R. JOSEPH PARKER, a Fellow of the American College of Trial Lawyers, is a partner at Taft Stettinius & Hollister LLP. Mr. Parker handles complex and general commercial litigation and is chair of the firm’s Appellate Practice. www.taftlaw.com Mr. Parker’s practice involves representation of a wide variety of clients, primarily businesses, including manufacturing companies, construction companies, health care providers, financial institutions, municipalities, and personal service organizations (e.g., doctors groups, law firms and accountants). He deals with problems encountered by business organizations, including antitrust, contracts, corporate governance and finance, securities regulations, environmental, bankruptcy, malpractice, insurance coverage, real estate, business and personal torts, trust and estates, and employment relations. He has extensive experience in a lead role in litigation, dispute resolution, arbitration and negotiation. Mr. Parker has been lead defense counsel in a number of class action cases and has over 40 decisions from trial and appellate courts reported or available on line. He is listed in the The Best Lawyers in America in three categories: commercial litigation, bet the company litigation, and personal injury. He is a Fellow of the American College of Trial Lawyers and has been named an Ohio Super Lawyer by Law & Politics Magazine.
CWM Holdings, LLC v. Plastic Trim International, Inc., AAA Arbitration — We represented the owners of an automobile parts manufacturer who sold their company to a conglomerate of Japanese and Chinese companies. The sales price was for cash, assumption of debt and an earn-out payable over a 2 year period based on the company achieving certain sales goals. Even though the sales goals were met, the buyer refused to pay the earn-out claiming that there were significant inventory shortages and that much of the inventory was obsolete. On behalf of buyer, we demanded arbitration before the AAA. A panel of 3 arbitrators awarded our client $2.15 million. The award was affirmed. CWM Holdings, LLC v. Plastic Trim International, Inc., Case No. 2009CV1254, Greene County, Ohio, Common Pleas Court (12/7/09).
Blair v. McDonagh, et al., A05-07186, Common Pleas Court, Hamilton County, Ohio
We represented an Irish citizen who was 50% owner of a chain of Irish pub style restaurants in the U.S. Client was sued by the other 50% owner claiming multiple breaches of fiduciary duty and contract and sought over $60 million in damages. On behalf of our Irish client, we counterclaimed against the U.S. partner claiming he had misused company funds for his personal use and was attempting to squeeze our client out of the company. If our client lost the case, he could have lost up to the claimed $60 million damages. He also could have lost the $20 million in loans he had made to the company which his partner claimed were equity. We took the case to trial before a jury. The result was that on behalf of our client, we defeated every claim made by the U.S. partner. We received a judgment that our client’s advances to the company were loans not equity. We also obtained a personal judgment against the U.S. partner of $2.3 million which included punitive damages of $1.5 million. The judgment has been affirmed on appeal. Blair v. McDonagh, 177 Ohio App.3d 262, 894 N.E.2d 377, 2008 -Ohio- 3698, Ohio App. 1 Dist., July 25, 2008 (NO. C-070238); and C-090553 (Feb. 25, 2010)