Experience Alan H. Abes

Experience

Counseled Leading ULT Freezer Company through Merger

Client: Stirling Ultracold

We counseled our client, Stirling Ultracold, an innovative developer and manufacturer of ultra-low temperature (ULT) freezers for life science and biopharma research, through its merger with BioLife Solutions, Inc., a developer focused on bioproduction devices used in cell and gene therapies. The all-stock mergers was in excess of $230 million.

Stirling’s CEO saw the potential for increased demand for the company’s freezers during the COVID-19 pandemic as the freezers were a direct competitor to dry ice used in storing the COVID-19 vaccine. Merging with BioLife enabled Stirling to execute an aggressive strategic plan marketing and selling its freezers. Dinsmore served as the company’s general counsel since 2019, and our team of attorneys brought experience in mergers and acquisitions, labor, insurance, and life sciences, all of which was necessary to fully understand and address the company’s specialized needs. We counseled our client through the merger while simultaneously defusing challenges. Our team’s collective experience enabled Stirling’s executives to address the company’s short-term needs while also achieving its long-term goal.

“The entire team at Dinsmore was, by far, the best engagement I have had in the 15-plus strategic transactions I have done throughout my career,” said previous Stirling Ultracold CEO Dusty Tenney, now COO and president at BioLife. “Their responsiveness, engagement, availability and deal leadership were extraordinary from LOI to closing.”

Privacy Act case involving first impression

We successfully briefed and argued an issue of first impression related to the Privacy Act before a three-judge panel in the Sixth Circuit Court of Appeals (Shearson v. Dept. Homeland Security, 638 F.3d 498 (6th Cir. 2011)).

Alleged Violations of Fair Debt Credit Protection Act

We represented a debt purchaser when a consumer brought a class action counterclaim against the client for alleged violations of the FDCPA and Kentucky usury laws. The consumer argued that the National Bank Act did not preempt Kentucky usury laws and that the Dodd-Frank Act no longer allowed federal preemption to assignees. Summary Judgment was granted to debt buyer.

Anonymous Plaintiff v. City / Village

Briefed municipal taxation issue to Ohio Supreme Court. Court principally adopted brief to overturn prior case law and establish new standard for municipal pre-emption.

Anonymous Plaintiff v. Insurance Company

Plaintiff filed suit for defense and indemnification under homeowners and personal umbrella policies. The carrier denied coverage because the policyholder engaged in excluded business pursuits and intentional acts. After extensive discovery over contested facts, the carrier obtained summary judgment in a lengthy court opinion on all multiple and independent grounds briefed.

Anonymous Plaintiff v. Insurance Company

Obtained summary judgment for carrier on pollution exclusion. Decision upheld after briefing and oral argument to state court of appeals.

Anonymous Plaintiff v. Insurance Company

Plaintiff filed suit for benefits under a life insurance policy. The carrier denied coverage because the policy terminated and the reinstatement application was still pending when the policyholder passed away. We removed the case to federal court and obtained summary judgment, defeating a cross-motion for summary judgment which attempted under a state supreme court decision to have coverage bound upon tender of the application. After briefing and oral argument, the Third Circuit Court of Appeals affirmed summary judgment for the carrier.

Anonymous Plaintiff v. Self-Insured Large Corporation

We handled multiple Scott-Pontzer claims for Self-Insured Large Corporation, including one lawsuit alleging seven figure damages. All claims were appropriately denied or dismissed based on arguments as to the inapplicability of the Scott-Pontzer line of cases to self-insureds. We also filed an amicus curiae brief in the Ohio Supreme Court arguing the same and urging reversal of Scott-Pontzer. The court then abandoned Scott-Pontzer in a contemporaneous case.

Anonymous Plaintiffs / Claimants v. Insurance Company

Serving as national counsel, we provide coverage opinions and advise carrier as to appropriate and consistent claims handling for multiple property claims, including hurricane, wind, fire, vandalism, water damage, hail, and similar perils. Where applicable, we manage local counsel and help shape strategy for discovery, briefing, trial, and settlement. We have defended depositions, defended subpoenas, and mediated claims on the client's behalf. We also directly defend such claims regionally. We have performed similar functions as national coordinating counsel for mold, Y2K, and liability/casualty claims.

Anonymous Plaintiffs v. Debt Purchaser

We serve as national coordinating counsel for Debt Purchaser in the appropriate handling of consumer debt collection and the defense of FDCPA and related litigation, including class action litigation. We manage local counsel and coordinate all aspects of litigation.

City

Successfully prosecuted multiple property annexations for City in front of County Commissioners, including appeal to Court of Common Pleas.

City / Village v. Property Owners

Tried eminent domain suit to conclusion. Jury award in between both sides' fair market value expert testimony. In separate cases, successfully defeated challenge to right-to-take before settling.

Prime Contractor v. Owner and Project Engineer

Obtained multi-million dollar settlement for Prime Contractor in large, complex action against Owner and Project Engineer for delay, interference, breach of contract, and related claims. The case involved significant electronic and paper discovery, extensive deposition practice, extensive motion practice, multiple experts, complex case management methods, and varied methods of alternative dispute resolution.

Village

Negotiated and guided passage of complex Planned Unit Development Zone with developer and multiple governmental and private stakeholders for large redevelopment of industrial property into mixed office and retail use

Village

Represented Village as owner of large, multi-year flood control project in negotiations with co-owner City, contractors, public utilities, private landowners, and U.S. Army Corps of Engineers. The project included contract negotiation, contractor claims, eminent domain, property acquisition, government compliance, utility relocation, and legislation.

Alan H. Abes

Experience

Counseled Leading ULT Freezer Company through Merger

Privacy Act case involving first impression

Alleged Violations of Fair Debt Credit Protection Act

Anonymous Plaintiff v. City / Village

Anonymous Plaintiff v. Insurance Company

Anonymous Plaintiff v. Insurance Company

Anonymous Plaintiff v. Insurance Company

Anonymous Plaintiff v. Self-Insured Large Corporation

Anonymous Plaintiffs / Claimants v. Insurance Company

Anonymous Plaintiffs v. Debt Purchaser

City

City / Village v. Property Owners

Prime Contractor v. Owner and Project Engineer

Village

Village

Find an attorney

Find an attorney

Find a Service