Jeffrey S. Sharkey

Faruki+ works on complex business disputes, and Jeff is able to quickly and easily understand the nature of the transactions at issue, the financial documents in the case. He is also skilled at developing and critiquing damages theories and working with economic experts.

Representative Matters Include:

• Rupp v. Premier Health, Case No. 2018-CV-01916 (Mont. Co. Common Pleas Ct., Ohio) (defended Premier Health in class action related to balance billing)
• McCain v. Lewis, et al., Case No. 1:14-cv-00791 (S.D. Ohio) (drafted opposition to motion for summary judgment in antitrust case)
• In the Matter of the Application of The Dayton Power and Light Company to Increase Its Rates for Electric Distribution, Case No. 15-1830-EL-AIR (PUCO) (secured PUCO approval of a $60 million rate increase)
• In the Matter of the Application of The Dayton Power and Light Company for Approval of Its Electric Security Plan, Case No. 16-0395-EL-SSO (PUCO) (secured PUCO approval of $105 million economic stability charge)
• In the Matter of the Application of The Dayton Power and Light Company for Approval of Its Electric Security Plan, Case No. 17-0241 (Supreme Ct. of Ohio) (obtained dismissal of appeal from PUCO-approved plans)
• Momar, Incorporated v. Lonnie Ridenbaugh, Case No. 18CI0066 (Coshocton Cty. Common Pleas Ct., Ohio) (represented employer in covenant not to compete case)
• John R. Mirlisena, Jr., et al. v. Nirav Babu, et al., Case No. 1:15-cv-0058 (S.D. Ohio) (negotiated settlement in a fraudulent conveyance case)
• AK Steel Corporation v. Arcelormittal USA LLC, et al., Case No. CV 2015 07 1543 (Butler Cty. Common Pleas Ct., Ohio) (represented employee in covenant not to compete case)
• In the Matter of the Application of The Dayton Power and Light Company for Authority to Recover Certain Storm-Related Service Restoration Costs, Case No. 12-3062-EL-RDR (PUCO) (PUCO permitted utility client to recover $22.3 million in storm costs)
• In the Matter of the Application of The Dayton Power and Light Company for Approval of its Electric Security Plan, Case No. 12-426-EL-SSO (PUCO) (PUCO approved a $110 million annual charge for utility client)
• Antioch Litigation Trust, W. Timothy Miller, Trustee v. McDermott Will & Emery LLP, Case No. 3:09-cv-218 (S.D. Ohio) (obtained summary judgment in a legal malpractice case in which the plaintiff sought damages of over $80 million)
• Hartford Life and Accident Insurance Company v. Alice Jane Dillabaugh, et al., Case
  No. 3:09-cv-293 (S.D. Ohio) (obtained summary judgment on claims for bad faith and for punitive damages)
• Barco, Inc. v. Q4 Services LLC, Case No. 3:09cv157 (S.D. Ohio) (In an intellectual property case, the plaintiff sought an injunction barring Faruki’s client from selling certain equipment.  The court denied plaintiff’s request for an injunction, and granted an injunction to Faruki’s client)
• INSIDETX, INC., et al. v. Scout Media, Inc., et al., Case No. C07-0737 RSM (W.D. Wash.) (represented 335 businesses for claims under publishing contracts; the businesses received an average payment of approximately $10,000)
• Lee E. Burcham, Roger and Jean Walstra, Joe and Deanna Stebbins, and Bill and Velma Manns v. Barbara E. Snook, Administrator of the Estate of Roy G. Dillabaugh, et al., Case No. 3:08-cv-289 (S.D. Ohio) (won a motion to dismiss for a class action complaint)
• Swint v. Dayton Newspapers, Inc., et al., Case No. 2008-CV-5372 (Montgomery Cty. Common Pleas Ct., Ohio) (obtained summary judgment in a defamation case)
• City of Englewood, Ohio v. Miami Valley Lighting, LLC, d/b/a DPL Energy, Case No. 22965 (Second Appellate District, Montgomery Cty., Ohio) (won an eminent domain case after a three-day evidentiary hearing)
• Scaccia, et al. v. Dayton Newspapers, Inc., et al., Case No. 1999 CV 03976 (Montgomery Cty. Common Pleas Ct., Ohio) and Case No. 22813 (Second Appellate District, Montgomery Cty., Ohio) (obtained summary judgment in a defamation case; affirmed on appeal)
• Sonja Klimp v. Swoozie’s, Inc., Case No. CV 07-6655 (C.D. Cal.) (successfully opposed a motion for class certification)
• Ohio Consumers’ Counsel v. Public Utilities Commission of Ohio, 114 Ohio St.3d 340, 2007-Ohio-4276 (Supreme Court of Ohio affirmed the PUCO’s approval of a $76 million stability charge for utility client)
• Ohio Consumers’ Counsel v. Public Utilities Commission of Ohio, 110 Ohio St.3d 394, 2006-Ohio-4706 (Supreme Court of Ohio affirmed recovery of an $18.8 million investment in a billing system)
• Constellation NewEnergy, Inc. v. Public Utilities Commission of Ohio, 104 Ohio St.3d 530, 2004-Ohio-6767 (Supreme Court of Ohio affirmed approval of a rate plan)
• The Iams Company v. Nutro Products, Inc., Case No. 3:00-cv-566 (S.D. Ohio) (drafted brief that led to summary judgment of false advertising claims)
• United States of America v. Harold Shane, et al., Case No. C-3-89-383 (S.D. Ohio) (secured approval of an environmental settlement)

Get in Touch

Jeffrey S. Sharkey
Partner

(937) 227-3747

110 N. Main St., Suite 1600
Dayton, OH 45402

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