Plaintiff hotel owners filed a $300,000 suit against our client, a painting and moisture proofing subcontractor, and against the coating manufacturer for moisture damage to the hotel.  The claim settled favorably for the client after mediation and before trial.

A medical monitoring action tried to a defense verdict in state court in Wheeling, West Virginia in 2001 that was instituted against multiple tobacco companies by a class of West Virginia smokers who sought medical monitoring in the form of CT scanning and spirometry to screen for smoking related disease.  In this action (which was affirmed on appeal) Dinsmore & Shohl represented The American Tobacco Company and Brown & Williamson Tobacco Corporation.  In addition to acting as trial counsel, Dinsmore & Shohl consulted with and retained pre-eminent experts in the fields of public health, preventive medicine and pulmonology to develop and present a scientifically sound defense in emerging areas of law and medicine.

Plaintiff brought class action intentional tort claims and product liability claims. Successfully negotiated dismissal of claims against client without payment by client.

As national coordinating counsel and trial counsel, Dinsmore & Shohl defended a distributor of phentermine in the multi-district product liability litigation related to the diet drug commonly known as fen-phen.  Mr. Brittingham assisted the team that represented the client nationally.  Additionally, as local and regional counsel, Mr. Brittingham managed the litigation and discovery of claims pending in Kentucky, successfully obtaining their dismissals.

Trial counsel for Brown & Williamson in dozens of tobacco/smoking cases including obtaining a defense verdict in a class action in West Virginia making claims for medical monitoring.

Defended premises liability cases for auto parts client and major retailer.

Our client, a turbine manufacturer, contracted with a regional gas & electric company for the sale, construction, and installation of a turbine generator and associated equipment for use at one of its power stations.  The gas & electric company filed a suit seeking in excess of $1 million, alleging that during installation, our client failed to properly install the generator and that the generator suffered substantial damage when certain parts broke. Plaintiff asserted claims for negligence and breach of contract.  We obtained summary judgment for the Defendant, arguing the contract and the economic loss rule precluded all of Plaintiff's claims. The Sixth Circuit Court of Appeal upheld summary judgment.

Our firm acted as National Coordinating Counsel and handled serial product liability construction litigation throughout the country totaling $100 million involving EIFS exterior cladding.  We were retained to represent dozens of clients in the construction industry in over 500 EIFS litigation cases, all of which proceeded through mediation, arbitration, trial or appeal.

Dinsmore & Shohl represented its tobacco clients in cases in a variety of state and federal courts participating in out of town trials in six cases.  The cases ranged from medical monitoring class action to a major consolidated personal injury matter to individual lawsuits involving claims of lung cancer, peripheral vascular disease, laryngeal cancer, etc.  The cases involved significant document management, as well as complex legal, factual and medical issues.  All cases were fully litigated and either dismissed, disposed of on motion or tried to a verdict.  In no case handled by Dinsmore & Shohl were the clients subject to punitive damages.