John is an experienced trial lawyer who has represented clients in high-stakes, complex disputes throughout the world. He has secured trial wins for public and private company clients against America’s top trial lawyers in jurisdictions around the country. But he also has frequently initiated innovative legal strategies that have led to early pre-trial exits for...
clients at the motion to dismiss or summary judgment stages of litigation, resulting in savings of millions of dollars in litigation expenses and verdicts.
John’s experience includes delivering creative resolutions to complex disputes, including large-scale business solutions, protective court-approved class action settlements, and global resolution of all or major parts of multidistrict litigation. John on multiple occasions has defended against challenges to class settlements by objectors claiming the settlements were too favorable to clients, including the U.S. Department of Justice and state attorneys general.
Clients engage John on both plaintiff-side and defense-side matters. On the defense side, he often heads up trial teams and national coordinating counsel representations in product liability, class action, and contract-related lawsuits, including those involving FDA-regulated devices and medicines, consumer products, recurring contract and property-related claims, and environmental and toxic tort actions. He also leads defense-side legal teams in one-off sophisticated commercial disputes, including transaction-related shareholder derivative and class actions, employment litigation related to non-compete and trade secret matters, professional liability and ethics-related claims, and complex supply and distribution agreement disputes.
On the plaintiff side, John has represented clients and their legal departments in various types of contract and business tort matters, including joint venture, LLC and corporate governance disputes, post-closing disputes involving commercial transactions, pre-closing private equity and sophisticated shareholder class actions, professional negligence claims, trade secret and intellectual property litigation, and vendor and customer supply disputes.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
- Secured trial wins for public and private company clients in California, Florida, Delaware, Ohio, Georgia, New Jersey, and Mississippi
- Resolved complex disputes including large-scale business solutions, protective court-approved class action settlements, and global resolution of multidistrict litigation
- Has represented clients in both plaintiff-side and defense-side matters
- Successfully defended challenges to class settlements by objectors including the U.S. Department of Justice and state attorneys general
- Led trial teams and national coordinating counsel representations in products liability, class action, and contract-related lawsuits, including those involving FDA-regulated devices and medicines, consumer products, recurring contract and property-related claims, and environmental and toxic tort actions
- Led defense-side legal teams in commercial disputes, including transaction-related shareholder derivative and class actions, employment litigation related to non-compete and trade secret matters, professional liability and ethics-related claims, and complex supply and distribution agreement disputes
- On the plaintiff side, secured millions of dollars for clients and their legal departments in contract and business tort matters, including joint venture, LLC and corporate governance disputes, post-closing disputes involving commercial transactions, pre-closing private equity and sophisticated shareholder class actions, professional negligence claims, trade secret and intellectual property litigation, and vendor and customer supply disputes
- Spearheaded legal strategies that led to early pre-trial exits for clients at the motion to dismiss and summary judgment stages of litigation
Class action defense litigation
- Served as lead trial and coordinating counsel representing academic institutions in multiple federal class action lawsuits filed and pending in multidistrict litigation proceeding asserting that student-athletes suffered harm from sports-related concussion injuries
- Hired as trial counsel after federal court certified multi-state class for trial in case involving allegedly defective pressure cookers. After obtaining several favorable pretrial rulings and after one day of trial including cross examination of plaintiffs’ key expert, parties negotiated court-approved nationwide settlement involving all pressure cooker brands. Successfully defended challenge by U.S. Department of Justice and several state attorneys general that settlement was unfair to the class members. Court of appeals affirmed final approval order
- Served as lead trial and coordinating counsel in multiple federal class action lawsuits brought by individuals and municipalities against several flushable wipe manufacturers and distributors. Obtained multiple, pre-certification partial and complete dismissals and, in another case, after undercutting plaintiff’s class-wide damage theory, negotiated favorable court-approved settlement
