With extensive experience in complex commercial, construction and intellectual property litigation, Brian provides clients with the counsel they need to overcome challenges and reach efficient resolutions. Utilizing a communication-driven approach, Brian places a premium on learning each client's operations and objectives, allowing him to tailor his approach to suit their needs. Brian has tried cases in state and federal courts across the country. Within the construction industry, Brian has represented contractors, architects, engineers and owners, in cases involving a wide variety of construction relating claims including defective work, delay, acceleration, liquidated damages, scope changes, cost overruns, property damages and personal injury. His thorough understanding of the challenges facing the industry allow him to form a partnership with his clients, and his experience as a litigator ensure he's able to guide those clients to cost-effective resolutions. Recently he has been involved in multiple cases dealing with paint delaminating on buildings, and has worked closely with experts in the field to obtain quick and favorable resolutions for his clients. He also recently served as lead trial counsel in a case in the Hamilton County Common Pleas Court involving an escalator maintenance company, defending the company against personal injury claims when a concertgoer was injured on an escalator at Music Hall in Cincinnati. Relying on his experience in jury trials and elevator/escalator cases, Brian lead the case through the discovery and trial process, including developing and securing key testimony from expert witnesses that eventually resulted in a favorable jury verdict for the client, with a finding that the plaintiff was 100 percent at fault for her injuries. Understanding that litigation isn't always a desirable option, he also is experienced in both arbitration and mediation proceedings, allowing clients to choose an avenue that best fits the circumstances. His ability to understand the details and complexity of issues and then synthesize that information to a jury offers clients an advantage that allows them to move forward confidently with their business. Memberships & Affiliations · American Bar Association · Cincinnati Bar Association, Former Chairman, Construction Law Committee · Ohio State Bar Association · Potter Stewart Inn of Court · Hamilton County Special Olympics, Board of Trustees, Executive Committee, Secretary · Beckfield College, Paralegal Advisory Committee Distinctions · Peer Review Rated AV in Martindale-Hubbell Experience Rose Mary Wolfe v. Cincinnati Arts Association, et al.
Schindler Elevator
Obtained a defense verdict in defending a personal injury claim seeking damages of approximately $400,000 brought by an elderly woman alleging injuries when one of her shoes became stuck on a comb plate of an escalator at Music Hall in Cincinnati. Susan M. Mays v. Fourth Street Limited Partnership and Schindler Elevator
Schindler Elevator
Claim for personal injury when elevator Plaintiff was riding in came to an abrupt stop and knocked her to the floor Witt Industries, Inc. v. Ziolkowski Construction, et al.
Witt Industries, Inc.
Breach of contract and negligence claims arising out of defective paint which began delaminating (peeling) from the interior of a steel galvanizing facility within just a few months after the building was constructed. RETCO, Inc. v. AERO, Inc.
RETCO, Inc.
Counsel for Plaintiff in a suit alleging misappropriation of trade secrets Moorman v. Smith, et al.
Midwest Brokers & Associates, and a number of individual employees
Claims for fraudulent and negligent misrepresentation arising out of contract to purchase commercial property OPW Fueling Components/PISCES Underground Piping Patent Litigation and Related Cases
PISCES by OPW, Inc., OPW Fueling Components, Division of Dover Corporation
Patent infringement, breach of contract, licensing Recording Industry of America vs. Various Defendants in Ohio and Kentucky
Recording Industry Association of America (BMG Music, Atlantic Recording Corporation, Capital Records, Inc. Arista Records LLC, Interscope Records, Sony BMG Music Entertainment, Warner Brothers Records, Inc., etc) Counsel in various lawsuits seeking to enjoin illegal uploading and downloading of copyrighted music Publications March 1, 2010, Know Your Lien Rights September 1, 1991, State v. Andrews, 57 Ohio St. 3d 86, The Erosion of the Fourth Amendment Under the Terry-Standard, Creating Suspicion in High Crime Areas (University of Dayton Law Review, 1991) |