Representative Cases
Each of the following cases represents experience that our attorneys bring to the resolution of the business issues that you are facing. Our attorneys have played a role in all facets of the following litigation:
Limited Liability Companies and Business Association Litigation
McConnell v. Hunt Sports Enterprises, 132 Ohio App.3d 657, 725 N.E.2d 1193 (Ohio App. 10th Dist. 1999) — This case is credited with bringing professional hockey to Columbus. In a dispute regarding the construction of a new arena, this case established fiduciary law as to limited liability companies in Ohio. This case is commonly cited in law school Business Associations textbooks.
Media Access Litigation
State ex rel. Dispatch Printing Co. v. Louden, 91 Ohio St.3d 61 (2001) — The underlying case in this action involved a 14-year-old juvenile that was charged with a delinquency count of kidnapping. After a request by The Dispatch to open the hearing, Judge Louden closed the hearing and barred reporters from entering the courtroom. The Supreme Court granted the relief sought by The Dispatch and ordered that all further proceedings must be open unless the requirements of notice, hearing and findings are fulfilled. The court also issued a writ of mandamus compelling Judge Louden to produce an un-redacted transcript of the proceedings.
Public Records Litigation
State ex rel. Consumer News Services, Inc. v. Worthington City Board of Education, 97 Ohio St.3d 58 (2002) — A number of public records requests went unanswered or were answered in either an incomplete or untimely manner. On behalf of Consumer News Service, Zeiger, Tigges & Little LLP attorneys John Zeiger and Marion Little obtained a Writ of Mandamus from the Supreme Court of Ohio "to compel [Worthington City Board of Education] to provide access to requested public records in accordance with R.C. 149.43(B)(1)." Id. at 67. The court awarded Consumer News Services their attorney fees where CNS established a public benefit and Worthington's delay was unjustifiable. The court held: "[Worthington] cannot withhold public records simply because they disagree with the policies behind the law permitting the release of these records." Id. at 67.
Amicus Curiae Representation
Cleveland Bar Assn. v. CompManagement, Inc., 104 Ohio St.3d 168 (2004) — Counseled more than 75 business associations representing in excess of 25,000 Ohio businesses that employ upwards of 1,000,000 Ohioans as amici in this case which determined whether third party administrators practicing in front of the Industrial Commission were engaged in the unauthorized practice of law. The court ultimately ruled that "[n]onlawyers who appear and practice in a representative capacity before the Industrial Commission and the Bureau of Workers' Compensation in conformity to Industrial Commission Resolution No. R04-1-01 are not engaged in the unauthorized practice of law." Id. at paragraph 1 of the syllabus.
ERISA Litigation
Hunter v. Caliber Systems, Inc., 220 F.3d 702 (6th Cir. 2000) — Successfully defended consolidated class action arising under ERISA. Obtained summary judgment on class action breach of fiduciary duty and failure to diversify claims when large national logistics company was forced to spin-off a subsidiary due to deregulation of the industry. The court held that Caliber did not violate ERISA provisions when it transferred employee's qualified contribution plans to the spun-off entity. The 6th Circuit Court of Appeals affirmed summary judgment granted by the Southern District court to Caliber Systems.
First Amendment Litigation
Holley v. WBNS 10TV, Inc., 149 Ohio App.3d 22 (Ohio App. 10th Dist. 2002) — Successfully defended a libel claim brought by a father who removed his son from a daycare despite specific, written instructions from his ex-wife and the mother of the child. When this was reported on the 10TV News broadcast as an "abduction," the father brought suit. The court held that under the innocent construction doctrine such a description was capable of an innocent construction and the lower court was correct in awarding summary judgment.
Contract Litigation
Citicasters Company v. Bricker & Eckler, LLP, 149 Ohio App.3d 705 (Ohio App. 1st Dist. 2002) — Successfully defended a fraud action arguing that evidence of verbal representations cannot form the basis of a fraud claim where an agreement is memorialized in an integrated writing and the representations are not contained in the writing.
Professional Legal Liability Litigation (Legal Malpractice Defense)
Komar Industries, Inc. v. Thompson, Hine & Flory, LLP, 2005 WL 1413348 (Ohio Com. Pl. May 25, 2005) — Successfully defended law firm in an action for legal malpractice. In granting law firm summary judgment, the court held that the law firm did not commit malpractice in advising client to exercise self-help remedies to repossess secured collateral. Law firm eventually recovered on counterclaim for unpaid legal fees.