On May 19, 2000, Judge Dennis Langer in Montgomery County Common Pleas Court gave a victory to the firm's clients Dayton Superior Corporation and its directors when he sustained arguments made by FG&I in a publicized piece of shareholder litigation, Kadel v. Dayton Superior Corporation, et al. Plaintiff had filed a putative class action seeking to challenge a recapitalization merger involving Dayton Superior. The Court dismissed the class action complaint, ruling in summary that the named plaintiff and the purported class lacked standing to bring the action in their capacities as individual shareholders of Dayton Superior, a publicly-held corporation, under Ohio caselaw providing that a shareholder does not have an independent cause of action where there has been no showing that the shareholder has been injured in any capacity other than in common with other shareholders. The Court further agreed with the firm's arguments that the action should have been brought as a derivative action. Finally, the Court held that the amended complaint alleged a dispute over the value of the common shares of Dayton Superior Corporation, the exclusive remedy for which is an appraisal action under the Ohio statute. Finally, the court denied leave to file a second amended complaint. A copy of the opinion is available upon request.
On May 19, 2000, Jeff Ireland made a CLE presentation at the Ohio State Bar Association Annual Meeting in Toledo addressing current issues in antitrust law, including antitrust developments in health care, focusing primarily on hospital mergers, physician networks, staff privileges and vertical relationships among payors and physician groups. His presentation focused on his experience litigating a number of antitrust cases with a specific emphasis on health care. A member of the Board of Governors of the Antitrust Section of the Ohio State Bar Association, Jeff has represented clients in numerous cases relating to all aspects of trade regulation and competition, including the Sherman, Clayton and Robinson-Patman Acts and various state statutes.
FG&I participated in the May 10, 2000 Dayton, Inc. reception held at The Dayton Racquet Club. Attended by nearly 200 of the region's business leaders, the Dayton, Inc. reception was held by the Business News, the local business newspaper, to commemorate a compilation of feature stories and information about Dayton's publicly traded companies and many of its private companies. FG&I was one of the four co-sponsors of the event, and materials about our firm were available at the reception. If you would like a set of those materials, please e-mail Charlie Faruki at cfaruki@ficlaw.com.
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