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Services Available
Over the years, the firm has represented manufacturers of a wide variety of products in a myriad of markets. These have included products in the following sectors: Automotive
Automobiles, tires, safety appliances, brakes, seatbelts, airbags, child restraints Ethical Pharmaceutical
Bendectin, DES, Thalidomide, Accutane, Phentermine, Parlodel, Phenylpropanolamine, Oxycontin, Pyridostigmine Bromide Household Products and Appliances
Detergents, hair care products, fabric softeners, home appliances, power tools, mowers, grills, lawn chairs, wheelbarrows, electrical line hose, cribs, baby monitors, disposable diapers Manufacturing/Industrial
Airplanes and helicopters, firearms, fire suppression systems, fuel dispensing systems, logic automated machinery and robotics, machine tools, nozzles, breakaways and cutoffs, power presses Medical/Device
Blood and blood products, bone screws, breast implants, food supplements such as L-tryptophan and ephedra, neutraceuticals, orthopedic implants, over-the-counter cough, cold and sleep aid medications, pacemakers, pacemaker leads, penile implants, silicone implant products, surgical gloves, tampons, urethral stone retrieval devices Recreational
Basketball backboard systems, bicycles, bowling pinspotting equipment, chemistry sets, exercise equipment, power boats and personal watercraft, rollercoasters and amusement park rides, running shoes, trampolines, treadmills Tobacco
Cigarettes and smokeless products Toxic
Asbestos, pesticides, manufacturers of chemicals in toxic exposure cases, building product manufacturers in mold litigation, artificial butter flavoring Representative Experience General Contractor
Anonymous Plaintiff v. General Contractor
Defense of suit alleging construction defect Purdue Pharma, LP
OxyContin Litigation
Defense of claims based on the marketing of prescription pain relief medication Mazda Motors of America, Inc.
Michelle Dillion v. Mazda Motors of America, Inc.
Defense of suit alleging violation of Ohio's Lemon Law and breach of warranty General Contractor
Anonymous Plaintiff v. General Contractor
Product liability claim for construction defects involving EIFS International Flavors & Fragrances, Inc.
Popcorn / Flavoring Litigation
Multimillion dollar personal injury claims and claims for punitive damages alleging strict liability, negligence, failure to warn, fraudulent concealment and conspiracy Huffy Corporation, Huffy Bicycle, Huffy Sports, Huffy Service First, Gerry Baby Products, True Temper Hardware
Product Liability Counsel
Regional product liability counsel for Huffy Corporation and its past and present subsidiaries and divisions Cereal Manufacturer's Insurer
Anonymous Plaintiff v. Cereal Manufacturer
We represented the Defendant's insurer in a suit for $10,000 against a cereal manufacturer for Plaintiff's broken tooth due to an alleged foreign object in the cereal. The case was settled prior to mediation. International Flavors & Fragrances, Inc.
Popcorn / Flavoring Litigation
Successfully briefed and argued Mitchell v. International Flavors & Fragrances, Inc. et al., Slip Copy, -- Ohio -- , 2008 WL 2853880, Ohio App. 1 Dist. (July 25, 2008), affirming trial court's granting of summary judgment in favor of our client. 1st District Court of Appeals held that Plaintiff/Appellant was collaterally estopped from relitigating the issue of causation in this product liability action based upon her previous litigation and denial of workers compensation benefits for the same lung injury. Brown & Williamson Tobacco Corporation
Michael Thompson v. Brown & Williamson, et al.
Multi-million dollar product liability claim for compensatory and punitive damages against major cigarette manufacturer, including issues of strict liability, negligence, failure to warn and fraudulent concealment Brown & Williamson Tobacco Corporation, American Tobacco Company
Mash v. Brown & Williamson Tobacco Corp.
Multimillion dollars sought in compensatory and punitive damages against major cigarette manufacturer, alleging strict liability, negligence, failure to warn, conspiracy and fraud, in connection with health issues related to smoking, cigarettes and tobacco Owens Illinois, Inc.
Maynard v. Owens Illinois, Inc.
