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 Preliminary Injunction to Enforce Supply Agreement
An Arnold & Clifford appellate team, Gerhardt “Gage” Gosnell II and Michael L. Dillard, Jr., successfully defended the appeal of a judgment worth nearly $30 million that Arnold & Clifford had obtained in the Franklin County Court of Common Pleas. In the appeal, the appellant, a multi-million-dollar Illinois-based company and lessor of 24 separate gas station properties, sought to reverse the trial court’s decision obtained by Arnold & Clifford on behalf of appellee-lessee, a global, consumer market-focused additives and specialty ingredients company. The appellee-lessee had successfully sued in the trial court obtaining declaratory judgment against the appellant-lessor, and a finding that the lessee had effectively exercised an option to renew the ground leases. The Tenth District Court of Appeals affirmed the decision, finding that where the lessee’s failure to timely exercise the renewal option under the ground leases was the result of an honest mistake, equity excused the late notice since the equitable relief did not prejudice the lessor who took no action in reliance on the absence of timely notice and who did not change its position or anticipate that the lessee would not renew. The Court further found that without equitable relief, the lessee would lose millions of dollars’ worth of valuable improvements made to the 24 separate gas station properties. The decision is available at: Ashland Global Holdings, Inc. v. SuperAsh Remainderman Ltd. Partnership | 2023-Ohio-3556 | 10th Appellate District | Decided: Sep 29, 2023.
Arnold & Clifford Attorneys Win Declaratory Judgment to Enforce Commercial Lease Renewal
An Arnold & Clifford trial team consisting of James E. Arnold and Michael L. Dillard, Jr. won a declaratory judgment action to prevent their client from being evicted from multiple gas station properties located in several states, saving the client millions of dollars. The declaratory judgment hearing in Franklin County, Ohio was the culmination of five months of expedited litigation, involving several hearings, conferences, multiple depositions, written discovery, and briefing.
The client was a multi-national energy company who was leasing multiple gas station properties from the landlord as part of a complicated commercial lease initially entered in the 1990s. The landlord sought to terminate the lease, evict Arnold & Clifford’s client, and seize millions of dollars in land improvements for itself.
The client turned to Arnold & Clifford to prevent the unlawful termination. Arnold & Clifford sued the defendant for declaratory judgment. The defendant counterclaimed for forceable entry and detainer, and another multi-national gas station company, the client’s sub-tenant, joined the fray as an additional plaintiff trying to prevent eviction. The court stopped the unlawful eviction and attempted seizure of expensive gas station improvements.
Arnold & Clifford Attorneys Win Preliminary Injunction to Enforce Supply Agreement
An Arnold & Clifford trial team consisting of James E. Arnold and Michael L. Dillard, Jr. won a temporary restraining order followed weeks later by a preliminary injunction worth hundreds of thousands of dollars in revenue to their client. The preliminary injunction hearing in Franklin County, Ohio was the culmination of just under a month of fast-paced litigation, involving several hearings, multiple depositions, written discovery, and briefing.
The client was a well-known Columbus eatery famous for treating its customers to original recipe bagels and bagel products for over fifty years. Operating on the eastside of Columbus since the late 1960’s, the client had over thirty employees helping with the retail and wholesale sides of the business. As part of its wholesale business, it had a supply agreement with the defendant who back in 2016 had agreed to get his supply from the client for ten years in exchange for the defendant being able to use the client’s well-known family name to run his restaurants. Without warning, in early October, the client was notified, that defendant, the client’s largest wholesale customer, intended to unilaterally breach the 10-year supply agreement. The defendants claimed that they had perpetrated an asset sale and that Ohio law permitted them to avoid successor liability in asset sales as a matter of course.
The client turned to Arnold & Clifford to prevent the breach and save the third-generation family-owned company from going out of business. Arnold & Clifford sued the defendant and four of his cohorts for injunctive relief, to stop the breach and permit the client to continue to operate its business. Arnold & Clifford successfully argued that successor liability always applies to asset purchase situations when the seller purported to sell the assets to himself as buyer.
“It is always gratifying to win on behalf of a client, especially one like this one, where the win means we save a fifty-five year old family-owned company from going out of business and save over thirty people from losing their jobs in the process.” said Mr. Arnold.
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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