Mike has successfully represented the following:
- The plaintiff in a complex dispute to recover millions of dollars in damages it incurred as a result of incorporating a defective part into medical oxygen regulators it manufactured. Obtained a favorable settlement before trial.
- The prevailing defendant – a biopharmaceutical company – in a pricing dispute arising from a blood plasma supply agreement with the plaintiff-blood center. Successfully defended the client after coming in as new counsel only a month before trial. Achieved a partial directed verdict on one count and a full defense verdict on the remaining claims. Defense verdict affirmed in the Florida Court of Appeals. Click here to see video of Mike’s oral argument in the Second District Court of Appeals, Florida.
- A company seeking judicial confirmation of a significant arbitration award. Mike presented oral argument regarding the interpretation of key provisions of the Ohio Arbitration Act, R.C. 2711.09 (confirmation of arbitration award) and 2711.13 (vacate, modify, or correct award). Click here to see a video of the argument.
- The prevailing party in a groundbreaking Ohio Supreme Court decision interpreting and applying Ohio’s advancement statute, where the court clarified the scope of protections afforded to corporate directors under Ohio law. Click here to see video of Mike’s Supreme Court oral argument. Miller v. Miller, 132 Ohio St.3d 424, 2012-Ohio-2928.
- The prevailing party – a large national bank in an important preemption case – before the 6th Circuit. Chase Bank USA, N.A. v. Cleveland, 695 F.3d 548 (6th Cir. 2012).
- The prevailing defendants in a 10b-5 “material omissions” case. Summary judgment was granted by the Federal Court and affirmed on appeal by the 6th Circuit. Filing v. Phipps 2012 WL 5200375 C.A.6 (Ohio), 2012.
- A large securities firm and its financial consultant accused of causing significant monetary harm to a former customer who was the winner of the $102 million Indiana lottery. All claims were dismissed by a FINRA arbitration panel following a lengthy hearing. Roberta Eaton, Individually and as Trustee of the Rondal Eaton Trust vs. Chase Investment Services Corp. and Jeffrey L. Roache,FINRA Arbitration No. 11-01585.
- A national retailer in a consumer class action alleging statutory and common-law claims; trial court dismissed case on early dispositive motion, court of appeals affirmed dismissal, discretionary appeal denied by Supreme Court of Ohio. Grey v. Walgreen Co., 131 Ohio St.3d 1553, 967 N.E.2d 764, 2012-Ohio-2263 (Ohio May 23, 2012) (Table, NO. 2012-0341)
- A large national bank in a purported class action alleging violations of the Electronic Funds Transfer Act (EFTA). All claims were dismissed at summary judgment stage by district court and affirmed by Sixth Circuit Court of Appeals.
- A major law firm accused by a court-appointed receiver of malpractice in connection with a $65 million Ponzi scheme (all claims dismissed at summary judgment stage).
- A large investment bank in a one-week arbitration involving claims against it arising out of a “busted deal” concerning a large power generation facility in Anchorage, Alaska. All claims determined in client’s favor.
- A major law firm accused of malpractice by a real estate developer client. After trial, judgment was rendered in favor of law firm client on all claims.
- A large publicly traded company and its directors defending against claims alleging fraud/misrepresentation/breach of fiduciary duty filed by the company’s largest shareholder (all claims against our clients were dismissed).
- A large national bank and its executives accused of causing over $40 million in damages to a major customer based on alleged violations of various federal securities laws and lending laws (State court in Seattle dismissed all claims).
- A publicly traded bank and its officers and directors in shareholder derivative claims arising out of a contemplated merger transaction (all claims against our clients were dismissed).
- A national securities firm in defense of claims brought by the trustee of a large trust seeking damages in excess of $20 million. All claims against our clients were dismissed, and after a successful appeal, we recovered all of our clients’ attorneys’ fees against the Plaintiff. Hollern v. Wachovia Securities, Inc., 2006 U.S. App. LEXIS 20995 (10th Aug. 16, 2006).
