Case Results
Durst Kerridge has achieved phenomenal results across the Firm’s core practice areas at both the trial and appellate levels and on behalf of both individuals and corporate clients.
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Litigation | Appellate | Private Client Matters
#litigation
Defense Victory
Successful 12(b)(6) dismissal of lawsuit seeking $10,499,166 in damages, obtaining victory on behalf of European business enterprise incorporated in the United States including complete dismissal of all claims adverse company officer.
Chosen to Represent Many Attorney Colleagues
Proudly represented other attorneys or law firms on more than ten occasions, in both civil litigation matters and allegations of professional misconduct.
Successful Employment Defense
Obtained summary judgment on all claims on behalf of Defendant in sexual harassment case, and represented Defendant on appeal. The matter was ultimately settled on terms favorable to the client.
Rule 12(b)(6) Dismissal
Represented Korean pharmaceutical company sued by Cincinnati-based drug development company in action removed from the Hamilton County Court of Common Pleas to the Southern District of Ohio, Western Division (Cincinnati). Obtained dismissal of majority of claims against client under Fed. R. Civ. P. 12(b)(6).
Preliminary Injunction
Secured asset freeze injunction against Payment Facilitator (PayFac), in favor of Sub-Merchant clients (E-Commerce companies), in payments industry dispute.
Rule 12(B)(6) Dismissal
Dismissal and complete defense victory on behalf of New York Merchant Cash Advance (MCA) companies sued by Pittsburgh, Pennsylvania-based Bank in the Hamilton County Court of Common Pleas. The Bank alleged claims for conversion and Civil Racketeer Influenced and Corrupt Organizations (RICO) violations and sought damages of over $60,000,000.00.
Defense Victory
Obtained complete dismissal under Fed. R. Civ. P. 12(b)(6) & 14(a)(4) of third-party claims asserted against Wisconsin-based business and company officer in the Southern District of Ohio, Eastern Division (Columbus) by medical supply company seeking over $9,000,000 in damages in connection with allegedly undelivered PPE.
Successful Representation in Sexual Assault Matter
Represented physician sexual assault victim. Defeated insurance company’s declaratory judgment action to withdraw coverage, leading to favorable confidential settlement.
$1,500,000
Recovery for plaintiff in breach of contract action.
Seven-Figure Appellate Reversal
Won reversal of $1,187,886 judgment against New York-based finance company in intercreditor dispute with Ohio bank. This case was featured in Law360.
Supreme Court Victory
Won reversal of adverse qui tam decision, reopening the door to a potential recovery of over $2,000,000,000.
Successful Representation of Real Estate Developer
Obtained dismissal of adverse party’s appeal on behalf of real estate developer, permitting $100 million+ development to proceed.
Precedent-Setting Ohio Supreme Court Win
Argued and won case before the Supreme Court of Ohio involving the right of indigent defendants to effective assistance of counsel, after being chosen to represent the Defendant on appeal.
Sixth Circuit Affirmance
Obtained affirmance of double murder conviction. (Paul R. Kerridge handled this appeal as an Assistant Ohio Attorney General.)
Argued in the Massachusetts Appeals Court
Argued in the Massachusetts Appeals Court in case involving procedural issue of first impression involving Massachusetts’ Saving Statute, G. L. c. 260, § 32.
Appellate Victory in High-Net-Worth Divorce Case
Won affirmance of property division and substantial child support award after being specially retained for appeal.
Payments Industry Victory
Successfully defended liability determination in multi-million dollar payments industry dispute.
Reversal of Child Custody Decision
Won complete “180-degree reversal” of child custody decision, resulting in immediate award of custody to the firm’s clients (the child’s longstanding foster parents), after being retained to represent clients on appeal.
#privateclientmatters
$1,000,000
Settlement in case where landlord’s grossly negligent maintenance led to woman and children having to jump from third-floor apartment window in order to escape a fire.
Durst acted immediately to preserve the scene before the evidence could be destroyed, making it possible to prove the landlord’s negligence. The client ultimately made a successful recovery. She and her family remain friends of the firm.
$480,000
Settlement for mother and son injured in head-on car accident.
$525,000
Settlement in negligent hiring case for client assaulted by company employee with extensive criminal record.
$175,000
Settlement for client injured in accident involving semi-truck in which police initially determined client to be at fault. In this case, the team at Durst acted immediately to preserve bodycam footage, 911 recordings, and other time-sensitive evidence that ultimately proved crucial to establish that the truck driver was truly at fault.
$200,000
Settlement for client in products liability case.
$189,000 Jury Verdict, Plus Attorney Fees
Jury verdict in sexual harassment case against dental practice. Believed to be the second-highest jury award in a sexual harassment case in Butler County history.
$260,000
Insurance bad faith settlement
$174,500
Settlement for client in sexual assault matter
Settlement Exceeding $100,000
For victim of workplace sexual assault.
$410,000
Settlement for pedestrian struck by vehicle in crosswalk in downtown Cincinnati.
