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Marion H. Little, Jr.

Partner
little@litohio.com
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Direct: 614.365.4113
Fax: 614.365.7900

41 S High St
3500 Huntington Center
Columbus, Ohio 43215

Representative Non-Confidential Engagements
  • Trial counsel for Governor DeWine, the Ohio Department of Health, and other state administrative agencies in federal and state trial actions and appellate court proceedings in defense of Ohio’s health and closure orders issued to combat the spread of COVID.

  • Lead trial counsel in jury trial against corporate officer and director asserting claims for breach of fiduciary duty. Secured seven-figure judgment consisting of compensatory and punitive damages and attorneys’ fees. Believed to be the first case in which the business judgment rule afforded no protection to a corporate officer notwithstanding Ohio’s recently enacted statutory protection for corporate officers. Pretrial proceedings included dissolution of corporate entities, securing the appointment of a receiver, funding for the receivership pending the sale of $29 million asset, and successful prosecution and recovery on contested claims in the receivership.

  • Lead trial counsel in AAA arbitration over ownership control of two closely-held companies. Secured dismissal of claimant’s fraud, breach of contract, and fiduciary duty claims seeking in excess of $15 million. Prevailed on counterclaims seeking specific performance of purchase option.

  • Lead trial counsel in defense and trial of $45 million maladministration claim against estate fiduciary. Plaintiff capitulated on the fourth day of trial.

  • Lead trial counsel in six-week jury trial for local development company, its principal, and condominium buyers in litigation against regional bank arising from bank’s breach of contract to provide construction financing for developer’s project to convert historic apartment building to condominiums. Obtained dismissal or jury verdict for plaintiffs on $6 million counterclaim brought by bank. Obtained jury verdict of approximately $14 million against bank on breach of contract and tortious interference claims brought by developer and additional verdicts totaling $5.6 million for condominium buyers. The net result was a $25 million judgment for clients.

  • Lead trial counsel in four-week trial advancing derivative claims for misappropriation of corporate opportunities and breach of fiduciary duty by corporate president and director. $19.8 million verdict returned in client’s favor included award of punitive damages and the imposition of constructive trusts. Established non-dischargeability of debt in subsequent bankruptcy proceedings.

  • Lead special litigation counsel representing Chapter 11 Debtor in adversary proceeding against numerous individual and corporate defendants. Proceedings included claims of fraud, fraudulent inducement, and breach of fiduciary duty involving millions of dollars relating to Debtor’s dealings and/or involvement with the various Defendants. Secured (a) injunctive relief enjoining transfer of assets; (b) an order disallowing a $14-million proof of claim based upon, among other things, fraudulent inducement; (c) issuance of a contempt citation against principal Defendant; and (d) $1 million in punitive damages. Decisions all successfully defended on appeal before the Sixth Circuit Court of Appeals.

  • Co-trial counsel in four-week jury trial advancing fraud and federal RICO claims upon behalf of plaintiff. Jury verdict of $3.2 million in favor of client. Believed to be the only successfully tried civil RICO case in the Southern District of Ohio, Eastern Division.

  • Co-trial counsel in jury trial defending commercial trespass claims and pursuing counterclaims for abuse of process. Client prevailed. Jury verdict of abuse of process, with a judgment including compensatory damages, punitive damages, and attorneys’ fees.

  • Trial counsel in defense of action pursued by approximately 500 plaintiffs against the Ohio Bureau of Workers’ Compensation. Client’s?] overall exposure was $300 million. Case tried to a defense verdict.

  • Lead trial counsel in representation of a broker-dealer on a series of selling-away cases involving the unauthorized and undisclosed activities of an investment representative who raised approximately $20 million from investors for a Ponzi-scheme investment fund. Fifteen separate arbitrations (venued in 11 states), 22 related lawsuits (filed in 18 separate United States District Courts), and 18 appeals (filed in 10 separate United States Circuit Courts of Appeal) were involved. After the completion of a three-week evidentiary hearing in one arbitration, all proceedings favorably resolved for client.

