I am a principal at McCarthy, Lebit, Crystal & Liffman Co. LPA in Cleveland, Ohio. I have been practicing since 1986 in the area of complex business litigation. I have extensive experience in the areas of contract, creditors rights, and commercial evictions. I also have experience in employment law including trade secret litigation, construction, zoning and in the defense of legal malpractice claims and environmental litigation. I have jury trial experience in state and federal court as well as before arbitration panels. To my knowledge I am one of only two attorneys to have ever tried a jury trial in the Bankruptcy Court for the Northern District of Ohio. I am a member of the International Association of Defense Counsel.
American Indoor Soccer Association vs. O' Hara — I was retained to represent the former owners of a soccer league franchise against a
a claim that they had misrepresented the state of the franchise prior to its sale. My clients
were given a defense verdict from the jury and awarded the full amount of their counterclaim
and attorneys fees.
Armbruster v. Fifth Third Bank — The Plaintiff claimed it had been mislead and my client had fraudulently overcharged it for treasury
management fees. The case was tried before a jury in the Bankruptcy Court for the Northern district of
Ohio. Despite claims by the Plaintiff that ir was entitled to several hundred thousand dollars in damages, the
jury awarded the Plaintiff only twenty-five thousand dollars in damages.
Geosynfuels v. Gorman — I successfully prosecuted a claim against a defendant who breached the agreement to pay
for units in a start up company. I was able to obtain a summary judgment and successfully defend
that judgment in the Sixth Circuit Court of Appeals. In the end my client was paid several hundred
thousand dollars by the Defendant.
Lucic Enterprises, Inc. v. Telecom — The Defendant served my client, who operated a successful night club, with notice of eviction. An eviction would have completely destroyed my client's
business. Prior to an eviction being initiated, i brought a declaratory judgment action asking the court to enter an order finding that pursuant to an assignment that
my client was a legal tenant in the property and that the landlord had no grounds to evict it. I was successful in obtaining a summary judgment
from the trial court confirming that the landlord had no legal grounds to evict my client. On appeal, the Eighth Court of Appeals affirmed that judgment.
J. Burner Crew v. Kemper — I successfully prosecuted a claim for wrongful termination of a securities broker before a NASD Arbitration Panel resulting in a large judgment in favor of
Henshaw v. City of Salem, Ohio — Action brought in Federal court for civil rights violation as a result of actions taken
by city zoning officer against client. Action resulted in settlement that required City
to pay damages and attorneys fees to client.
Winter Equipment Company v. Unique Fabrications, Inc — Plaintiff alleged my client had misappropriated trade secrets. After a week long trial, a jury found that my clients had not misappropriated trade secrets because they alleged trade secrets were known by others in the welding industry.