FI&C obtained a significant defense victory in an alleged consumer class action. Plaintiff brought a class action alleging claims for products liability, breach of warranty, negligence and the Ohio Consumer Sales Practices Act. Jeff Ireland, Brian Wright and Bruke Sullivan filed a motion to dismiss demonstrating that all of Plaintiff's claims were preempted by Ohio's Product Liability Act and that Plaintiff's claims should be dismissed for the failure to state a claim under the stricter requirements for pleadings recently announced by the United States Supreme Court. Judge Algenon Marbley of the United States District Court for the Southern District of Ohio (Eastern Division, Columbus) dismissed the case and granted judgment in favor of the defendants.
Jeff Ireland, Marty Foos and Erin Rhinehart negotiated settlement of a securities class action. FI&C represented officers of a publicly-owned company in southwestern Ohio who were accused of securities fraud. After five years of discovery, experts, motion practice and two lengthy mediation sessions, the case settled and a motion for preliminary approval will be presented to Judge Walter H. Rice of the United States District Court for the Southern District of Ohio, Western Division (Dayton) in the near future.
Eric Voigt's Article on Research Tips Will Be Republished by the American Bar Association. The Committee on Business Torts Litigation, Section of Litigation of the American Bar Association, has agreed to publish Eric Voigt's article on research tips in its quarterly newsletter, Business Torts Journal. The article, which was originally published in a different newsletter of the American Bar Association, discusses five tips that young attorneys should use when drafting persuasive pieces. Link...
Brian Wright was a presenter on a nationwide telephone conference seminar entitled "Social Networking and Web 2.0 Strategies for Trial Practitioners." The February 15, 2010 seminar was sponsored by the National Business Institute and simulcast nationwide by Peach New Media and West LegalEdcenter. The seminar focused on guiding practitioners through the rapidly growing use of social media by jurors and interested parties. Brian also led a discussion about the major developments in trial preparation and practice brought about by social networking sites and other web 2.0 activities.
On February 5, 2010, several area high school mock trial teams competed in the Robert N. Farquhar Montgomery County District High School Mock Trial Competition. One local team, the Dayton Early College Academy (DECA) Team Red, advanced to the regional competition by winning both district competition rounds. FI&C associates Cori Stirling, Trey Pauley and Jade Smarda are legal advisors for DECA Team Red.