  • Lead trial counsel in hearing on plaintiff and its attorney’s liability for pursuit of claims in violation of Ohio frivolous conduct statute. Client prevailed. Trial court’s imposition of sanctions against plaintiff and its counsel affirmed by court of appeals.

  • Lead trial counsel defending regional law firm in bankruptcy court adversary proceeding against claims by bankruptcy trustee and Attorney General seeking $60 million in damages for alleged civil RICO violations, legal malpractice, and other common law claims arising from firm’s provision of legal advice to trustees of defunct nonprofit psychiatric hospital. After extensive discovery and motion practice, Claims were resolved with no payment by firm to bankruptcy estate.

  • Lead trial counsel in defense of securities fraud and professional liability claims advanced by investor relating to loans and security arrangements in an acquisition. Plaintiffs sought in excess of $40 million. After five years of litigation and extensive discovery, Plaintiffs’ claims dismissed with prejudice. Client recovered monies on its counterclaim.

  • Lead trial counsel in defense of $3 million multi-week penny stock-fraud arbitration. Case tried to a defense verdict.

  • Lead trial counsel in successful defense of energy facility developer. Plaintiffs alleged fraudulent conspiracy by defendants in securing real-property site for $300 million electrical plant. Jury trial concluded by directed verdict in client’s favor.

  • Defense of law firm for alleged malpractice with respect to Section 29 tax-credit issue for alternative fuel source. Client’s exposure, premised upon plaintiff’s inability to syndicate tax credits, exceeded $100 million. Claims were dismissed on summary judgment.

  • Lead trial counsel in successfully defending and obtaining dismissal of $150 million insider trading claims against large financial services company.

  • Lead trial counsel in defense of four-week arbitration involving defamation claims in excess of $3 million. Case tried to a defense verdict.

  • Lead counsel in forcing the dismissal of a multi-million-dollar class action asserting violations of Telephone Consumer Protection Act.

  • Lead counsel representing defendant national furniture retailer in copyright and trademark litigation brought by major competitor based on defendant’s use of competitor’s marks and product photographs for purposes of comparative advertising. Secured summary judgment on copyright claim; case dismissed.

  • Lead counsel for large oil and gas company in multiple actions in state and federal courts in Ohio involving various challenges by landowners to the validity of oil and gas leases, in light of shale gas boom in Ohio and neighboring states.

  • Lead counsel representing plaintiffs in $70 million action alleging securities fraud and other claims against Nationally Recognized Statistical Rating Organizations based on misstatements involving Auction Rate Securities given high credit ratings leading up to 2008 financial crisis.

  • Lead trial attorney upon behalf of Governor Voinovich’s administration of successful defense of eleven lawsuits alleging discriminatory employment practices based upon political affiliation in violation of the First Amendment.

  • Lead trial attorney in multiple preliminary and permanent injunction actions, including actions to enforce non-compete and non-solicitation agreements and protect trade secrets.

  • Lead counsel in defense of multiple legal malpractice actions.

  • Lead trial attorney in multiple arbitrations tried before the National Association of Securities Dealers, Inc., and the Financial Industry Regulatory Authority.

  • Numerous court appearances on behalf of media clients to ensure court access for both print and electronic media.

  • Numerous original actions for writs of mandamus and/or prohibition before Ohio Supreme Court.

Representative Appellate Advocacy
  • Electronic Classroom of Tomorrow v. Ohio State Board of Education et al., Ohio Supreme Court 2021). Litigation as to the availability of judicial review from administrative decision.

  • Cook v. Ohio National Life Insurance Company, Federal Sixth Circuit Court of Appeals (2020). Successfully affirmed dismissal of putative class-action plaintiff’s claim for lack of standing given plaintiff’s lack of third-party beneficiary status.

  • Browning v. Ohio National Life Insurance Company, Federal Sixth Circuit Court of Appeals (2020). Successfully affirmed dismissal of putative class-action plaintiff’s claim for lack of standing given plaintiff’s lack of third-party beneficiary status.

  • Aaron Anderson, et al. v. WBNS-TV, Inc., Ohio Supreme Court (2019). Secured reversal where court of appeals had incorrectly applied standard in determining whether fault standard had been met in a defamation case.