Defended Owens Illinois, Inc. in a product liability action alleging serious burn injuries from a “Mr. Wizard” chemistry set Multiple Clients
Litigation Experience
Defending companies in: - MDL 1507: In re: Prempro Products Liability Litigation
- MDL 1407: In re: Phenylpropanolamine (PPA) Products Liability Litigation
- MDL 1057: In re: Telectronics Pacing Systems, Inc., Accufix Atrial "J" Leads Product Liability Litigation
- MDL 1023: In re Diet Drugs (Phentermine/ Fenfluramine/ Dexfenfluramine) Products Liability Litigation
- MDL 926: In Re: Silicone Gel Breast Implant Products Liability Litigation
Acting as national coordinating counsel in premises and products liability litigation Defending premises owner in environmental contamination class action litigation Acting as client advocate with regulatory agencies regarding compliance issues Conducting audits for corporations seeking advice regarding regulatory compliance and risk management matters Identifying and retaining experts in a wide variety of disciplines to address medical, environmental and business litigation issues Managing the retrieval, review and production of massive quantities of electronic and hard copy documents, including e-discovery Designing and managing litigation support databases for use in review and production of electronically stored data, daily client communication, preparation of uniform discovery responses and general case management Serving as Assistant Special Prosecutor for the State of Ohio in State of Ohio v. Marvin L. Warner, 55 Ohio St. 3d 31 (1990) Hubble Incorporated
Mal-Sarkar v. Advance, et al; Tumbleson v. Hubbell; Mock v. CG&E, et al
Counsel for Hubble in several personal injury cases alleging injuries from electrical products Aventis Pharmaceuticals, Inc.
Mendez Montes de Oca v. Aventis Pharmaceuticals Inc.
National counsel for Aventis for cases involving the synthetic insulin medication, Lantus Voluntary Professional Association
Mercury Litigation
Defense of professional association in suit alleging injuries from dental amalgams National Pharmaceutical Distributor of Phentermine
MDL 1023: In re: Diet Drugs
Multi-district product liability and personal injury litigation related to the diet drug commonly known as fen-phen Black & Decker (US) Inc.
Melissa Birkenheuer v. Black & Decker (US) Inc.
Defense of product liability suit seeking in excess of $100,000 for alleged personal injuries Multiple Clients
Published Decisions - State of Ohio
Selected published decisions - State of Ohio: - Lowe v. Cincinnati Inc., Tenth Appellate District, 07-AP-850 (September 25, 2008).
Upheld termination of permanent total disability benefits. - Sexton v. City of Mason , 117 Ohio St. 3d 275 (2008).
Summary judgment upheld--city not liable for flooding on homeowners’ property and claim of permanent trespass. - Williams v. City of Hamilton, Twelfth Appellate District, CV 2005-09-3061 (July 21, 2008).
Summary judgment upheld--city not liable for intentional tort involving employee with 2nd and 3rd degree burns over large percentage of his body. - Crosset v. Marquette, First Appellate District, 2007 Ohio 550 (February 9, 2007). Discretionary appeal denied, Crosset v. Marquette, 114 Ohio St. 3d 1428, (2007).
Summary Judgment upheld--officer did not engage in malicious prosecution. - State ex rel. Hiatt v. Indus. Comm’n., 99 Ohio St. 3d 32; (2003).
Supreme Court affirmed industrial commission award of minimum benefit. - State Farm Cas. v. Black & Decker, Inc., Eighth Appellate District, 2002 Ohio 5821, (October 24, 2002), Discretionary Appeal denied, State Farm Cas. Co. v. Black & Decker (U.S.), 98 Ohio St. 3d 1480 (2003).
Reversing verdict for plaintiff in a products liability action and ruling in favor of defendant manufacturer--testimony of plaintiff’s expert was contradicted by physical facts. - Stanley v. City of Miamisburg, Second Appellate District, 2000 Ohio App. Lexis 205, (January 28, 2000).
Summary judgment upheld--Judicial estoppel precluded plaintiff from claiming City constructively discharged him by “forcing” him to retire in retaliation for whistleblowing. - Golden v. Kearse, Twelfth Appellate District, 1999 Ohio App. Lexis 2573,
(June 7, 1999).
Summary judgment upheld--truck driver was independent contractor at time of accident and not entitled to workers’ compensation. - Cincinnati Bell Tel. Co. v. Village of Fairfax, 81 Ohio St. 3d 599 (1998).
Supreme Court upheld Village’s right to impose net profits tax on telephone company. - General Accident Ins. Co. v. Black & Decker (U.S.), First Appellate District, 1996 Ohio App. Lexis 4907, (November 13, 1996).
