When his clients need assistance, whether it be with an individual or class action case, complex or routine issues, Toby is able to provide the skills necessary to achieve an optimal result through the litigation process in an even-keeled, results-oriented manner. In an era where many civil litigators have increasingly limited courtroom experience, he sets himself apart with extensive and meaningful experience as a trial lawyer. He has represented his clients as lead counsel in more than 40 jury trials successfully tried to a verdict in state and federal courts in 9 different states throughout the country. He has also successfully handled dozens of bench trials and arbitration proceedings in multiple jurisdictions. He has successfully handled cases ranging from catastrophic injury or wrongful death claims, complex commercial and business litigation disputes, class action cases, construction defect claims, breach of warranty or lemon law matters, real estate disputes, and countless others.  He has also successfully defended more than 50 putative class action cases in state and federal courts throughout the country.

Toby has a local, regional, and nationwide practice having litigated or managed individual or class action litigation in nearly every state in the country. He also has significant appellate experience, having successfully navigated his clients through a variety of complex issues, and argued before the U.S. Sixth Circuit Court of Appeals, Supreme Court of Ohio, and all twelve of Ohio’s appellate districts. Toby regularly counsels clients in the financial services industry, including banks, mortgage servicers, lenders, and debt recovery agencies.  In that role, he has defended individual and class-based claims asserting alleged violations of RESPA, FCRA, TILA, ECOA, FHA, FDCPA, TCPA, various state consumer protection statutes, and common law claims. 

A considerable portion of Toby’s practice also involves defending motor vehicle manufacturers and distributors, and several other manufacturing or component supplier clients, in individual and class action cases involving consumer sales practices, product liability, dealer protest actions, fraud and warranty claims. He has successfully defended multiple class action cases arising out of product recalls or other alleged product defects where the plaintiff class seeks the recovery of diminished value or other economic damages.  He currently serves as national coordinating counsel for all of the warranty litigation claims asserted against a major international motor vehicle manufacturer.

With regard to his class action experience, Toby has handled all aspects of class action litigation including responding to class-based discovery, opposing class certification, preparing motions to dismiss or summary judgment, and negotiating settlement on an individual or class-wide basis.  In that role, he has successfully defended putative class claims ranging from a proposed class of employees from a single employer to proposed nationwide classes.  He has developed effective and creative strategies to oppose or limit class certification, and has established relationships with a diverse network of expert witnesses to address issues which typically arise in class action cases.

Toby also has significant experience handling a variety of commercial, business, real estate and trade secret litigation matters for a diverse set of clients, including professional service providers, plumbing companies, consumer good manufactures, general contractors, subcontractors, material or component suppliers, non-profit companies, and healthcare providers.

In addition to his considerable trial experience, he has successfully helped his clients achieve settlement in litigated matters. He has an ability to come up with creative “out of the box” settlement concepts and has an ability to find common ground, when appropriate, between his clients and their adversaries.  By utilizing his extensive trial and appellate experience, Toby is able to provide his clients with honest and thorough assessments about potential risk and exposure, enabling him to assist his clients with achieving cost-effective resolutions to minimize risk and exposure.

Toby is actively involved in the community and internally at Dinsmore.  Toby has served on various non-profit Boards, and is currently the chair-elect of the Board of Directors for the largest soup kitchen and social services provider in Greater Cincinnati.  He also previously chaired a large fundraising event for the American Cancer Society, and has spent many years volunteering as a youth soccer, basketball, and track coach.  He has chaired or co-chaired Dinsmore’s Associate Evaluation Committee for many years, and is a member of Dinsmore’s Board of Directors.