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.

Arnold & Clifford Attorneys Win $17.4 Million Jury Verdict

An Arnold & Clifford trial team consisting of James E. Arnold, Damion M. Clifford, and Gerhardt “Gage” Gosnell II won a jury verdict in excess of $17 million for their client. The jury trial in Richland County, Ohio was the culmination of over three years of litigation.

The client was the former president of two related oil and gas companies. When the client left the companies in December 2015, an agreement was signed which stated, should the companies be sold within
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Arnold & Clifford Attorneys Win $3.5 Million Jury Verdict

An Arnold & Clifford trial team consisting of James E. Arnold and Damion M. Clifford won a jury verdict in excess of $3.5 million for their client. The jury trial in Franklin County, Ohio was the culmination of almost seven years of litigation.

The client is a full-service property management company specializing in the management of multi-family apartment complexes located in Ohio and other states. In 2015, when the client was interested in purchasing a large number of apartments in the Grandview area, it approached the seller’s real estate agent to determine whether a well-known real estate investor and family member of the real estate agent was interested in purchasing the apartments. The investor’s interest in the apartments was important because the company was concerned that the real estate agent would steer the apartments to the family member and not the highest and best offer submitted to the sellers. The real estate agent on two separate occasions denied that the investor was interested in the apartments, when, in fact, the investor was and had been interested in buying the apartments the moment that the apartments were listed for sale. It was not until after the sale of the apartments had closed, did the company discover that the real estate agent steered the sale of the apartments to his family member.
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Directors are entitled to the Advancement of their Legal Fee

Arnold & Clifford LLP won a victory in the Tenth District Court of Appeals that impacts many Ohio companies and their directors. Represented by James E. Arnold and Tiffany Carwile, a director of an Ohio corporation convinced the Tenth District Court of Appeals that Ohio’s mandatory advancement statute (R.C. 1701.13(E)(5)(a)) for litigation expenses applies regardless of the capacity in which the director is sued. The court of appeals’ unanimous decision reversed the trial court’s denial of the director’s request for the advancement of attorney fees and expenses. The Tenth District’s decision can be read in its entirety here.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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