Samples of Legal Matters Handled

United States of America v. Territory of the Virgin Islands, et al., 884 F. Supp. 2d 399 (D.V.I. 2012). Lead counsel 2011–12 for the defendants in decades-long prison-conditions suit filed by the United States Department of Justice Civil Rights Division; obtained order vacating all remedial decrees entered against the defendants in previous 26 years regarding conditions at Golden Grove Correctional Facility, ruling that the orders failed to comply with the requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626. See also 280 F.R.D. 232 (D.V.I. 2012) (discovery order holding that plaintiff’s experts may not interview prison staff or employees while conducting onsite visit under Fed. Civ. R. P. 34). 

United States of America v. James A. Telb, No.20 09-0182 United States District Court for the Northern District of Ohio. Co-counsel for a defendant in criminal prosecution by the United States Department of Justice Civil Rights Division against Lucas County Sheriff and three deputies alleging civil-rights violations in the death of a pretrial detainee allegedly caused by application of a sleeper hold for restraint. Lead counsel at trial for all defendants on medical issues regarding cause of death. Verdict: Not Guilty on all counts involving causation of inmate’s death. 

Salkil v. Village of Mount Sterling, 458 F. 3d 520 (6th Cir. 2006). Lead counsel for appellant Equal Justice Foundation; reversed sanctions awarded under Rule 11 and 28 U.S.C. § 1927. 

Dana Corporation v. Celotex Asbestos Settlement Trust, et al., 251 F.3d 1107 (6th Cir. 2002). Lead counsel for Dana in 18-year litigation arising out of Dana’s divestiture of corporate subsidiary; affirmed trial court’s summary judgment for appellee Dana. 

Taaron Schaffer et al. v. A.O.Smith Corporation, et al., 74 F.3d 722 (6th Cir. 1996). Lead counsel in trial court and on appeal for primary defendant in double-fatality product liability case; affirmed trial court’s entry of summary judgment for defendants, holding expert testimony inadmissible to establish the existence of a manufacturer’s duties. 

Faurecia Automotive Seating, Inc. v. Toledo Tool and Die Company, 579 F. Supp. 2d 967; 2008 U.S. Dist. LEXIS 76098 (N.D. Ohio 2008). Co-counsel in charge of briefing motion for judgment on the pleadings on the ground that the complaint alleged an unenforceable, illusory contract. Motion granted. 

Pangle v. Roundy’s Lake Sales, 76 Ohio St. 3d 389 (1996). Lead counsel on appeal for defendant-appellants; affirmed appellate court’s reversal of order granting new trial after defense verdict. 

State of Ohio v. McDermott; John Lawrence, Esq., Contemnor, 72 Ohio St. 3d 570 (1995). Lead counsel on appeal for attorney held in contempt and jailed for refusing to divulge communications with client; affirmed appellate court’s reversal of contempt order, holding that Ohio recognizes no waiver of the attorney-client privilege except those set forth in Ohio Revised Code §2317.02(A). State v. Post, 32 Ohio St. 3d 380 (1989), overruled in part.

TRINOVA Corporation v. Pilkington Brothers, P.L.C., Libbey-Owens-Ford Company, 70 Ohio St. 3d 271 (1994). Co-counsel for plaintiff-appellee in action to recover $14,000,000 indemnification under contract for corporate divestiture, holding the principle of contract integration is a corollary to the parole evidence rule. 

Dana Corporation v. Fireman’s Fund, et al., 865 F.2d 257, 1988 U.S. App. LEXIS 16994 (6th Cir. 1988). Lead counsel in trial court and on appeal for plaintiff-appellee; affirmed injunction against defendant Celotex Corporation from filing new actions or further prosecuting current cases against the Dana in other jurisdictions. 

State v. Geraldo, 68 Ohio St. 120 (1981); 13 Ohio App. 27(1983). Lead counsel for defendant-appellee; affirmed order suppressing evidence obtained from single-party-consent wiretap. 

Childs v. Hon. Sumner Walters, et al., (unpublished) Supreme Court of Ohio. Lead counsel for primary lead respondent in original action for extraordinary writs; held: writs denied. Id. Lead counsel in United States Court of Appeals for the Sixth Circuit; affirmed order granting summary judgment that gave res judicata effect to supreme court decision. 

Hartford Accident and Indemnity Company v. LTV Corporation and Dana Corporation, 774 F.2d 677 (5th Cir. 1985). Lead counsel for defendant-appellant at trial and on appeal of declaratory judgment action for indemnification arising out of divestiture of corporate subsidiary. 

United Auto Workers v. Dana Corporation, 679 F.2d 634 (6th Cir. 1981), vacated and dismissed as moot, 697 F.2d 718 (6th Cir. 1983) (en banc). Co-counsel for defendant-appellant at trial and on appeal; lead counsel for rehearing en banc in which appellate panel’s decision that affirmed trial court’s injunction ordering employer to remain neutral during union’s effort to organize employees was vacated and action dismissed. 

