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

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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.

Elec. Merch. Sys. LLC v. Montgomery, et al

No. 20-CV-1898, 2022 WL 2176537 (N.D. Ohio June 16, 2022).

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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.

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$1,500,000

Recovery for plaintiff in breach of contract action.

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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).

Medpace, Inc. v. Vivozon, Inc.

No. 21-CV-480 (S.D. Ohio)

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Preliminary Injunction

Secured asset freeze injunction against Payment Facilitator (PayFac), in favor of Sub-Merchant clients (E-Commerce companies), in payments industry dispute.

Integrity Bus. Partners, LLC v. Autumn Ridge Consulting Inc., et al.

No. 1:21-CV-162, 2022 WL 17092148 (S.D. Ohio Nov. 21, 2022)

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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.

Dana Ellis v. Jungle Jim's Market, Inc.

No. CV 2013 11 3254 (Butler County Court of Common Pleas)

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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.

Medical Supply Distribution, LLC v. Mitch Goodman, et al

No. 2:21-cv-00161 (S.D. Ohio).

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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.

NCMIC Insurance Co. v. Smith, et al.

389 F.Supp.3d 535 (S.D.Ohio, 2019)

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#appellate

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Supreme Court Victory

Won reversal of adverse qui tam decision, reopening the door to a potential recovery of over $2,000,000,000.

United States of America ex rel. Deborah Sheldon v. Allergen Sales, LLC

U.S., 143 S.Ct. 2686 (2023)

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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.

O.T.R. Adopt Inc. vs. City of Cincinnati, et al.

1st Dist. Hamilton No. C 2200556 (Dec. 21, 2022)

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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.

State v. Davis

159 Ohio St.3d 31, 2020-Ohio-309, 146 N.E.3d 560.

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Sixth Circuit Affirmance

Obtained affirmance of double murder conviction. (Paul R. Kerridge handled this appeal as an Assistant Ohio Attorney General.)

Cutts v. Smith

630 F.App’x 505 (6th Cir.2015)

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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.

Abrahamson v. Estate of Lebold

89 Mass. App. Ct. 223 (2016)

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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.

In re E.R.M.

1st Dist. Hamilton, No. C-190391, 2020-Ohio-2806.

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Payments Industry Victory

Successfully defended liability determination in multi-million dollar payments industry dispute.

Infinity Capital LLC v. Francis David Corp.

851 F.App’x 579 (6th Cir.2021)

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#privateclientmatters

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$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.

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$480,000

Settlement for mother and son injured in head-on car accident.

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$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.

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$200,000

Settlement for client in products liability case.

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$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.

Jessica Cope v. Hamilton Riverside Dentistry, et al.

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$260,000

Insurance bad faith settlement

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$174,500

Settlement for client in sexual assault matter

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Settlement Exceeding $100,000

For victim of workplace sexual assault.

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