Aggressive Television Network Litigation for Time Warner Cable
Kegler Brown represented Time Warner Cable in a re-transmission consent dispute related to the cable system’s carriage of a Columbus network television station and a statewide cable news station owned by the same company. The representation included aggressive, expedited litigation as part of an overall strategy that included a simultaneous large-scale media blitz focused upon winning customer and public support for the company’s position. Through this representation, we helped the client achieve all of their objectives regarding the outcome of this dispute.
Preventing Class Certification and Forcing Arbitration
Kegler Brown represented a national seller of extended automobile warranties in preventing class certification and forcing arbitration of the central claims in the case. The customers purchasing the warranties completed short-form applications in connection with their purchases and the subsequently received warranty document included an arbitration provision. Following two interlocutory appeals to the United States Court of Appeals for the Sixth Circuit, we were successful in forcing arbitration and driving the case to a successful resolution for our client. We simultaneously resolved an Ohio Attorney General’s Office investigation focused on the same practices favorably for the client.
Design + Construction Defect Litigation
We represented the Montgomery County (Ohio) Board of County Commissioners in connection with a large-scale park and outdoor entertainment development in a metropolitan area. Various aspects of the development were not completed as represented and we initiated litigation against a number of parties, including an international landscape architecture firm, as well as other contractors and product suppliers. After two weeks of jury trial, the matter was resolved through our client’s receipt of an amount in excess of all repair and remediation costs, as well as its seven-figure legal fees and related costs.
National Franchisee Putative Class Action Litigation
Kegler Brown defended a nationally known franchisor in putative class action litigation alleging RICO, Fraud and Antitrust Claims pertaining to various aspects of the franchise system. The lawsuit included claims related to product and service supplier arrangements, as well as marketing fees paid to the franchisor by product manufacturers and suppliers. We successfully prevented class certification, obtained the dismissal of most of the claims, and resolved the remaining litigation with a nuisance value settlement.
Our attorneys represented an international dairy product supplier and several of its subsidiaries in federal grand jury investigations and civil litigation initiated by the Ohio Attorney General’s Office on behalf of hundreds of Ohio school districts. The civil litigation and simultaneous criminal investigations spanned several years. Our client prevailed in a court-ordered summary jury trial of the civil litigation that lasted for several weeks, following which all related litigation and investigations were favorably concluded for our client.