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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$32,971,099.40

Obtained summary judgment and won $32,971,099.40 judgment for commercial landlord in case involving the historic St. Bernard Soap Company property. Believed to be one of the largest business litigation judgments in Hamilton County history.

CAI Investments Healthcare Products I Master Lessee, LLC v. VVF Cincinnati LLC, et al.

No. A 2400205 (Hamilton County Court of Common Pleas, Commercial Docket)

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Plaintiff Victory

Won partial summary judgment in hard-fought closely held business dispute, including a declaration that the Firm’s clients are 40% members in the two LLCs at issue.

Thornton v. Woeste

No. A 2304252 (Hamilton County Court of Common Pleas, Commercial Docket)

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Rule 12(b)(6) Dismissal

Dismissal on behalf of multiple Merchant Cash Advance (MCA) companies sued by Pittsburgh, Pennsylvania-based Bank in conversion and Civil Rico action seeking damages of over $60,000,000. The case was ultimately settled following an appeal.

S&T Bank, Inc. v. Advanced Merchant Services, et al.

No. A 2102471 (Hamilton County Court of Common Pleas, Commercial Docket)

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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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Defense Victory

Secured Rule 12(b)(6) dismissal of lawsuit seeking $10,499,166 in damages 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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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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Defense Victory

Obtained complete dismissal under Rules 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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$1,500,000

Confidential settlement for plaintiff in breach of contract action.

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Defense Victory

Bank voluntarily dismissed $4,197,000.00 action against finance company client in intercreditor dispute after motion for summary judgment was filed.

Huntington National Bank v. Tailored Fund Cap LLC

No. A 2004100 (Hamilton County Court of Common Pleas, Commercial Docket)

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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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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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Employment Defense Victory

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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#appellate

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First District Victory

Won reversal of $1,187,886 judgment against New York-based finance company in intercreditor dispute with Ohio bank. Read about the case here on Law360.

First Financial Bank v. Tailored Fund Cap, L.L.C.

1st Dist. Hamilton No. C 230626, 2024-Ohio-4982, 256 N.E.3d 744

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Products Liability Victory

Won reversal of summary judgment decision in products liability/wrongful death action against Yamaha Motor Co., after being retained to represent Plaintiff on appeal.

Sidloski v. Yamaha Motor Co., LTD, et al.

1st Dist. Hamilton No. C 240570, 2025-Ohio-5069

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Real Estate Developer Win

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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U.S. 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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Fifth District Victory

Won reversal of domestic relations decision after being retained to represent client on appeal, resulting in client’s entitlement to a seven-figure sum of additional spousal support payments and additional relief.

Crum-Cianflone v. Cianflone

5th Dist. Richland No. 2025 CA 0037, 2026-Ohio-663

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Divorce Appeal Victory

Won affirmance of property division and substantial support award after being specially retained for appeal in high-net-worth divorce case.

Nwafo v. Ugwualor

12th Dist. Butler No. CA2023-05-055, 2024-Ohio-189

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Ohio Supreme Court Victory

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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Custody Appeal Victory

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, our team 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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$260,000

Insurance bad faith settlement

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$525,000

Settlement in negligent hiring case for client assaulted by company employee with extensive criminal record.

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$200,000

Settlement for client in products liability case.

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$410,000

Settlement for pedestrian struck by vehicle in crosswalk in downtown Cincinnati.

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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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$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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$425,000

Settlement for pedestrian struck by vehicle.

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