  • One Energy Enterprises, LLC, et al. v. Ohio Department of Transportation, Tenth Appellate Dist. (2019). Successfully established client’s rights to secure declaratory relief contesting state agency’s exercise of jurisdiction. On remand, secured declaration that state agency’s rulemaking exceeded statutory powers.

  • Electronic Classroom of Tomorrow v. Ohio State Board of Education et al., Ohio Supreme Court 2018). Litigation of funding methodology for e-schools.

  • Lipperman v. Batman, Ohio Supreme Court (2016). Successfully represented XTO Entergy, Inc., and Phillips Exploration in construction of Ohio Dormant Minerals Act in challenge to enforceability of oil and gas leases.

  • Gattuccio v. Averill, Oregon Appellate Court (2015). Successfully affirmed dismissal of elder abuse claim.

  • Pingue v. Preferred Real Estate Investments II, LLC, Fifth Ohio Appellate Dist. (2015). Successfully affirmed jury verdict for abuse of process and award of compensatory and punitive damages and attorneys’ fees.

  • Edelman v. JELBS, Tenth Ohio Appellate Dist. (2015). Successfully affirmed trial verdict for breach of fiduciary duty claim against controlling shareholders.

  • Clemens v. Nelson Financial Group, Inc., Tenth Ohio Appellate Dist. (2015). Successfully affirmed dismissal of securities and fraud claims.

  • Carasalina, LLC v. Bennett, Tenth Ohio Appellate Dist. (2014). Affirmed lower court’s finding that plaintiff and attorney violated the Ohio Frivolous Conduct statute.

  • Taddeo v. Bodanza, Eighth Ohio Appellate Dist. (2014). Affirmed trial court’s dismissal of securities fraud claims.

  • Fifth Third Bank, et al. v. Kenneth Senvisky, et al., Eighth Ohio Appellate Dist. (2014). Successfully reversed lower-court decision compelling arbitration.

  • Fifth Third Bank, et al. v. James Rowlette, et al., Tenth Ohio Appellate Dist. (2013). Successfully affirmed that clients were not obligated to arbitrate claims before FINRA.

  • State ex rel. Vindicator Printing Co. v. Wolff, Ohio Supreme Court (2012). Successfully prevailed on writ of prohibition action to secure access to sealed records.

  • Ohio Civil Rights Commission v. Triangle Real Estate Services, Inc., Tenth Ohio Appellate Dist. (2007). Successfully defended owner, builder, and developer from claims of discrimination in the construction and design of multi-family units.

  • Columbus Homes, Ltd., et al. v. S.A.R. Construction, Inc., et al., Tenth Ohio Appellate Dist. (2007). Successfully affirmed lower-court monetary judgment in excess of $19 million.

  • McDonnell v. Cardiothoracic & Vascular Surgical Associates, Inc., Federal Sixth Circuit Court of Appeals. Successfully defended hospital against claims of fraud and tortious interference and alleged violation of Anti-Kickback Statute and Stark Law.

  • State ex rel. Dispatch Printing Co. v. Johnson, Ohio Supreme Court (2005). Writ of mandamus action litigating the public-record status of home addresses.

  • State ex rel. Dispatch Printing Co. v. Morrow County Prosecutor’s Office, Ohio Supreme Court (2005). Prevailed in writ of mandamus action relating to 911 tapes.

  • Central Funding, Inc. v. CompuServe Interactive Services, Inc., Tenth Ohio Appellate Dist. (2003). Successfully sought reversal of lower-court grant of summary judgment in favor of plaintiff. Court ultimately found, on appeal, client was entitled to summary judgment on its claim that plaintiff proceeded in bad faith.

  • State ex rel. Consumer News Services, Inc. v. Worthington City Board of Education, Ohio Supreme Court (2002). Prevailed in mandamus action to compel production of public records. Court found that respondent had engaged in a history of failing to timely comply with public-records requests.

  • Citicasters Co. v. Bricker & Eckler LLP, First Ohio Appellate Dist. (2002). Successfully argued for affirmance of lower court’s dismissal of multi-million-dollar fraud claim against law firm.

