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Representative Experience
- Judicial Staff Attorney to Judge Stuart A. Friedman, February 1999-April 2000.
- Business litigation and public law practice focusing on representation in complex and class action litigation, administrative proceedings, and alternative dispute resolution for commercial, product liability, and public law matters, including the areas of: business torts, contracts, corporate governance, securities and finance, real estate, product liability, telecommunications, and school law.
- Representation of financial institutions in cases involving, among other claims, RICO, Ohio Corrupt Activities Act, and conspiracy claims stemming from institutions’ handling of escrow accounts used in a ponzi scheme; obtaining dismissal of RICO and Ohio Corrupt Activities Act claims (Wuliger v. Keybank National Association, Case No. 3:02 CV 2160 , United States District Court for the Northern District of Ohio, Western Division, 2006 U.S. Dist. LEXIS 315 (January 6, 2006) & Wuliger v. Liberty Bank, N.A., Case No. 3:02 CV 1378 , United States District Court for the Northern District of Ohio, Western Division, 2006 U.S. Dist. LEXIS 325 (January 6, 2006)).
- Representation of financial institutions in matter brought against the Office of the Comptroller of the Currency seeking Suspicious Activity Reports (“SARs”) and SARs-related documents (i.e., those documents which could reveal that a SAR was suspected or reported), in which the trial court ultimately determined that the plaintiff was prohibited from obtaining SARs and SARs-related documents pursuant to federal laws and regulations. (Wuliger v. Office of the Comptroller of Currency, 394 F. Supp. 2d 1009, (N.D. Ohio, 2005) & Wuliger v. Office of the Comptroller of the Currency, Case No. 3:05 CV 108, United States District Court for the Northern District of Ohio, Western Division, 2005 U.S. Dist. LEXIS 21609 (September 29, 2005)).
- Representation of multiple, related financial institutions (including broker-dealer, trust bank, credit card company, and mortgage company) in case involving claims under RICO, federal securities laws, truth in lending, and claims for mail fraud, larceny by trick, breach of fiduciary duty, conversion, embezzlement, and breach of contract and had all claims against all parties (including third-party beneficiaries to arbitration clauses) stayed pending arbitration of claims against broker-dealer. (Patnik v. Citicorp Bank Trust FSB, 412 F. Supp. 2d 753 (N.D. Ohio, 2005)).
- Representation of inmate before the Sixth Circuit in a case involving a first-degree murder conviction garnered through the use of co-defendant’s written confession despite the fact that the inmate was unable to cross-examine him. The Sixth Circuit determined the trial court’s error violated the Confrontation Clause of the Constitution and was not harmless requiring a new trial. (Scott v. Gundy, 100 Fed. Appx. 476; 2004 U.S. App. LEXIS 11550 (6th Cir., 2004) certiorari denied by Gundy v. Scott, 2005 U.S. LEXIS 642.)
- Representation of Buyer and Seller before the Ohio Supreme Court and Ohio Board of Tax Appeals (“BTA”) in case centered around a sale-leaseback transaction; successfully arguing to the BTA that the sale-leaseback sale price was not fair market value for real estate tax purposes. (Strongsville Board of Education, and City of Strongsville vs. Cuyahoga County Board of Revision, Cuyahoga County Auditor, Ceres Group, Royalton Investors, LLC, and Big T Investments, LLC., 112 Ohio St. 3d 309 (2006); underlying BTA case 2005 Ohio Tax LEXIS 1021,Ohio BTA)).
- Representation of amici power companies before the Ohio Supreme Court in appeal of decisions finding utility pole owners liable to motorists who struck utility poles. Advanced argument that utility pole owners should owe no duty to motorists if poles were properly placed in public rights-of-way pursuant to government permits. (Turner v. Ohio Bell Telephone Company, Ohio Supreme Court Case No., 2007-0035; 2007-0112)
- Representation of school districts and public and private corporations before the Cuyahoga, Lake, and Summit County Boards of Revision, the Ohio Board of Tax Appeals, Common Pleas Court, and the Ohio Supreme Court in tax valuation complaints and appeals for property values ranging from $100,000 to $75,000,000.
- Representation of telecommunication corporations in breach of contract actions and breach of telecommunication tariff actions before federal and state courts and Ohio Public Utilities Commission.
- Representation of individuals and financial institutions in NASD arbitrations.
- Representation of a corporate trustee in breach of fiduciary duty and Ohio Prudent Investor Act actions.
- Representation of financial institutions in cases involving allegations of predatory lending practices and violation of federal and state truth-in-lending statutes, consumer protection statutes, fraud, and racketeering.
- Representation of financial institutions in class actions involving alleged fraud and consumer law violations.
- Representation of a bank director in private and regulatory director liability actions before federal courts, state courts, and administrative proceedings before the Office of the Comptroller of the Currency.
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