Markowitz and Company v. Lucas County Metropolitan Housing Authority, Nos. 77-3230, 77-3231, 608 F.2d 699 (6th Cir. 1979). Lead counsel for plaintiff-appellee at trial of contract action against local housing authority; affirmed damage award for breach of contract. 

Lamb Enterprises, Inc. v. Hon. George N. Kiroff, et al., 549 F.2d 1052 (6th Cir. 1977). Lead counsel for appellant; reversed district court’s injunction against state-court action retrying previously vacated federal court verdict. This is the seminal Sixth Circuit case on the applicability of Younger v. Harris to federal-court injunctions against civil proceedings in state court. 

Afro-American Patrolmen’s Association v. Duck, et al., 503 F.2d 294 (6th Cir. 1974). Co-counsel for intervening individual police officers in civil rights class action whose promotions to sergeant were enjoined by the district court. 

Palmer v. Columbia Gas of Ohio, Inc., 479 F.2d 153 (6th Cir. 1973). Co-counsel for defendant-appellant at trial and on appeal of action under 42 U.S.C. §1983; affirmed injunction against public utility from terminating gas service on grounds that utility’s action constituted state action and violated due process. 

Taylor, et al. v. Perini, 477 F. Supp. 1289 (N.D. Ohio 1979). Lead counsel representing the Ohio Department of Rehabilitation and Correction during proceedings to enforce injunction obtained by inmate class regarding conditions of confinement. 

Fireman’s Fund Ins. Co. v. Hartford Acc. & Indemn. Co. v. Dana Corporation, (N.D. Ohio). Lead counsel for policyholder in action among insurers over contribution for sums paid on insured’s behalf under policies of insurance that were retrospectively rated. 

Ruiz v. Estelle, United States District Court for the Southern District of Texas. Counsel retained by the Administrative Office of the U.S. Courts to represent court-appointed monitor in month-long hearing on State of Texas’s motion to discharge the monitor. 

Guthrie v. Evans, United States District Court for the Southern District of Georgia. Retained by the Administrative Office of the U.S. Courts as lead counsel for special master/court-appointed expert witness in prison conditions suit in Georgia. 

Parrish Power Products, Inc. v. Dana Corporation, United States District Court for the Northern District of Ohio. Co-counsel for defendant in antitrust action; settled after three years of litigation for no monetary relief. 

The Rose Company v. Dana Corporation v. Neenah Foundry, United States District Court for the Eastern District of Wisconsin; Stuller Engineering and Marketing Services, Inc. v. Dana Corporation v. Neenah Foundry, United States District Court for the Northern District of Texas. Lead counsel for defendant in parallel actions alleging breach of contract for the sale of goods. 

Seilon, Inc. v. Edward O. Lamb, et al., United States District Court for the Northern District of Ohio. Co-counsel at trial for publicly traded plaintiff in injunction action against minority shareholders to compel 13D disclosure of the formation of a group to gain control of plaintiff corporation. 

Blackburn, Guardian, etc., et al. v. Creasey, etc., United States District Court for the Northern District of Ohio. Lead counsel for plaintiffs, profoundly retarded residents of Northwest Ohio Developmental Center; injunction issued to prevent termination of Center as licensed Medicaid provider. O’Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), distinguished. 

Hirsch, et al. v. Payne County Drilling Partners, et al., Common Pleas Court of Lucas County, Ohio. Lead counsel for group of corporate executives in action under Blue Sky law to recover sums invested in tax shelters. 

Jemo Associates, Inc. v. City of Van Wert, et al., United States District Court for the Northern District of Ohio. Lead counsel for defendants in action under 42 U.S.C. §§1981 and 1983 against city and its officials for preventing construction of federally subsidized housing construction. 

Defiance Associates v. City of Defiance, et al., United States District Court for the Northern District of Ohio. Co-counsel for plaintiff building contractor in civil rights action against city and its officials for preventing construction of federally subsidized housing. 

Mower, et al. v. Denton, et al., United States District Court for the Northern District of Ohio. Lead counsel for the Ohio Department of Rehabilitation and Correction in class action challenging conditions of confinement. 

Hunt v. Michigan State University, United States District Court for the Western Division of Michigan. Co-counsel in action in which varsity football player who was suspended by order of N.C.A.A. sought injunction against further suspension. 

Gordon v. Blue Cross of Northwest Ohio, United States District Court for the Northern District of Ohio. Lead counsel for prevailing plaintiff in Title VII action in which defendant consented to affirmative measures to improve working conditions and advancement opportunities for women employees. 

Toledo Board of Education Title VI Compliance Review. Lead counsel for city school district in school segregation investigation by United States Department of Health, Education and Welfare and in other threatened school desegregation matters (1973 – 1976). 

General Motors Engine Switch Litigation, United States District Court for the Northern District of Illinois. One of the three attorneys who negotiated the nationwide settlement of various public agencies’ lawsuits against General Motors arising out of its installation of Chevrolet engines in Oldsmobile automobiles.