Jeff Ireland, along with Tim Pepper and Jacqueline Brown, was successful recently in enjoining an employment arbitration from proceeding, while the case is on appeal to the Sixth Circuit.
In an alleged class action for race and age discrimination for a publicly-held client, they were successful last summer in compelling arbitration of the alleged class action, rather than litigation in the United States District Court, based upon an arbitration provision in an employment agreement. Plaintiff's counsel sought simultaneously to appeal the decision compelling arbitration and to proceed with arbitration. When the appeal was filed, Jeff Ireland and our team of lawyers asked the District Court to enjoin any arbitration, pending the appeal. In a recent Order, the U.S. District Court granted the motion for a permanent injunction and held that irreparable harm due to the economic loss associated with litigating in multiple jurisdictions, as well as the public's interest in the efficient administration of justice, required an injunction.
Charlie Faruki spoke at a CLE seminar televised statewide from Columbus.
The seminar on Ethics and Professionalism was co-sponsored by The Ohio State Bar Association and The American College of Trial Lawyers. Charlie is a Fellow in the College, and the immediate past Chair for Ohio, of the College. In addition, Charlie spoke on the subject of trade secret protection and litigation, at a CLE seminar on IP topics, sponsored by the Dayton Bar Association. He also spoke at another CLE seminar sponsored by the Dayton Bar Association, with Magistrate Judge Michael R. Merz of the U.S. District Court for the Southern District of Ohio. Judge Merz and Charlie jointly presented a seminar on electronic discovery.
Brad Anderson recently argued and won a motion for summary judgment before the Cuyahoga County Court of Common Pleas on behalf of a former manufacturer of asbestos-containing products.
FI&C's client was sued by the survivors of a pipefitter who alleged that he had been exposed to our client's asbestos-containing products and that he had contracted and died from mesothelioma, a malignancy frequently caused by exposure to asbestos. Brad successfully argued that the plaintiffs had failed to prove actual exposure to our client's products and, in fact, were attempting to substitute a speculative theory of exposure for sworn testimony that pointed away from our client. Brad and Michele Murphy prepared our client's motion for summary judgment. Judge Leo Spellacy of the Cuyahoga County Court of Common Pleas granted summary judgment in favor of our client, avoiding the need for a costly trial or settlement of the case. FI&C serves as Ohio counsel and national coordinating counsel for our client for asbestos claims, developing and coordinating their defense strategies.
FI&C Associates Erin Rhinehart, Chad Burton, and John Fischer are again assisting the mock trial teams at Chaminade-Julienne High School.
This year marks the fourth year that FI&C associates have assisted CJ students by providing feedback on every aspect of the mock trial process, including presentation of the case, raising and responding to objections, and analyzing applicable caselaw. Organized by the Ohio Center for Law-Related Education, this year's case involves a simulated capital murder trial, requiring the students to argue for and against the application of the death penalty to individuals with psychiatric disorders. Students will prepare their cases for the District competition scheduled for February 2006.
On November 7, 2005, Michele Murphy was elected to a three-year term on the Clifton Town Meeting Board of Trustees.
Clifton Town Meeting is the community council recognized by the City of Cincinnati for Clifton, where Michele lives. Clifton is an historic neighborhood adjacent to the University of Cincinnati campus. Michele served two terms as a Clifton Town Meeting Trustee from 1995 to 2002.
