Industries & Practices

Litigation

Secured writ of mandamus action

Successfully argued before and secured from the Texas Supreme Court a write 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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Loan denial appeal

Represented a nonprofit corporation that applied for a U.S. Department of Agriculture Rural Development Agency loan critical to its acquisition of the facilities and operations of a financially struggling county hospital. The agency denied the loan, and the nonprofit appealed that decision with the USDA’s National Appeals Division. The administrative judge decided favorably for our client, citing 39 separate findings of fact and four erroneous reasons for denying the loan.

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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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Eminent domain jury trial

Represented a local school district in an appropriation case to acquire property needed for new school facilities. The property that the school board needed to acquire had a dilapidated Victorian-style home that was used as a haunted house for three months out of the year. The landowner claimed that the land was a “special purpose” property that should be valued at a higher price than what was estimated by the school board’s appraiser. The jury came back with a verdict that was approximately the same value offered by the school board prior to trial. In post-trial proceedings, the team was successful in stopping the landowner’s attempt to stall the board’s right to possess the appropriated property, so the board could continue on-schedule with the construction project.

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Oil and gas transactions and disputes

Provide Ohio-specific legal counsel to Gulfport Energy Corporation on a variety of transactional and litigation matters primarily involving title issues and oil and gas lease disputes, including several appeals. 

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Landfill clean-up litigation

Serve as litigation counsel for the Dayton Power & Light Company relating to a clean-up of an old landfill pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Clean-up at the site could exceed $100 million, involves dozens of parties and has a long procedural history.

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Medical marijuana cultivation license

Represented a client seeking a medical marijuana cultivation license that was denied and secured an administrative victory overturning the denial.

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Unanimous ruling against controversial ballot issue

Represented the Ohio Renal Association and defended against a controversial ballot issue related to the provision of dialysis services, receiving a favorable 7-0 ruling from the Ohio Supreme Court. The petitioners, who represented out-of-state interests, collected signatures to place an industry-altering price control measure in the form of an amendment to the Ohio Constitution on the November 2018 ballot. However, using state-of-the-art technology built by the firm, as well as the experience of numerous attorneys, Bricker's legal team proved that the petitioners violated Ohio law, disqualifying the issue from voter consideration. From reviewing ballots, analyzing petition signatures and serving as county counsel with local boards of elections to researching and analyzing the applicable laws and representing the client before the Court, more than 80 Bricker team members played a role in this substantial victory. 

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Election campaign conduct

Represented the Supreme Court of Ohio, including each of its justices, to defend certain provisions of the Code of Judicial Conduct relating to election campaign conduct. The case, involving a candidate who had never before run for office, challenged temporal restrictions on fundraising as well as limitations on public endorsements, public speaking and the like, as violations of his First Amendment Right to free speech.

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