Industries & Practices

Litigation

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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Price transparency law victory

Earned a substantial victory on behalf of multiple health care clients and a statewide association of hospitals after the court rendered a decision declaring a price transparency law unconstitutional. This final victory came over three years after the court granted a temporary restraining order against the enforcement of the law, allowing our clients to litigate its merit. 

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Bizarre treasure saga ends with large jury verdict

Won a $16.4 million verdict after three-week jury trial against Tommy Thompson, the notorious treasure hunter who found the wreck site of the S.S. Central America, which sank in 1857, and recovered $100 million in treasure comprised of Gold Rush gold coins and gold bars, but from which the investors never saw a dime. For more information, please read The Columbus Dispatch or view a presentation by Quintin Lindsmith where he describes this case. 

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Dismantling of a $42 million jury verdict

Successfully argued before the Ohio Supreme Court for reversal of $42 million verdict and establishing the law in Ohio as to the application of the covenant of good faith and fair dealing in contracts.  

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