Sample Case Profiles
Arnold & Clifford LLP, is a Columbus, Ohio, law firm that also serves the Cleveland, Cincinnati and Dayton areas. We focus on trial practice for both individuals and corporate clients, in both state and federal courts, and are proud to be a nationally recognized legal resource in a wide range of practice areas. Our attorneys have been recognized for professional excellence by numerous organizations, and our clients value our dedication to professional ethics.
James E. Arnold & Associates, LPA, Wins $1 Million Jury Verdict in Federal Court
On October 17, 2013, James E. Arnold & Associates, LPA, obtained a defense verdict and a jury award in its client’s favor totaling $1,000,000 in a highly contested business dispute between the members of a now-dissolved company called Big Research LLC. James E. Arnold & Associates, LPA, represented Prosper Business Development Corporation, the majority owner and management company of Big Research. The minority member, Penn LLC, had sued claiming that Prosper and its two principals had breached their fiduciary duties to Big Research in the 2009 dissolution of the company, had charged excessive fees in the management of the company, and had taken the assets of Big Research for itself. Penn was seeking $8 million in damages.
Prosper v. Marketstar
We represented the plaintiff in a breach of a noncircumvent, nondisclosure agreement. Initially, we received a low dollar-figure settlement offer. A five-day arbitration proceeding in Columbus, Ohio, resulting in a $4,750,000 verdict for plaintiff as a result of the breach of the confidentiality agreement. Award based on a percentage of overall value of the information improperly utilized by Marketstar’s parent company, Omnicom.
Brookover v. Flexmag Industries, Inc
Co-lead counsel for plaintiff whose hand was amputated in an industrial machine. Two week jury trial resulting in award of $7,482,000, consisting of $4,000,000 compensatory damages, $2,000,000 punitive damages and $1,482,000 of attorneys’ fees and prejudgment interest. Highest pretrial settlement offer was $650,000.
Goldsmith v. Lechiara
Medical malpractice wrongful death case, representing plaintiff. Seventeen-day jury trial resulting in plaintiff’s verdict of $6,691,420, constituting the largest wrongful death verdict in Franklin County, Ohio, history. There was no pretrial settlement offer.
Zanke v. Village Green Management Corp
Represented plaintiff against apartment complex owner and management company for injuries received by tenant who slipped and fell on ice caused by removal of gutters and downspouts during winter renovation project. Three-week jury trial resulted in verdict in favor of plaintiff for $5,156,168, consisting of $4,223,438 compensatory damages and $932,730 for prejudgment interest. Pretrial settlement offer of $60,000.
Borror v. MarineMax of Ohio, Inc
Represented plaintiff against boat dealer alleging claims of violations of the Consumer Sales Practices Act and fraud in connection with the sale of vessel costing approximately $780,000. Boat was sold for $350,000 and, following bench trial, plaintiff obtained highest Consumer Sales Practices Act award rendered in Ohio, consisting of $2,545,369 for fraud, violation of state’s consumer protection statute, attorneys’ fees and prejudgment interest. Pretrial settlement offer of $35,000.
Griffith v. Wausau Business Ins. Co
Motor vehicle crash, underinsured motorist case, representing plaintiff. Award of $901,046, consisting of jury verdict of $738,046, with an additional $163,000 of prejudgment interest awarded. No pretrial settlement offer.
Shirley K. Barnhart v. Hanlin Rainaldi Construction Corp
Employer intentional tort case, representing plaintiff. Jury trial resulting in a verdict of $473,693, representing the second-highest jury verdict for an intentional tort case in Franklin County, Ohio, as reported by the Columbus Bar Assn.
Borror v. Buckeye Union Ins. Co.
Motor vehicle accident, underinsured motorist case representing the plaintiff. Jury trial resulting in a verdict of $814,000, representing the largest underinsured motorist’s case verdict in Franklin County, Ohio, as reported by the Columbus Bar Assn. (One higher verdict during this time period was reversed on appeal by the Ohio Supreme Court). Post-trial motions resulted in a further award of prejudgment interest and attorneys fees.
Value Behavioral Health v. Ohio Dept. of Mental Health
966 F. Supp. 557 (U.S.D.C. S.D. Ohio, 1997), representing intervening party. Claim involved the alleged improper award of a $177,459,000 state contract for the provision of mental health services. Issues included whether or not the federal courts had jurisdiction to enjoin the state from making an award because of the 11th amendment to the United States Constitution, and whether a civil rights action could be maintained under 28 USC 1983. Court ordered the injunction, which order was vacated at the Sixth Circuit Court of Appeals when the plaintiff was acquired by the intervenor.
Kingseed v. O’Leary
Medical negligence case representing plaintiff. Jury held in favor of the plaintiff for several hundred thousand dollars. Prejudgment interest was also awarded.
Bench Billboard v. City of Columbus
City of Columbus illegally confiscated hundreds of properly licensed and located bus stop benches. Represented plaintiff. Bench trial resulted in city being enjoined from removing any further benches, returning the benches taken and award of damages including attorneys’ fees.
Kessel v. Pharmacy Associates, Inc.
Dispute among shareholders involving a buy-sell agreement, representing plaintiff. The jury trial lasted for a week after which the defense conceded liability and settled the case, including payment of a portion of the plaintiff’s attorney’s fees.
Englehaupt v. Eaton Construction Co., Inc.
Business dispute involving the failed sale of a company, representing plaintiff. Jury trial lasting several days. Jury returned a verdict in favor of the plaintiff and against the defendant.
If you have concerns regarding business and commercial litigation, tax litigation or any other referenced practice area, contact James E. Arnold & Associates, LPA. Our lawyers represent clients in the state of Ohio including Columbus, Cincinnati, Cleveland and Dayton.
America’s Floor Source v. Joshua Homes
We represented local businessman Jason Goldberg of America’s Floor Source against Eric Schottenstein and Joshua Homes (Schottenstein’s building company). At the conclusion of a four-day jury trial, $72,759.37 was awarded in favor of America’s Floor Source against Joshua Homes, and an additional $120,000 was awarded against Eric Schottenstein, personally. The jury decided that Schottenstein violated the terms of a consulting agreement between Schottenstein and America’s Floor Source, relieving the company of millions of dollars of payments that it might have otherwise had to pay Schottenstein under that agreement.