Defense verdict in product liability claim upheld--trial court properly admitted testimony of a manufacturer’s expert witness. - Gallaher v. Manpower Int’l, First Appellate District, 106 Ohio App. 3d 881, (October 25, 1995).
Summary judgment upheld--heart attack not caused by employment. - Helton v. Consol. Rail Corp., Twelfth Appellate District, 1992 Ohio App. Lexis 3881, (July 27, 1992).
Summary judgment upheld--railroad had no duty to provide crossing warnings beyond those required by statute and the injured motorist was required to exercise ordinary care for his own safety. - Sites v. Proctor & Gamble Mfg. Co., Third Appellate District, 1991 Ohio App. Lexis 6471, (December 24, 1991).
Summary judgment upheld--owner of premises had no duty to warn or protect individual independent contractors from dangers associated with work they were hired to perform. - Dickstrom v. Southern Ohio Fabricators, Inc., Twelfth Appellate District, 1990 Ohio App. Lexis 502, (February 12, 1990).
Summary judgment upheld--employee’s death not caused by intentional tort. - Miller v. Procter & Gamble Mfg. Co., Third Appellate District, 1989 Ohio App. Lexis 4793, (December 20, 1989).
Directed verdict upheld--manufacturer not responsible for injuries to an employee of an independent contractor where the employee was responsible for the condition of her work area and knew of the dangers of the job. - Cox v. Consolidated Rail Corp., Twelfth Appellate District, 1989 Ohio App. Lexis 3313, (August 28, 1989).
Summary judgment upheld--Rail company’s failure to use warnings at grade crossing was not a nuisance. - Grimsley v. General Motors Corp., Twelfth Appellate District, 1988 Ohio App. Lexis 516, February 15, 1988.
Summary judgment upheld--employer did not act with the belief that an injury was substantially certain to occur. - Joseph v. Consolidated Rail Corp., Twelfth Appellate District, 1987 Ohio App. Lexis 9435, (October 30, 1987).
Summary judgment upheld--surveillance by private contractor did not impose liability on the employer. - Baker v. Consolidated Rail Corp., Second Appellate District, 1986 Ohio App. Lexis 7559, (July 8, 1986).
Summary judgment upheld--railroad not liable for failing to provide warning devices in addition to the usual signs at a crossing where the decedent was killed by a train because the crossing was not especially dangerous.
American Suzuki Motors Corporation
Werzinger v. American Suzuki Motor Corporation
Defense of suit alleging breach of warranty and sales practices violations General Contractor
Anonymous Plaintiff v. General Contractor
Defense of suit alleging construction defect Schindler Elevator
Susan M. Mays v. Fourth Street Limited Partnership and Schindler Elevator
Claim for personal injury when elevator Plaintiff was riding in came to an abrupt stop and knocked her to the floor The Procter & Gamble Company
Tampon Product Liability Litigation
Defense of The Procter & Gamble Company against claims of Toxic Shock Syndrome and other illnesses alleged to have resulted from the use of tampons. Litigation involved complex documentary, medical and scientific issues as well as claims of strict liability, negligence and failure to warn. Witt Industries, Inc.
Witt Industries, Inc. v. Ziolkowski Construction, et al.
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. Novartis Pharmaceuticals Corp.
Yacub v. Novartis Pharm Corp; F. Johnson v. Novartis Pharm. Corp.
Local counsel for Novartis in an Ohio and a Kentucky case claiming the prescription anti-lactation medication, Parlodel, caused strokes Plastics Manufacturer
Anonymous Plaintiff v. Plastics Manufacturer
Claims for personal injury and products liability against manufacturer of chair which broke Medical Device Manufacturer
Class Action Plaintiffs v. Medical Device Manufacturer
Class action by recipients of allegedly faulty medical device Manufacturer of Dental Equipment
Anonymous Plaintiff v. Manufacturer of Dental Equipment
Claim alleging personal injuries from exposure to sewer gas Manufacturing Company
Multiple Plaintiffs v. Multiple Manufacturing Companies
Benzene litigation General Contractor
Anonymous Plaintiff v. General Contractor
Claim for construction defect and product liability American Motors; Chrysler Corporation; Sturm Ruger & Co., Inc.; Johns Manville Corp.; Black & Decker Corporation; The Procter & Gamble Company
Representation of Corporate Defendants
Defense of major cases involving primarily corporate defendants
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