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.
Recovery for plaintiff in breach of contract action.
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).
Secured asset freeze injunction against Payment Facilitator (PayFac), in favor of Sub-Merchant clients (E-Commerce companies), in payments industry dispute.
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.
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 female attorney in sexual assault matter. Defeated insurance company’s declaratory judgment action to withdraw coverage, leading to favorable confidential settlement.
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.
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.
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.
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.
Payments Industry Victory
Successfully defended liability determination in multi-million dollar payments industry dispute.
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.
Settlement for mother and son injured in head-on car accident.
Settlement Exceeding $100,000
For victim of workplace sexual assault.
Settlement for client in sexual assault matter
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.
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.
Policy limit settlement for child pedestrian hit by car.
Judgment in assault and battery case for client sucker punched and pushed through window at bottom of apartment building staircase. An additional confidential settlement was negotiated with the landlord.
Insurance bad faith settlement