Marion H. Little, Jr.Partner
Lead 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 $14.0 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 clients favor included award of punitive damages and the imposition of constructive trusts. In subsequent proceedings before bankruptcy court, judgment found to be non-dischargeable.
Co-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-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 punitive damages and attorneys’ fees.
Lead trial attorney in defense of action pursued by approximately 500 plaintiffs against the Ohio Bureau of Workers’ Compensation. Clients' overall exposure was $300 million. Case tried to a defense verdict.
Lead 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 Court of Appeals) 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 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. Claims were resolved with no payment by firm to bankruptcy estate.
Lead 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 counsel in defense of multi-week penny stock-fraud arbitration. Claimants sought in excess of $3 million. 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 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 counsel in successfully defending and obtaining dismissal of $150 million dollar insider trading claims against large financial services company.
Lead 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 Practices Act.
Special litigation counsel representing Chapter 11 Debtor in adversary proceeding against numerous individual and corporate defendants. Case involves 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. To date, representation has resulted in (a) the entry of injunctive relief against the Defendants; (b) a 115-page decision from the bankruptcy court, following trial, disallowing a $14-million proof of claim filed against the Debtor by one of the Defendants on the grounds of, among other things, fraudulent inducement; and (c) issuance of a contempt citation against principal Defendant. Case is ongoing.
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 recent 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 Ratings Agencies based on misstatements involving Auction Rate Securities given high credit ratings leading up to 2008 financial crisis. Case is ongoing.
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 trial attorney in multiple arbitrations tried before the National Association of Securities Dealers, Inc.
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
Gattuccio v. Averill, 362 P. 3d 691 (2015). Affirmed dismissal of elder abuse claim.
Pingue v. Preferred Real Estate Invests II, L.L.C., 2015 WL 7300716 (5th Dist. 2015). Successfully affirmed jury verdict for abuse of process and award of compensatory and punitive damages and attorneys’ fees.
Edelman v. JELBS, 2015 WL 9683940 (10th Dist. 2015). Successfully affirmed trial verdict for breach of fiduciary duty of claim against controlling shareholders.
Clemens v. Nelson Fin. Group, Inc., 2015-Ohio-1232 (10th Dist. 2015). Successfully affirmed dismissal of security and fraud claims.
Carasalina, L.L.C. v. Bennett, 2014 WL 7274354 (10th Dist. 2014). Affirmed lower court’s finding that plaintiff and attorney violated the Ohio Frivolous Conduct statute.
Taddeo v. Bodanza, 2014 WL 424430 (8th Dist. 2014). Affirmed trial court’s dismissal of security fraud claims.
State ex rel. Vindicator Printing Co. v. Wolff, 132 Ohio St. 3d 481 (2012). Successfully prevailed on writ of prohibition action to secure access to sealed records.
Ohio Civil Rights Commission v. Triangle Real Estate Services, Inc., 2007 WL 1125482 (Ohio App. 10 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., 2007 WL 1083254 (Ohio App. 10 Dist. 2007). Successfully affirmed lower court monetary judgment in excess of $19 million.
McConnell v. Cardiothoracic Vascular Surgical Services, Inc., 165 Fed. Appx. 423 (6th Cir. 2006). Successfully defended hospital against claims of fraud and tortious interference and alleged violation of Anti-kickback and Stark Laws.
State ex rel. Dispatch Printing Company v. Johnson, 106 Ohio St. 3d 160 (2005). Writ of mandamus action litigating the public record status of home addresses.
State ex rel. Dispatch Printing Co. v. Morrow Cty. Prosecutor’s Office, 105 Ohio St. 3d 172 (2005). Prevailed upon writ of mandamus action relating to 911 tapes.
Central Funding, Inc. v. CompuServe Interactive Services, Inc., 2003 WL 22177226 (Ohio App. 10 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, 97 Ohio St. 3d 58 (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, 149 Ohio App. 3d 705 (2002). Successfully argued for affirmance of lower court’s dismissal of multi-million dollar fraud claim against law firm.
Tallal v. Bank One, N.A., 94 Ohio St. 3d 1251 (2002). Retained to handle Supreme Court briefing and oral argument. Successfully convinced the Supreme Court to dismiss the appeal as having been improvidently granted.
Advanced Analytics Laboratories, Inc. v. Kegler Brown Hill & Ritter LPA, et al., 148 Ohio App. 3d 440 (2002). Successfully defended law firm against legal malpractice claims.
Dennis Holley v. WBNS 10 TV, Inc., 149 Ohio App. 3d 22 (2002). Successfully defended television station against slander claims.
Ware v. Kowars, 2001 WL 58731 (Ohio App. 10 Dist. 2001). Successfully defended broker-dealer against claims under Blue Sky law and various common law theories relating to security sales.
State ex rel. Dispatch Printing Co. v. Louden, 91 Ohio St. 3d 61 (2001). Successful mandamus/writ of prohibition action against Delaware court judge who had excluded media from courtroom and courthouse.
State ex rel. Dispatch Printing Co. v. Long, 2000 WL 33226182 (4th Dist. 2000). Writ of prohibition action seeking court access.
FontBank, Inc. v. CompuServe Incorporated, 138 Ohio App. 3d 801, 742 N.E.2d 674 (Ohio App. 10 Dist. Aug. 3, 2000). Successfully defended against fraud and contract claims.
Rountree v. WBNS TV, Inc., 1999 WL 1054882 (Ohio App. 10 Dist. 1999). Successfully defended television station against slander claims.
Collins v. Voinovich, et al., 150 F.3d 575 (6th Cir. 1998). Successfully argued for affirmance of lower court’s dismissal of political discrimination claim.
Powell v. Squire, Sanders & Dempsey, et al., Sixth Circuit Court of Appeals, Case Nos. 98-3668; 98-3670. Successfully argued for affirmance of order imposing Rule 11 sanctions against attorney.
Myron N. Terlecky v. Dwight I. Hurd, et al., 133 F.3d 377 (6th Cir. 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, 107 F.3d 870 (6th Cir. 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, 28 F.3d 359 (6th Cir. 1997). Successfully argued for affirmance of lower court’s dismissal of political discrimination claim.
Eugene Flis v. George Voinovich, Governor of Ohio, et al., Case No. 96-4369, Sixth Circuit Court of Appeals. 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, 107 Ohio App. 3d 301, 668 N.E.2d 942 (Franklin Cty. Nov. 7, 1995). Enforceability of arbitration clause. Client prevailed.
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
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 - 2016
- 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