- A large bank and its broker-dealer in multimillion dollar claims arising out of highly publicized criminal misconduct by a senior executive (all claims against our client were dismissed).
- A national securities broker-dealer in defense of a lawsuit brought by an Ohio county in an attempt to recover $115 million in investment losses sustained by large pooled public investment fund.
- Major national and international companies in numerous cases involving trade secrets, non-competition/non-solicitation, inevitable disclosure, raiding, and unfair competition issues.
- A national banking institution, accused of breach of fiduciary duty under ERISA for failing to timely invest participants’ contributions to the pension and profit sharing plan of a major insurance company.
- A regional discount brokerage firm in its defense against significant order execution claims involving “when issued” securities (favorable jury verdict).
- A national broker-dealer, accused in a nationwide class action complaint of misleading investors in limited partnerships (obtained dismissal of all claims, affirmed on appeal).
- A national securities firm and its broker accused of churning, switching between mutual funds, and recommending unsuitable investments (obtained dismissal of both clients after NASD Arbitration hearing).
- An Ohio manufacturer of environmental testing equipment for multimillion dollar losses resulting from breach of a multi-stage requirements contract.
- A national securities firm, accused in a nationwide class action complaint of failing to pay interest to commodities customers (obtained dismissal by federal court; dismissal affirmed by Sixth Circuit Court of Appeals).
- A public company in its defense against shareholder claims alleging violations of Section 10(b) of the Exchange Act and Rule 10b-5, fraud and conspiracy claims.
- A public company in an action against a major competitor for misappropriation of trade secrets involving manufacturing processes in the commercial lighting industry (obtained injunctive relief and favorable settlement).
- A national broker-dealer in its defense against ERISA-based breach of fiduciary duty claims and claims of unsuitability, churning, and common law fraud for alleged losses to a pension and profit sharing plan.
- A public company and its recently hired senior executive accused by a competitor of inevitable disclosure of trade secrets.
REPORTED CASES
- BST Ohio Corp. v. Wolgang, Slip Opinion No. 2021-Ohio-1785
- Silver Foam Distributing Co. v. Labatt Brewing Trading Company, Ltd., Case No. 2:20-cv-10681 (E.D. Mich.)
- Big City Small World Bakery Café, LLC v. Francis David Corporation, 265 F.Supp.3d 750, 2017 WL 2954694 (N.D. OH 2017)
- U.S. S.E.C. v. Geswein, 2 F.Supp.3d 1074, (N.D. OH 2014)
- B & G Properties Ltd. Partnership v. Office Max., Inc., 3 N.E.3d 774, 2013 WL 6221372 (E.D. MI 2013)
- Chase Bank USA, N.A. v. Cleveland, 10-4115, 4116, 2012 WL 4372550 (6thCir.)
- Miller v. Miller, 132 Ohio St.3d 424, 2012-Ohio-2928.
- Grey v. Walgreen Company, 2011-Ohio-6167 (8th Dist.), discretionary appeal denied, 131 Ohio St.3d 1553, 967 N.E.2d 764, 2012-Ohio-2263 (Ohio May 23, 2012) (Table, NO. 2012-0341)
- Louisiana Mun. Police Employees Retirement System v. KPMG LLP, 822 F.Supp.2d 711, 2011 WL 4629299 (N.D. OH 2011)
- Maestle v. Best Buy Co., 197 Ohio App.3d 248, 2011 WL 5507376 (8th Dist.)
