Litigation

The litigation practice at Wegman, Hessler & Vanderburg is extensive. Our litigation cases range from smaller matters handled by junior associates to multi-million dollar lawsuits covering various areas handled by teams of attorneys and support personnel. We are also skilled in the uses and applications of various alternative dispute resolution methods, including mediation and arbitration and we explore litigation preventive measures which can minimize both the frequency of litigation and its attendant costs. Our attorneys have developed a specific mediation program for one of our major clients to assist it resolving recurring litigation in a cost effective manner.

We represent (and, on occasion, coordinate the representation of) business clients in disputes of all kinds, locally, nationally and on occasion, internationally. Our litigators regularly appear in state and federal courts - at both trial and appellate levels - and administrative agencies and arbitration panels throughout Ohio. In addition, our attorneys frequently appear in out-of-state forums at the specific request of a client in order to utilize our expertise and knowledge concerning a particular client’s business or products which could not be easily duplicated by foreign counsel. The cases we litigate include personal injury and other negligence actions (including medical negligence), breach of contract actions, business tort actions, consumer rights claims, product liability actions, insurance coverage claims, foreclosure actions, zoning and land use litigation, securities churning claims, will contests, employment related claims, intentional torts and trade secret claims.

We have substantial experience with the many litigation issues which challenge large manufacturing concerns with locations across the nation and beyond. For many years, we have represented a major manufacturer of outdoor power equipment in actions filed by dealers, distributors, suppliers and consumers. As an outgrowth of this work, we also represent most major manufacturers of outdoor power equipment in defending their product liability litigation claims in Ohio, including defense of warranty and consumer protection claims. We have extensive experience in defending manufacturers against claims by dealers or distributors for wrongful contract termination or loss of distribution rights, particularly with reference to outdoor power equipment dealers and distributors.

In the area of real property actions, we have successfully represented mortgage holders in protecting their secured interests in real estate during foreclosure or restructuring of commercial real estate operations. We have also successfully represented a number of clients in “white collar” crime and anti-trust litigation.

While we engage in trial and appellate work, we believe in and recommend to our clients the appropriate use of alternative dispute resolution procedures. Not every dispute requires the commitment of significant time, expense and the often permanent disruption of otherwise profitable commercial relationships that usually results when formal litigation is pursued. Some of our attorneys are trained and certified as AAA Arbitrators and all litigators have experience in mediation and other creative dispute resolution processes. We also recognize the advantage of, and have used in appropriate circumstances, compressed discovery schedules and limitations on timing and the extent of discovery as a means to reduce the sometimes overwhelming costs associated with the discovery phase of litigation.

In our litigation efforts, our goal is to assist our clients in minimizing the risk and exposure of doing business in today’s litigious world. To the extent we can assist in the avoidance of litigation, we have accomplished our first goal. However, if litigation is unavoidable or necessary for the protection of our client's interests and the assertion of his or her rights, our attorneys are prepared to work with our clients accordingly. We endeavor to minimize the risks of litigation, properly evaluate a case, prepare it for trial or other disposition, limit our client’s expense, yet aggressively pursue and defend our client's rights and interests.

Members of the Wegman, Hessler & Vanderburg Litigation Group:

David R. Button
A. Elizabeth Cargle
Christopher A. Corpus
Jennifer A. Corso
Richard T. Coyne
Charles R. Ennis
Antoinette F. Gideon
Manju Gupta
Nathan E. Hessler
Peter A. Hessler, Chair
Peter A. Holdsworth
Christopher A. Holecek, Chair
Jeffrey W. Krueger
Angela M. Lavin
Patrick J. Quallich
Heather Ross
David J. Sipusic
Lesley A. Weigand

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