JULY NEWSLETTER
Charlie Faruki has been chosen to serve as the State Chair for Ohio of the American College of Trial Lawyers for the 2004-2005 biennium. Election to the ACTL is the pre-eminent professional recognition among North America's top trial counsel. Founded in 1950, the ACTL has approximately 5,200 members throughout the United States and Canada, with only 181 members in Ohio. Charlie was invited to join the College, and became a Fellow in the ACTL in 1991.
Ohio's Second District Court of Appeals recently affirmed a decision by the Montgomery County Common Pleas Court dismissing a lawsuit brought against FI&C's client, a prominent physician, challenging adverse expert testimony given by the physician in an earlier wrongful death action. Reiterating the sanctity of Ohio's witness immunity doctrine, the Court of Appeals rejected appellant's arguments asking the Court to recognize a civil action for perjury in Ohio, and to extend the tort of intentional spoliation of evidence beyond physical evidence to testimonial evidence. FI&C attorneys Charlie Faruki, Jeff Cox and Melinda Burton represent the successful defendant/appellee; Jeff Cox argued the case to the Court of Appeals.
In his first patent infringement case, United States District Judge Thomas Rose of the Southern District of Ohio recently issued a claim construction ruling adopting in large measure the position advocated by FI&C attorneys Charlie Faruki, Tom Kraemer and Don Burton at the May 6, 2003 "Markman" hearing. FI&C represents a worldwide consumer products company in the patent infringement dispute with one of its competitors in the feminine care marketplace. Now that the Court has construed the patent claims, the case is expected to go to trial this fall.
Jeff Ireland gave a CLE presentation in June in Columbus at the Ohio State Bar Association's Conference for New Lawyers. A frequent CLE presenter, Jeff spoke on how to develop the skills necessary to effectively prepare and try cases. He also spoke on aspects of professional management and case planning.
Mary Wiseman and Charlie Faruki were featured speakers at the 2003 Ohio State Bar Association Convention held in Dayton in early May. Mary and Charlie spoke on antitrust compliance issues, focusing on the discovery of electronic and computerized information, and spoliation of evidence.
FI&C is pleased to welcome three attorneys recently associating with the firm. Keith O'Korn begins his tenure with FI&C in August, following his clerkship with U.S. Magistrate Judge George Limbert of the United States District Court for the Northern District of Ohio. Prior to his clerkship, Keith spent three years as a litigation associate in a large law firm. He is a member of the Ohio Bar, and a 1991 summa cum laude graduate of Miami University's University Honors Program. Keith is a 1998 honors graduate of The Ohio State University College of Law.
Joining the firm on a part-time basis in August is John Stinneford. John comes to Dayton from Chicago, where he is completing a term as an Assistant United States Attorney for the Northern District of Illinois. Prior to his tenure as an AUSA, John taught from 2000-2002 at the University of Chicago Law School and was an associate in the complex litigation group at Winston & Strawn from 1997-2000. John clerked for United States District Judge James Moran from the Northern District of Illinois in 1996-1997. John is a 1990 graduate (with highest distinction) from the University of Virginia, and holds a Master's degree in English Literature, earned in 1992 from Harvard's Graduate School of Arts and Sciences. John is a 1996 cum laude graduate of Harvard Law School, where he was Executive Editor of the Harvard Journal of Law and Public Policy. When not working on FI&C
projects, John will be teaching in the Legal Professions Program at the University of Dayton School of Law.
Shawn Kelly recently relocated to Dayton from New York City, where he worked as a civil defense litigator. Shawn is working with FI&C while preparing to take the Ohio Bar Examination. A member of the New York and Pennsylvania Bars, Shawn is a magna cum laude graduate of Kings College and a 1999 graduate of Tulane Law School.