- Served as lead trial counsel to law firm in federal court class action seeking to hold law firm liable under various theories for failed investments in oil and gas industry. Obtained complete dismissal of all claims pre-certification and negotiated favorable court-approved settlement with no objectors barring any future potential claims
- Served as lead trial counsel to cosmetic wipes distributor in federal court class action involving challenge to products labeling. Obtained complete merits dismissal of all claims prior to class certification
- Served as lead trial counsel to consumer products manufacturer in class action brought by individual related to “natural” claims. Obtained nuisance resolution prior to protracted litigation
- Served as lead trial counsel to national food and animal products manufacturer in federal court class action related to animal products lawsuit brought by individual. After taking deposition of plaintiff and key expert, obtained summary judgment on all claims in the complaint. Affirmed on appeal
- Served as lead counsel defending Ohio public company and board members in transaction-related shareholder federal class action lawsuit brought by national shareholder plaintiff firm. Defeated claims for injunctive relief and obtained complete dismissal of lawsuit, preserving closing date without delay or extension. Court decision ruled favorably for client in case of first impression relating to so-called “don’t ask, don’t waive” provisions in purchase agreement
- Served as lead counsel to heating and air conditioning unit manufacturer in federal court consumer class action involving air-conditioning unit design. Obtained complete dismissal of lawsuit prior to discovery and class certification
- Served as co-lead counsel defending Ohio public company against fiduciary duty class action claims brought against directors in connection with unsolicited proposal by third party. Obtained complete dismissal of lawsuit
- Served as lead or co-lead regional counsel to international automotive manufacturer in series of class action employment and discrimination lawsuits, obtaining seven pre-trial wins (with no defeats), including Sixth Circuit precedent-setting decisions relating to reverse discrimination claims
- Served as key member of team defending international tire manufacturer against hundreds of consumer class actions involving alleged tire failures and SUV rollover accidents
Commercial asset recovery and plaintiff-side litigation
- Served as lead trial counsel for international building materials supplier in plaintiff-side post-transaction dispute involving claims of fraud and breach of representations. After defeating motion to dismiss, successfully negotiated favorable settlement on behalf of plaintiff client
- Served as lead trial counsel representing an international steel supplier pursuing claims for breach of contract in dispute with scrap supplier under incentive-based alternative fee arrangement. After one-week trial, obtained complete jury verdict for entire amount requested ($1 million+), plus interest, after less than two hours of deliberation. Verdict affirmed on appeal
- Served as lead trial counsel representing an international auto parts supplier asserting breach of contract and seeking specific performance under ESOP-related purchase agreements against private shareholders and asserting legal malpractice claims against former attorneys under incentive-based alternative fee arrangement. After negotiating successful resolution of shareholder claims, obtained favorable settlement on eve of trial for entire amount demanded in malpractice action
- Served as lead counsel representing a private equity firm in multiple post-transaction disputes under Delaware law involving commercial fraud, breach of contract, and rights to post-closing escrow funds. Recovered millions of dollars in pre-trial settlements for each matter utilizing incentive-based alternative fee arrangements
- Served as co-lead counsel before Delaware Chancery Court representing an international pharmaceutical manufacturer in contract reformation and breach of joint venture agreement. After taking pretrial deposition of opposing executive, obtained favorable resolution for entire amount claimed in complaint on eve of trial
- Served as lead counsel representing an electricity storage manufacturer in dispute with municipality over battery supply contract. After taking deposition of key municipal former employee, favorably resolved claims for client prior to trial
- Served as lead counsel representing a national outdoor products manufacturer in trade secrets theft and non-compete lawsuit involving initially unknown former employee. After filing complaint and conducting third-party electronic discovery, determined identity of former employee and obtained agreed permanent injunction and payment of all expenses and fees by defendant
- Served as lead trial counsel before Delaware Chancery Court in case filed on behalf of purchaser of technology company. After defeating defendant’s motion to dismiss, obtained favorable settlement on behalf of plaintiff for entire amount claimed in complaint
