions and prevent prolonged, costly lawsuits.

    Appellate Advocacy

    We handle cases as appellate counsel regardless of whether Bricker was involved as trial counsel. Our team also partners with trial counsel to identify appellate issues, draft briefs and prepare for oral argument. We are experienced in handling class action litigation and administrative appeals.

    Business Litigation

    Our clients include hospitals, managed care organizations, insurers, provider groups and other health care organizations across the U.S. in complex commercial litigation matters.

    Construction Law

    Our team includes several construction attorneys with extensive trial experience who come from technical and engineering backgrounds to provide assistance in all aspects of health care construction.

    Employment & Labor

    We provide health care employers with strategic advice, a focused and aggressive defense, and practical solutions to quickly achieve the best possible outcome. Our employment litigators regularly appear in state and federal courts, arbitrations and mediations, and before administrative agencies and other tribunals.

    False Claims Act Defense

    We represent clients at the state and federal level in a variety of Medicare and Medicaid fraud and abuse cases. In addition, our False Claims Act team works with health care organizations to conduct compliance audits and internal investigations designed to reduce the likelihood of a violation.

    Medical Negligence Defense

    With over eight decades of combined experience in complex medical negligence litigation, our team is uniquely qualified to represent hospitals, nurses, physicians and other health care providers in the courtroom and through mediation. We readily defend medical negligence, wrongful death and birth trauma claims.

    Workers' Compensation

    We know what to look for when investigating a workers’ compensation claim, how to stop it in its tracks and how to manage allowed claims so health care employees can return to work. In addition, we play a leading role in drafting and lobbying for workers’ compensation reform.

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    Energy Litigation

    Our team excels in oil and gas litigation matters, including eminent domain proceedings, 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. Additional experience includes appellate work before Ohio’s intermediate appellate courts and the Ohio Supreme Court.

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    Commercial & Complex Litigation

    From contracts and insurance to regulatory investigations and fraud, our attorneys consider every possible method of resolving a business dispute, protecting the interests of their clients and the relationships they depend on to thrive.

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    Class Actions & Collective Actions

    Having successfully defended class action claims in state and federal courts for decades, our team is known for devising defense strategies that result in the dismissal of many cases before class certification and discovery occur.

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    Appellate Advocacy

    Our appellate team handles appeals in Ohio as well as in federal courts and administrative agencies throughout the country. Bricker attorneys have briefed and presented oral arguments in hundreds of appellate matters, including many high-profile and high-stakes appeals and writ actions. Our industry experience gives us the edge in building strong, convincing and creative appeals that get results.

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    Fiduciary Litigation

    When representing a fiduciary in litigation proceedings, we have a detailed, technical command of the law that governs fiduciaries. Drawing from experience in trust and estate law, taxation, nonprofit law, corporate law, banking law and traditional litigation, our attorneys represent clients in all types of disputes.

    Title IX & Sexual Misconduct

    The U.S. Department of Education’s spotlight on Title IX and the Clery Act pursuant to the Violence Against Women Act (VAWA) makes this a quickly evolving area of law. We help colleges and universities understand these requirements, put proactive measures in place, and address allegations quickly and effectively by applying experience-based guidance to real-life, rapidly changing situations. We also investigate and develop an appropriate institutional response to high-profile, highly sensitive allegations. Visit our Title IX Resource Center >>

    Eminent Domain

    We represent local governments, such as school districts, counties and municipalities, pipeline and public utility companies, and landowners in eminent domain proceedings. From counseling clients through the pre-filing process to representing them in state and federal court appropriation cases, our attorneys combine significant eminent domain experience with the knowledge of our client’s business/project needs to achieve favorable outcomes.

    Securities Litigation & FINRA Arbitration

    We counsel financial institutions, broker-dealers, registered representatives, and insurers in a broad range of customer and industry disputes related to the sale or insuring of regulated products. Specifically, we represent parties in arbitrations across the country before the Financial Industry Regulatory Authority (FINRA) and in courtroom litigation. We have represented parties in FINRA proceedings involving suitability claims, misrepresentations or omissions regarding securities or investment choices, and expungement claims. Our team also successfully enforced contractual arbitration provisions and forum selection clauses in state and federal courts, including provisions requiring FINRA arbitration.