- City of Cleveland v. Ameriquest Mortgage Securities, et al., 2010 U.S. App. LEXIS 15305; 2010 FED App. 0222p (6th 2010)
- Havensure, L.L.C. v. Prudential Insurance Company of America, 595 F.3d 312 (6th 2010)
- City of Cleveland v. Ameriquest Mortgage Securities, et al., 621 F. Supp. 2d 513, 2009 U.S. Dist. LEXIS 41303 (N.D. Ohio, 2009)
- Monroe Retail, Inc. v. Charter One Bank, N.A., 624 F. Supp. 2d 677, 2007 U.S. Dist. LEXIS 68971 (6th Ohio 2009)
- Sollitt v. KeyCorp,2009 U.S. Dist. LEXIS 74217 (N.D, Ohio August 21, 2009)
- Ferro Corp. v. Cookson Group, 561 F. Supp. 2d 888, U.S. Dist. LEXIS 75579 (N.D. Ohio 2008)
- Burns v. Prudential Sec., 116 F. Supp. 2d 917, 2000 U.S. Dist. LEXIS 13204 (2008)
- Fornshell v. Roetzel & Andress, L.P.A., 2009 Ohio 2728, 2009 Ohio App. LEXIS 2265 (Ohio Ct. App., Cuyahoga County June 11, 2009)
- Monroe Retail, Inc. v. RBS Citizens, N.A., f/k/a Charter One Bank, N.A., 09a0422p.06; 2009 U.S. App. LEXIS 27092; 2009 FED. App. 0422P (6th)
- Novelis Corp. v. Anheuser-Busch, Inc., 559 F. Supp. 2d 877; 2008 U.S. Dist. LEXIS 49201 (2008)
- Clemmer v. KeyBank, 539 F. 3d 349, 2008 U.S. App. LEXIS 18010, 2008 FED App. 309P (6th 2008)
- City of Cleveland v. Deutsche Bank Trust Co., 571 F. Supp. 2d 807, 2008 U.S. Dist. LEXIS 64445 (2008)
- Lopardo v. Lehman Bros., Inc., 548 F. Supp. 2d 450, 2008 U.S. Dist. LEXIS 17377 (N.D. Ohio 2008)
- In re Arter & Hadden, LLP, 373 B.R. 31, 2007 Bankr. LEXIS 2669 (2007)
- Burns v. Prudential Secs., Inc., 450 F. Supp. 2d 808, 2006 U.S. Dist. LEXIS 46329 (N.D. Ohio 2006)
- Burns v. Prudential Secs., Inc., 167 Ohio App. 3d 809, 2006 Ohio 3550, 857 N.E.2d 621, 2006 Ohio App.
LEXIS 3500 (Marion County 2006)
- Hollern v. Wachovia Secs., Inc., 458 F.3d 1169, 2006 U.S. App. LEXIS 20995 (10th Cir. Colo. 2006)
- Gertz v. JVC Americas Corp., 339 B.R. 454, 2006 Bankr. LEXIS 320 (2006)
- Gertz v. Echo Rock Ventures, LLC, 339 B.R. 445, 2006 Bankr. LEXIS 333 (2006)
- Reinglass v. Morgan Stanley Dean Witter, 2006 Ohio 1542, 2006 Ohio App. LEXIS 1417 (Ohio Ct. App., Cuyahoga County 2006)
- In re Arter & Hadden, L.L.P., 335 B.R. 666, 2005 Bankr. LEXIS 2572 (Bankr. N.D. Ohio 2005)
- Patnik v. Citicorp Bank Trust FSB, 412 F. Supp. 2d 753, 2005 U.S. Dist. LEXIS 26052 (2005)
- Dubin v. Sec. Union Title Ins. Co., 832 N.E. 2d 815, 2005 Ohio App. LEXIS 3233 (2005)
- State ex rel. Residents’ Initiative Voting Alliance v. Cuyahoga County Bd. of Elections, 841 N.E. 2d 753,
2005 Ohio LEXIS 2367 (2005)
- Wachovia Secs., Inc. v. Gangale, 125 Fed. Appx. 671, 2005 U.S. App. LEXIS 4460 (6th Cir. Ohio 2005)
