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  Significant Trials and Cases
 

Civil Cases

Paulding County Bridge Collapse – Rick and Jessica represented one of the plaintiffs in a case involving a culvert bridge that collapsed without warning causing several drivers to drive into a 30 foot chasm with several deaths and serious injuries to others.  The problem was that the County had limited assets, the design firm for the bridge had very limited insurance and American Steel, which had manufactured the components used to put together the bridge, had significant defenses to any of the claims against it.  Ultimately the case went to the Court of Appeals twice before the matter was tried, and still stands for an important products liability principle.  In the end after a several week trial, Rick and Jessica were successful in obtaining a substantial award for their clients.

Wrongfully Terminated Physician – Rick was one of the lawyers representing a physician whose privileges to practice at his hospital were revoked.  Since he was a pathologist, it was essential that he have hospital privileges to practice his profession.  This case, too, was appealed to the Sixth Circuit Court of Appeals before trial and when it finally came on to be heard, Rick obtained a judgment of $1.5 million for the doctor. 

The E-Z Color Case – Rick represented a company which had sold its assets to another entity.  The purchaser was refusing to pay the final balance of claiming that the seller had misrepresented the quality of its products and how well they would work.  After trial and a jury verdict of $4.1 million, the case was settled for more than the balance due. 

Allegedly Defective Testing – Rick represented a testing laboratory in a multi-million dollar lawsuit involving a sewer project in the City of Oregon.  The sewer contractor had gone bankrupt during the project.  The bonding company had taken over the work, completing the project and then suing for damages contending that the testing company had been negligent in performing its work and that the contractor had been lulled into bidding assumptions that proved disastrous.  After a ten day trial, the jury returned a verdict in favor of his client. 

Right to Privacy – Rick represented three undercover police officers working in the City of Columbus in an action to avoid disclosure of their personnel files.  At the point he was hired, the City of Columbus was turning over to anyone who requested them the personnel files of its police officers believing this to be required under Ohio’s public record laws.  This information being disclosed included home addresses and phone numbers, as well as where their children went to school.  When their files wound up in the hands of criminal defendants in the largest narcotics case tried in Columbus, a suit was brought to stop this practice.  After losing in the trial court, Rick appealed the matter to the Sixth Circuit which ruled, for the first time, that there was a right of privacy that trumped the Public Records Act.  Subsequently the Ohio Supreme Court followed this decision and ultimately the Ohio legislature changed the Public Records Act to be consistent with this decision.

Criminal Cases

Defense of NAACP DirectorThe head of the local branch of the NAACP was indicted for theft.  It was contended that he had improperly diverted funds from the association for his own purposes.  After a week long trial, he was acquitted of the charges.

Hedge Fund Operator – Rick defended a financial advisor who was given $215 million from the Ohio Bureau of Workers Compensation to invest in his hedge fund.  He invested the money in an effort to protect the Fund against losses stemming from market fluctuations.  Unfortunately the market turned against him and almost the entire investment was wiped out.  The case was tried for a month before a jury returned a finding of guilty. That case is now on appeal. 

Wrongful Conviction Rick and Jessica undertook the representation of a man convicted of shooting a Toledo Policeman during a robbery at a fast food restaurant.   He had been in prison for seven years when the case came to them. His post-conviction proceeding was fought through the trial court and the Court of Appeals which reversed the conviction and ordered their client’s release after 8-1/2 years in prison.

Ku Klux Klansman In 1986, Rick was asked by the NAACP Legal Defense Fund to undertake the representation of a Ku Klux Klansman in Alabama who had been convicted of hanging a young black man.  The Klansman had been convicted sentenced to death.  Rick became involved in the post-conviction proceedings.  For 11 years, Rick battled on his behalf, only to have the conviction affirmed.  He watched his client die in Alabama’s electric chair on June 7, 1997.

Habeas Relief Rick was appointed to represent a Toledoan convicted of the murder of two women.  He was on Death Row when Rick began his work.  Rick convinced the federal district court that errors had been made and writ of habeas corpus issued declaring that his client should be retried or released.  The case was appealed to the Sixth Circuit and a three judge panel affirmed that decision.  A petition asking all the judges of the Sixth Circuit to hear the case was filed by the State and that motion is pending at this time.

 
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