Industries & Practices

Litigation

Treasure sale approval

Secured a court order approving the sale of treasure recovered from the shipwreck of the S.S. Central America, which sank in a hurricane in 1857. The treasure included gold ingots, gold dust, newly minted and previously uncirculated gold coins, including $20 gold double eagles, minted from California Gold Rush gold in the 1850s. The treasure sold for $30 million and resolved numerous litigation matters with multiple parties in several states. It represents the first opportunity that investors from the mid-1980s will receive any return on their investment in this treasure hunt.

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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

Assisted in the Ohio Supreme Court’s dismantling of a $42 million jury verdict in an action brought by a former insurance agent against the company. In doing so, the Court made important clarifications of Ohio law.

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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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Favorable verdict on behalf of a public client

On behalf of an Ohio municipality, obtained a favorable verdict in a construction-related litigation suit that had a value of over $2.5 million. The city is also entitled to recover its attorney fees.

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Elections litigation

Successfully represented the Ohio Secretary of State in a preliminary injunction hearing following termination of two members of board of elections who alleged “wrongful termination” and sought reinstatement following failure to comply with elections directive.

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Traffic photo enforcement class action representation

Successfully represented the manufacturer of a traffic photo enforcement system in 14 class action lawsuits (all were dismissed) resulting in two Ohio Supreme Court decisions upholding the home rule powers of cities to enact ordinances allowing for such systems.  

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