- Stambaugh v. Corrpro Cos., 116 Fed. Appx. 592, 2004 U.S. App. LEXIS 24103 (6th Cir. Ohio 2004)
- Loughridge v. Goodyear Tire and Rubber Co., 281 F.Supp.2d 1252, 2003 WL 22077581 (D. CO 2003)
- Fazio v. Lehman Bros., Inc., 340 F.3d 386, 2003 U.S. App. LEXIS 16588, 2003 FED App. 284P (6th Cir.) (6th Cir. Ohio 2003)
- Javitch v. First Union Sec., Inc., 315 F.3d 619, 2003 U.S. App. LEXIS 304, 2003 FED App. 11P (6th Cir. Ohio 2003)
- Fazio v. Lehman Bros., 268 F. Supp. 2d 865, 2005 U.S. Dist. LEXIS 15174 (6th Ohio 2003)
- Stickler v. KeyCorp, 2003 Ohio 283, 2003 Ohio App. LEXIS 264 (Ohio Ct. App., Cuyahoga County 2003)
- Boedeker v. Rogers, 136 Ohio App. 3d 425, 736 N.E.2d 955, 1999 Ohio App. LEXIS 6056 (Ohio Ct. App., Cuyahoga County 1999)
- Gobble v. Hellman, 2002 U.S. Dist. LEXIS 26833 (N.D. Ohio Mar. 26, 2002)
- Loughridge v. Goodyear Tire and Rubber Co., 207 F.Supp.2d 1187, 2002 WL 485175 (D. CO 2002)
- Prudential Sec., Inc. v. Yingling, 226 F.3d 668, 2000 U.S. App. LEXIS 22769, 47 Fed. R. Serv. 3d (Callaghan) 814, 2000 FED App. 311P (6th Cir. Ohio 2000)
- Lynch v. Dean Witter Reynolds, Inc., 134 Ohio App. 3d 668, 731 N.E.2d 1205, 1999 Ohio App. LEXIS 4189 (Montgomery County 1999)
- Plating Resources, Inc. v. UTI Corp., 47 F. Supp. 2d 899, 1999 U.S. Dist. LEXIS 6352 (N.D. Ohio 1999)
- Adams v. Dean Witter Reynolds, Inc., 1999 Ohio App. LEXIS 2778 (Ohio Ct. App., Cuyahoga County June 17, 1999)
- Allstate Financial Corp. v. Professional Housewares Distributors, Inc., 999 F.Supp. 1049, 1998 WL 166613 (N.D. OH 1998)
- Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 1998 U.S. App. LEXIS 17757, 36 U.C.C. Rep. Serv. 2d (Callaghan) 931, 1998 FED App. 240P (6th Cir. Ohio 1998)
- Brown v. Blue Cross and Blue Shield of Michigan, Inc., 167 F.R.D. 40, 1996 WL 252267 (E.D. MI 1996)
- GMI Holdings. v. Stanley Door Sys., 943 F. Supp. 1420, 1996 U.S. Dist. LEXIS 16562 (1996)
- Young v. Equitec Real Estate Investors Fund, 3d 136, 652 N.E. 2d 234, 1994 Ohio App. LEXIS 5770 (1995)
- In re Outdoor Sports Headquarters, 168 B.R. 177, 1994 Bankr. LEXIS 812, 25 Bankr. Ct. Dec. (CRR) 1137, Bankr. L. Rep. (CCH) P 75992 (Bankr. S.D. Ohio 1994)
- Arnold v. City of Cleveland, 67 Ohio St. 3d 35, 616 N.E.2d 163, 1993 Ohio LEXIS 1608 (1993)
- Baines v. Harwood, 87 Ohio App. 3d 345, 622 N.E.2d 372, 1993 Ohio App. LEXIS 2247 (Ohio Ct. App., Clinton County 1993)
- Rosen v. Brown, 970 F.2d 169, 1992 U.S. App. LEXIS 16609 (1992)
- Baltimore & O. R. Co. v. Mobile Tank Car Services, 673 F. Supp. 1436, 1987 U.S. Dist. LEXIS 10993 (1987)