Marion H. Little

Trial counsel for Governor DeWine, the Ohio Department of Health, and other state administrative agencies in federal and state trial actions and appellate court proceedings in defense of Ohios health and closure orders issued to combat the spread of COVID. Lead trial counsel in jury trial against corporate officer and director asserting claims for breach of fiduciary duty. Secured seven-figure judgment consisting of compensatory and punitive damages and attorneys fees. Believed to be the first case in which the business judgment rule afforded no protection to a corporate officer notwithstanding Ohios recently enacted statutory protection for corporate officers. Pretrial proceedings included dissolution of corporate entities, securing the appointment of a receiver, funding for the receivership pending the sale of $29 million asset, and successful prosecution and recovery on contested claims in the receivership. Lead trial counsel in AAA arbitration over ownership control of two closely-held companies. Secured dismissal of claimants fraud, breach of contract, and fiduciary duty claims seeking in excess of $15 million. Prevailed on counterclaims seeking specific performance of purchase option. Lead trial counsel in defense and trial of $45 million maladministration claim against estate fiduciary. Plaintiff capitulated on the fourth day of trial. Lead trial counsel in six-week jury trial for local development company, its principal, and condominium buyers in litigation against regional bank arising from banks breach of contract to provide construction financing for developers project to convert historic apartment building to condominiums. Obtained dismissal or jury verdict for plaintiffs on $6 million counterclaim brought by bank. Obtained jury verdict of approximately $14 million against bank on breach of contract and tortious interference claims brought by developer and additional verdicts totaling $5.6 million for condominium buyers. The net result was a $25 million judgment for clients. Lead trial counsel in four-week trial advancing derivative claims for misappropriation of corporate opportunities and breach of fiduciary duty by corporate president and director. $19.8 million verdict returned in clients favor included award of punitive damages and the imposition of constructive trusts. Established non-dischargeability of debt in subsequent bankruptcy proceedings. Lead special litigation counsel representing Chapter 11 Debtor in adversary proceeding against numerous individual and corporate defendants. Proceedings included claims of fraud, fraudulent inducement, and breach of fiduciary duty involving millions of dollars relating to Debtors dealings and/or involvement with the various Defendants. Secured (a) injunctive relief enjoining transfer of assets; (b) an order disallowing a $14-million proof of claim based upon, among other things, fraudulent inducement; (c) issuance of a contempt citation against principal Defendant; and (d) $1 million in punitive damages. Decisions all successfully defended on appeal before the Sixth Circuit Court of Appeals. Co-trial counsel in four-week jury trial advancing fraud and federal RICO claims upon behalf of plaintiff. Jury verdict of $3.2 million in favor of client. Believed to be the only successfully tried civil RICO case in the Southern District of Ohio, Eastern Division. Co-trial counsel in jury trial defending commercial trespass claims and pursuing counterclaims for abuse of process. Client prevailed. Jury verdict of abuse of process, with a judgment including compensatory damages, punitive damages, and attorneys fees. Trial counsel in defense of action pursued by approximately 500 plaintiffs against the Ohio Bureau of Workers Compensation. Clients?] overall exposure was $300 million. Case tried to a defense verdict. Lead trial counsel in representation of a broker-dealer on a series of selling-away cases involving the unauthorized and undisclosed activities of an investment representative who raised approximately $20 million from investors for a Ponzi-scheme investment fund. Fifteen separate arbitrations (venued in 11 states), 22 related lawsuits (filed in 18 separate United States District Courts), and 18 appeals (filed in 10 separate United States Circuit Courts of Appeal) were involved. After the completion of a three-week evidentiary hearing in one arbitration, all proceedings favorably resolved for client. Lead trial counsel in hearing on plaintiff and its attorneys liability for pursuit of claims in violation of Ohio frivolous conduct statute. Client prevailed. Trial courts imposition of sanctions against plaintiff and its counsel affirmed by court of appeals. Lead trial counsel defending regional law firm in bankruptcy court adversary proceeding against claims by bankruptcy trustee and Attorney General seeking $60 million in damages for alleged civil RICO violations, legal malpractice, and other common law claims arising from firms provision of legal advice to trustees of defunct nonprofit psychiatric hospital. After extensive discovery and motion practice, Claims were resolved with no payment by firm to bankruptcy estate. Lead trial counsel in defense of securities fraud and professional liability claims advanced by investor relating to loans and security arrangements in an acquisition. Plaintiffs sought in excess of $40 million. After five years of litigation and extensive discovery, Plaintiffs claims dismissed with prejudice. Client recovered monies on its counterclaim. Lead trial counsel in defense of $3 million multi-week penny stock-fraud arbitration. Case tried to a defense verdict. Lead trial counsel in successful defense of energy facility developer. Plaintiffs alleged fraudulent conspiracy by defendants in securing real-property site for $300 million electrical plant. Jury trial concluded by directed verdict in clients favor. Defense of law firm for alleged malpractice with respect to Section 29 tax-credit issue for alternative fuel source. Clients exposure, premised upon plaintiffs inability to syndicate tax credits, exceeded $100 million. Claims were dismissed on summary judgment. Lead trial counsel in successfully defending and obtaining dismissal of $150 million insider trading claims against large financial services company. Lead trial counsel in defense of four-week arbitration involving defamation claims in excess of $3 million. Case tried to a defense verdict. Lead counsel in forcing the dismissal of a multi-million-dollar class action asserting violations of Telephone Consumer Protection Act. Lead counsel representing defendant national furniture retailer in copyright and trademark litigation brought by major competitor based on defendants use of competitors marks and product photographs for purposes of comparative advertising. Secured summary judgment on copyright claim; case dismissed. Lead counsel for large oil and gas company in multiple actions in state and federal courts in Ohio involving various challenges by landowners to the validity of oil and gas leases, in light of shale gas boom in Ohio and neighboring states. Lead counsel representing plaintiffs in $70 million action alleging securities fraud and other claims against Nationally Recognized Statistical Rating Organizations based on misstatements involving Auction Rate Securities given high credit ratings leading up to 2008 financial crisis. Lead trial attorney upon behalf of Governor Voinovichs administration of successful defense of eleven lawsuits alleging discriminatory employment practices based upon political affiliation in violation of the First Amendment. Lead trial attorney in multiple preliminary and permanent injunction actions, including actions to enforce non-compete and non-solicitation agreements and protect trade secrets. Lead counsel in defense of multiple legal malpractice actions. Lead trial attorney in multiple arbitrations tried before the National Association of Securities Dealers, Inc., and the Financial Industry Regulatory Authority. Numerous court appearances on behalf of media clients to ensure court access for both print and electronic media. Numerous original actions for writs of mandamus and/or prohibition before Ohio Supreme Court.