  • Charvat v. Dispatch Consumer Services, Inc., Ohio Supreme Court (2002). Litigation under the Telephone Consumer Protection Act. In later proceeding, secured permanent injunction compelling recurring TCPA plaintiff to affirmatively place numbers on “do not call” list.

  • Tallal v. Bank One, N.A., Ohio Supreme Court (2002). After argument, successfully convinced the Supreme Court to dismiss the appeal as having been improvidently granted.

  • Advanced Analytics Laboratories, Inc. v. Kegler Brown Hill & Ritter Co., LPA, et al., Tenth Ohio Appellate Dist. (2002). Successfully defended law firm against legal malpractice claims.

  • Dennis Holley v. WBNS 10TV, Inc., Tenth Ohio Appellate Dist. (2002). Successfully defended television station against defamation claims.

  • Ware v. Kowars, Tenth Ohio Appellate Dist. (2001). Successfully defended broker-dealer against claims under Blue Sky law and various common law theories relating to securities sales.

  • State ex rel. Dispatch Printing Co. v. Louden, Ohio Supreme Court (2001). Successful mandamus/writ of prohibition action against Delaware County judge who had excluded media from courtroom and courthouse.

  • State ex rel. Dispatch Printing Co. v. Long, Ohio Supreme Court (2000). Writ of prohibition action seeking court access.

  • FontBank, Inc. v. CompuServe Incorporated, Tenth Ohio Appellate Dist. (2000). Successfully defended against fraud and contract claims.

  • Rountree v. WBNS TV, Inc., Tenth Ohio Appellate Dist. (1999). Successfully defended television station against defamation claims.

  • Collins v. Voinovich, et al., Federal Sixth Circuit Court of Appeals (1998). Successfully argued for affirmance of lower court’s dismissal of political discrimination claim.

  • Powell v. Squire, Sanders & Dempsey, et al., Federal Sixth Circuit Court of Appeals (1999). Successfully argued for affirmance of order imposing Rule 11 sanctions against attorney.

  • Terlecky v. Hurd, et al., Federal Sixth Circuit Court of Appeals (1997). Successfully argued for affirmance of District Court’s dismissal of fraud claims brought by bankruptcy trustee against defendant attorneys and law firm. Underlying litigation involved an alleged penny stock fraud scheme.

  • Knowlton v. Brown, Federal Sixth Circuit Court of Appeals (1997). Assumed representation after trial court had ruled in plaintiff’s favor. Successfully convinced Sixth Circuit to reverse lower court’s decision on an interlocutory appeal.

  • Kreuzer v. Brown, Federal Sixth Circuit Court of Appeals (1997). Successfully argued for affirmance of lower court’s dismissal of political discrimination claim.

  • Flis v. George Voinovich, Governor of Ohio, et al., Federal Sixth Circuit Court of Appeals (1998). Successfully argued for affirmance of lower court’s dismissal of political discrimination claim brought against Governor Voinovich’s administration.

  • Roberts, Administrator v. Bank of America, Trustee, Tenth Ohio Appellate Dist. (1995). Enforceability of arbitration clause. Client prevailed.

Education/Clerkship

J.D., The Ohio State University Moritz College of Law, 1989
Summa Cum Laude, The Order of the Coif
1989 – 1991: Law Clerk for District Court Judge Joseph P. Kinneary, Southern District of Ohio, Eastern Division

B.A., The Ohio State University, 1986

Bar Admissions

Supreme Court of Ohio
United States Court of Appeals; Second Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits
United States District Court; Northern and Southern Districts of Ohio
United States District Court, Eastern District of Michigan

Awards and Recognition

  • Ohio Super Lawyers, (2006 – present)
  • Ohio Super Lawyers Top 50 in Columbus (2011 – present)
  • Ohio Super Lawyers Top 100 in Ohio (2012, 2014, 2015, 2016)
  • Best Lawyers in America: (commercial litigation; securities law; administrative law; employment law; legal malpractice law; communications law; First Amendment law; and media law)
  • Recognized, Chambers USA, commercial litigation