Jack F. Fuchs

Practices

• Business Litigation
• Employee Benefits & Executive Compensation
• ERISA Litigation

Professional Experience

Jack is a partner who focuses his practice on litigation involving ERISA, fiduciary, insurance coverage, financial institution and professional malpractice issues.

From 1982 to 1984, Jack was law clerk to the Honorable John W. Peck, United States Court of Appeals for the Sixth Circuit. Jack is admitted to practice in Ohio and Kentucky, as well as the United States Supreme Court, the United States Courts of Appeal for the Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits, and the United States District Courts for the Southern Districts of Indiana and Ohio, Northern Districts of Illinois, Indiana and Ohio, Western Districts of Arkansas, Kentucky, Michigan and Wisconsin, Eastern District of Arkansas and Kentucky, and the Central District of Illinois.

Education

• University of Cincinnati, J.D., 1982, Order of the Coif; Law Review, Lead Articles Editor
• University of Cincinnati, M.A., 1976
• The University of Chicago, B.A., 1974

• ERISA Representations
• Defense of pension plan and fiduciaries in correction of pension calculations, Ramsey v. Formica Corp., 33 EBC 1095 (S.D. Ohio 2004), aff’d, 398 F.3d 421 (6th Cir. 2005), cert. denied, 126 S. Ct. 340 (2005), on remand, 2006 U.S. Dist. LEXIS 966 (S.D. Ohio Jan. 5, 2006)
• Defense of whipsaw class challenge to cash balance plan, Goins v. KeyCorp Cash Balance Pension Plan, No. 3:04cv7191 (N.D. Ohio 2004)
• Representation plan sponsor in union retiree health action. Noe v. PolyOne Corp., 2006 U.S. Dist. LEXIS 92098 (W.D. Ky. 2006)
• Representation of employer in withdrawal liability action, Board of Trustees, IBEW Fund v. The Davey Tree Expert Co., 2:07cv261 (W.D. Pa. 2007)
• Defense of plan sponsor in retiree health case, Hardy v. Midland Enterprises, Inc., 2003 U.S. App. LEXIS 8426 (6th Cir. 2003)
• Pursuit of action against service provider on behalf of plan sponsor, Clevenger v. Dillard's, Inc., 2007 U.S. Dist. LEXIS 73549, 41 EBC (BNA) 2705 (S.D. Ohio 2007)
• ERISA preemption defense of managed mental health care client in wrongful death action, Tolton v. American Biodyne, Inc., 48 F.3d 937 (6th Cir. 1994)
• Defense of ERISA interference and breach of fiduciary duty class claims, Varhola v. Doe, 820 F.2d 809 (6th Cir. 1987)
• Representation of trustee in fiduciary duty claim. Friedrichsen v. Massillon-Cleveland-Akron Sign Co., 2007 U.S. Dist. Lexis 21471 (N.D. Ohio 2007)
• Representations of claims administrators in QDRO disputes, Metropolitan Life Ins. Co. v. Cronenwett, 162 F. Supp. 2d 889 (S.D. Ohio 2001)
• Defense of class action ERISA health claims, Kentucky Laborers Dist. Council Health & Welfare Trust Fund v. Hill & Knowlton, Inc., 24 F. Supp. 2d 755 (W.D. Ky. 1998)
• Defense of ERISA class claims involving plan termination and reversion, Jensen v. Moore-Wallace, 2006 U.S. Dist. LEXIS 57448 (N.D. Ohio 2006), aff'd, 2007 U.S. App LEXIS 20417 (6th Cir. 2007)
• Defense of ERISA § 510 class claims at nuclear munitions plant resulting in settlement with no payment to plaintiffs’ counsel and no class certified, Shepherd v. Babcock & Wilcox of Ohio, No. C-3-98-391 (S.D. Ohio 2001)
• Defenses of claims administrators on claims for benefits, Hensley v. Parker-Hannifin Corp., 2006 U.S. Dist. LEXIS 7433 (E.D. Tenn. 2006); Nichols v. UNUM Life Ins. Co., 2005 W.S Dist. LEXIS 37017 (S.D Ohio 2005), aff'd, 2006 U.S. App. LEXIS 21505 (6th Cir 2006); Steers v. UNUM Life Ins. Co, 2006 U.S. Dist. LEXIS 35397 (S.D. Ohio 2006); Slater v. Newell Rubbermaid, Inc., 2005 WL 1651970 (M.D. Pa. 2005); Gilliam v. Convergys Corp., 3:05cv00050 (M.D. Fla. 2005); Nichols v. UNUM Life Ins Co., 36 EBC 1274 (S.D. Ohio 2005); Washburn v. UNUM Life Ins. Co., 43 F. Supp. 2d 848 (S.D. Ohio 1998), aff’d, 2000 U.S. App. LEXIS 6481 (6th Cir. 2000); Torello v. UNUM Life Ins. Co., 1999 U.S. App. LEXIS 32228 (6th Cir. 1999); Mitchell v. First UNUM Life Ins. Co., 65 F. Supp. 2d 686 (S.D. Ohio 1998)
• Defense of class ERISA claims  by union funds, Kentucky Laborers Dist. Council Health & Welfare Trust Fund v. Hill & Knowlton, 24 F. Supp. 2d 755 (W.D. Ky. 1998)
• Counseling of clients regarding pension and welfare plans, retiree health, union mandated benefits, and long-term disability benefits
• Defense of directed trustee in 401(k) consolidated class action
• Defense of ESOP sponsor in DOL breach of fiduciary duty action involving valuation of ESOP stock sold upon ESOP termination
  
