People
Jeffrey P. McSherry
Jeff McSherry is a partner who is known as a persuasive and successful trial lawyer, having earned the respect of both clients and jurors. He has significant experience representing clients in complex litigation matters, including business and employment disputes, restrictive covenants, transportation law, construction claims and defects, insurance coverage, bad faith litigation, real estate, lender liability and creditor’s rights, and life/disability insurance litigation. Jeff has conducted numerous jury trials, arbitrations and mediations. Whether it is a temporary restraining order being sought at the beginning of a case, a trial, or a case on appeal before a state’s highest court, Jeff is known for his preparation, skill and zealous advocacy.
Experience
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Breach of contract case victory
On behalf of a transportation industry client, successfully argued before the Supreme Court of Ohio in a breach of contract case to reverse the court of appeals' judgment stating that the common-law requirements set out in Globe Indemnity Co. v. Schmitt, 53 N.E.2d 790 (Ohio 1944) for determining whether an indemnitee may recover against an indemnitor when the indemnitee has settled a claim without the indemnitor's involvement do not apply when the parties express a clear intent to negate those requirements in their contract.
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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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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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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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Business TRO and permanent injunction
On behalf of a transportation industry client, successfully obtained a temporary restraining order and permanent injunction against a departing employee who became employed at a competing business.
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Successful arbitration of damage claims
Prevailed in a Georgia arbitration in which the client contractor was wrongfully accused of causing water intrusion damage on a large multi-unit condominium project.
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Successful breach of contract defense
Successfully defended a public university against claims of breach of contract and fraud related to information technology services.
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Insurance company representation
Successful representation of multiple insurers with respect to life, ERISA, and individual disability claims.
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Freight transportation broker representation
Successful representation of a freight broker in several cases involving cargo loss and damage claims throughout the U.S.
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Construction dispute resolution
Successfully resolved by trial, arbitration or mediation several construction-related claims and disputes.
Professional & Community Activities
- Member, Life Health and Disability Committee, Defense Research Institute (DRI)
Bar Admissions & Activities
- Member, American Bar Association; Ohio State Bar Association; Indiana State Bar Association; Kentucky State Bar Association; Northern Kentucky Bar Association; Cincinnati Bar Association
- Admitted, Supreme Courts of Ohio, Kentucky and Indiana; United States District Courts and Bankruptcy for the Northern and Southern Districts of Ohio, Eastern and Western Districts of Kentucky, Northern and Southern Districts of Indiana
Awards & Recognition
- Listed, Best Lawyers in America (Commercial Litigation), 2013–2023
- Listed, Ohio Super Lawyers (Business Litigation; Transportation/Maritime; Construction Litigation: Business; Insurance Coverage), 2009–2020
- Rising Star, Ohio Super Lawyers , 2005–2006
Education
- University of Dayton (J.D., 1991)
- Bowling Green State University (B.S., 1988)
