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.
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.
Represented a major national lender in connection with self-disclosure of non-compliance with certain regulatory issues. The engagement included meeting and working with state and federal regulators, state-wide vacature of more than 25,000 lawsuits, appearances in virtually every court within the State of Ohio and coordination of refunds of state-court judgments.
Ohio Supreme Court representation
Represented the Chief Justice, the lead Disciplinary Counsel and the Director of the Board of Professional Conduct in defending the constitutionality of Ohio’s Code of Judicial Conduct against First and Fourteenth Amendment challenges. Representation included successful merits briefs in the Southern District of Ohio and the Sixth Circuit Court of Appeals.
Restricted covenants litigation for a large energy company
Successfully represented one of the nation's largest energy producers and transporters, Dominion East Ohio, in a case involving a natural gas supplier who placed restricted covenants on property deeds, forcing all owners and lessees to buy gas from it. The supplier sued Dominion when a commercial customer tried to enter into a new retail supply agreement with them. Courts struck down the covenant for lack of considerations and ruled the restriction as a violation of Ohio public policy.
Class action defense
Defended insurer in a Kentucky class action suit alleging misapplication of local government premium taxes.