- Served as lead trial counsel representing shareholder of Ohio private company in corporate dissolution proceedings on behalf of 50% shareholder in deadlock with co-owner. After bench trial, obtained all relief requested in complaint and secured sale of company, preserving significant asset valuation for client
Business and tort litigation defense
- Served as lead trial counsel and coordinating counsel representing medical device manufacturer of hernia mesh in state MCL and federal coordinated proceedings. First-chair trial counsel in defense verdict in first bellwether trial (Atlantic City, New Jersey)
- Served as lead trial and national coordinating counsel representing international pharmaceutical manufacturer of type 2 diabetes medicine in litigation filed in state and federal courts around the United States. Obtained partial or complete dismissal in several individual cases without defeat, including decisions in areas of personal jurisdiction and preemption in multiple jurisdictions. Successfully removed over 100 actions from Philadelphia state court (and eventually transferred to MDL) using novel “mass action removal” strategy. Oversaw successful multi-year management of MDL proceedings
- Served as lead trial counsel and national coordinating counsel representing international medical device manufacturer of transvaginal mesh in state and federal coordinated MDL proceedings. First-chair trial counsel in two defense verdicts (Oakland, California and Columbus, Georgia). Obtained dismissal of medical monitoring class action and over 60 complete summary judgment decisions, and achieved over 200 “no pay” voluntary dismissals. Oversaw successful multi-year management and eventual shutdown of MDL
- Co-counsel in representation of international technology company in dispute over enterprise software implementation project
- Served as lead trial counsel for construction materials supplier in multiple construction-related product liability and breach of contract disputes throughout the United States
- Served as lead trial counsel representing communications infrastructure firms in state and federal court disputes with landowners concerning communications infrastructure equipment and land leases. Obtained summary judgment and favorable lease language interpretation in two matters, including one in which the court awarded attorney fees
- Served as lead trial counsel defending national hydrocarbon exploration company against claims by state environmental agency that land activities violated terms of grant. Obtained summary judgment and complete dismissal of all claims prior to trial
- Lead or co-lead trial counsel representing anticoagulant therapy manufacturer in multiple actions in federal courts and state coordinated proceedings
- Represented Delaware-based technology company in multimillion-dollar business dispute in Delaware federal court. After one-week trial, jury deliberated two hours and found in favor of client on all claims asserted by plaintiffs, including breach of contract, breach of fiduciary duty and promissory estoppel claims, and found in favor of client on counterclaim for misappropriation of trade secrets
- Defended manufacturer of metal hip implant system in state and federal coordinated multidistrict litigation with cross-border parallel litigation. Involved in all aspects of litigation, including fact and expert witness work and regulatory and trial strategy
- Obtained dismissal of $40 million claim against international engine manufacturer alleging breach of contract, breach of express and implied warranties, fraud, and negligent misrepresentation with respect to sale of allegedly defective engines
- Lead trial counsel and international coordinating counsel for over 15 years in individual and class action proceedings throughout the world. Lead trial counsel in two defense verdicts in Florida and Mississippi. Obtained dismissal or summary judgment in over 20 different matters around the country, including in individual plaintiff lawsuits, commercial contract disputes, and unfair trade practices claims. Lead or co-lead appellate counsel in multiple affirmances in state and federal circuit courts
- Obtained summary judgment on behalf of pharmaceutical manufacturer in case alleging defective warnings
- Served as regional coordinating counsel representing major paint supplier in several toxic tort-based municipal public nuisance lawsuits throughout Ohio. All cases were dismissed
- Represented international engine manufacturer in individual warranty and commercial litigation matters; obtained pre-trial dismissal in a half dozen cases and acted as lead counsel in international arbitration in Paris, France involving marine engines. Achieved enforcement of repair and replacement warranty and avoided multimillion-dollar claim for lost profits and economic losses
- Obtained summary judgment on behalf of cosmetic supplier in alleged breach of distribution agreement brought by supplier
Education
-
Duquesne University School of Law,
JD,
cum laude
(1996)
- Order of Barristers
- Law Review
- Chairman, Moot Court
-
Kalamazoo College,
BA
(1993)
Admissions
- Ohio
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Western District of Michigan
Practice Areas
Industries