Industries & Practices

Litigation

National insurance company defense

Successfully argued before Ohio’s Tenth District Court of Appeals on behalf of a national insurance carrier in a lawsuit by a former agent challenging the cancellation of their agency agreement. The favorable decision received on behalf of the client clarified several points under Ohio law that impact commercial disputes. 

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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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Exclusive representation law challenge rejected by Sixth Circuit

Successfully defended the Marietta City School District Board of Education in a lawsuit brought by a public school teacher who attempted to expand the reach of the U.S. Supreme Court’s ruling in Janus v. AFSCME and argued that Ohio’s exclusive union representation violates the First Amendment. The Sixth Circuit rejected this challenge and granted a summary judgment to both the union and school district.

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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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Secured a $42 million court award for three Ohio school districts

Secured $42 million judgment, plus interest, for Cleveland, Dayton and Toledo city school districts after the Ohio Department of Education unlawfully deprived the districts of the funding they were entitled to receive. For more details, please view Bricker’s full recap of the case.

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Prosecution of business dispute

Successfully prosecuted a business client’s claims for breach of fiduciary duty, misappropriation of trade secrets and tortious interference with business relationship against a departing member and an outside consultant who secretly set up a competing business. 

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Successful defense of business client

Obtained a favorable jury verdict for a business client in federal court in which the client had been wrongfully accused of unfair competition, unlawful use of trademarks and breaches of franchise agreements in multiple states. 

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$2.5 million jury verdict for Ohio municipality

Obtained a $2.5 million jury verdict for an Ohio municipality in a construction-related lawsuit after a two-week jury trial. Attorney fees were also recovered.  

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Lawsuit dismissal against a hospital

Achieved dismissal of a disgruntled surgeon’s lawsuit against a hospital that had revoked his privileges following peer review.  The First District Court of Appeals affirmed the trial court’s decision to grant our client’s motion to dismiss, reasoning that Ohio’s peer review statutes conferred immunity upon the hospital.

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Secured writ of mandamus action

Successfully argued before and secured from the Texas Supreme Court a writ of mandamus requiring a trial court to correctly apply a forum selection clause and to dismiss the defendant; a decision which clarified Texas law as to the application of forum selection clauses. 

 

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Protection of BWC funds

Pursued injunctive relief against the Ohio Office of Budget and Management (OBM) on behalf of several national and state trade associations to prevent the OBM from using up to $2 billion in Ohio Bureau of Workers’ Compensation funds for state purposes. Secured memorandum of understanding on behalf of the associations prohibiting the OBM from raiding the funds and preventing other state agencies from taking similar action in the future.

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