Litigation Group Victories at Keating Muething & Klekamp

The Litigation Group at Keating, Muething & Klekamp (KMK) has recently scored three notable victories: verdict against US Bank, victory in the United States Appeals Court and the directed verdict in the General Tool case.

The first notable victory, KMK lawyers James E. Burke and Matthew K. Buck successfully represented Fifth Third Bank, Trustee and Elizabeth Gamble Reagan v. Firstar Bank n/k/a US Bank, pending in the Court of Common Pleas for Hamilton County, Ohio. KMK represented the successor trustee and the grantor of a charitable trust in an action alleging that the original trustee breached its fiduciary duties to the Trust and its beneficiaries, by mismanaging and mishandling trust assets. Following a jury trial, in January 2005 a verdict was rendered for the Trust and the Trust was awarded damages in the full amount of its losses.

The second notable victory, KMK lawyers, James E. Burke, Patrick F. Fischer, R. Patrick DeWine and Drew M. Hicks, worked around the clock and were instrumental in a United States Appeals Court decision to overturn the district court judge’s decision to ban witnesses and challengers from Ohio polling places. The judge held a rare Sunday night hearing on October 31, 2004, in a lawsuit filed by two Hamilton County voters who were seeking to have Ohio’s fifty year old election witnesses and challengers statute declared unconstitutional. Early in the morning on November 1, 2004, the judge found the Ohio statute unconstitutional, issued an injunction, and ordered that all witnesses and challengers be excluded from all polling places throughout the state. The judge’s order was appealed later that next day by KMK attorneys, who also asked the United States Court of Appeals for the Sixth Circuit to stay the judge’s order. The Sixth Circuit consolidated the appeal of the judge’s order with an appeal of a related injunction entered by Judge John R. Adams of the United States District Court for the Northern District of Ohio. A three judge panel from the Sixth Circuit Court of Appeals issued its decision at approximately 1:30 a.m. on Election Day, November 2, 2004. The Sixth Circuit ordered that the two district court decisions be stayed pending appeal, thus allowing witnesses and challengers back into the polling places. The plaintiffs’ last minute appeal was denied by the United States Supreme Court in a written opinion by Justice John Paul Stevens at approximated 5:30 a.m. of November 2, 2004.

“To be part of such a pivotal case, in an election in which Ohio’s role was so crucial, was an honor and a privilege for our firm,” Burke and Fischer said. “As Justice Stevens noted in his opinion denying the final appeal, we had faith that the elected officials and numerous election volunteers on the ground would carry out their responsibilities in a way that would enable qualified voters to cast their ballots. Despite one of the largest turnouts in Ohio history, this is precisely what happened. All eligible votes were cast and counted and all parties were able to satisfy themselves about the fairness of the process.”

The third notable victory, KMK lawyers William A. Posey and Matthew K. Buck successfully represented General Tool in a Federal False Claims Act action. The relators in this whistle-blower action commenced their claims in 1994 asserting that General Tool, General Motors Corporation, and the Allison Gas Turbine Division of Rolls Royce Company defrauded the United States Navy in their building of gas turbine generator sets for the Navy’s newest fleet of destroyers. After almost 11 years of investigation and litigation, effective January 2005, the judge granted a directed verdict in favor of all the defendants, finding the plaintiffs’ claims legally and factually insufficient.

“The firm is proud of the skills and excellence these lawyers have displayed,” said Paul V. Muething, Managing Partner. “These successes stand as a compelling affirmation of the firm’s ability to understand our clients’ businesses and to respond to their challenges by applying sound judgment and displaying a tireless personal commitment to client advocacy.”

Our Litigation Group has the preeminent trial practice in this region with an unparalleled depth of attorneys who actually try sophisticated cases in state and federal courts throughout the country. This unique level of trial experience creates outstanding judgment and perspective in managing litigation. Our litigators are client-driven and always seek the most pragmatic, cost-effective solution for clients. We achieve the best possible results at reasonable costs, whether through an early settlement or after a lengthy trial.

KMK, founded in 1954, is a service-oriented law firm with approximately 100 lawyers and a support staff of more than 150 employees based in Cincinnati, Ohio. The firm is committed to providing efficient, valuable and cost-conscious legal services to its clients.