  
• Fiduciary Dispute Representations
• Representation of trustee in fiduciary dispute, Dater v. Charles H. Dater Foundation, Inc., 2006 Ohio 2479 (2006).
  
• Representation of beneficiaries in trust dispute, Fifth Third Bank v. Pritchard, 1990 Ohio App. LEXIS 4386 (1990)
• Representation of The Greater Cincinnati Foundation in a cy pres class action to recover charitable contributions to entity withdrawing from region
• Representation of heir in trust dispute, Fifth Third Bank v. Crosley, 79 Ohio Misc. 2d 10, 669 N.E.2d 904 (1996)
• Representation of estate in Hamilton County Probate Court in removing fiduciary and estate counsel to address theft
• Representation of children in appointment of guardian for parent in dispute with stepparent
• Representation of charity in trust action involving adult adoptees
  
  
• Business Litigation
• Representations of cooperative in numerous hedge-to-arrive contract litigations, Countrymark Cooperative, Inc. v. Smith, 124 Ohio App. 3d 159, 705 N.E.2d 738 (1997), cert. denied, 81 Ohio St. 3d 1496, 691 N.E.2d 1058 (1998); Carr v. Countrymark Cooperative, Inc., 1998 U.S. Dist. LEXIS 23000 (S.D. Ohio 1998)
• Representation of candidate in mandamus action, State ex rel. Barth v. Hamilton City. Bd. of Elections, 65 Ohio St. 3d 219, 602 N.E.2d 1130 (1992)
• Representation of creditor coal company in fraudulent conveyance judgment in Maryland Bankruptcy Court
• Representation of national bank in defense of Fair Credit Reporting Act actions, enforcement of liens, foreclosures, and employment disputes, Chase Bank of Ohio v. Brookstone Ohio Partnership, 1990 Ohio App. LEXIS 764 (1990)
• Representation of parties in non-competition clause and trade secret actions
• Representation of landowner's elections challenge to zoning, Todd Development Co. v. Butler Cty. Bd. of Elections, 1992 Ohio App. LEXIS 94 (1992)
• Representation of University of Dayton in indemnity action, University of Dayton v. Mid American Federal Savings & Loan Ass'n, 1993 Ohio App. LEXIS 572 (1993)
• Defense of brokers/issuers in numerous NASD arbitrations
• Representation of broker in MDL class action litigation
• Representation of condominium, River Terrace Condominium Ass’n v. Lewis, 33 Ohio App. 3d 52, 514 N.E.2d 732 (1986)
  
  
• Professional Responsibility Representations
• Representation of law firm in tax controversy dispute,  Lucas-Plaza Hous. Dev. Corp. v. Corey, 23 A.D.3d 217, 805 N.Y.S.2d 9 (2005)
• Representation of national accounting firm relating to savings and loan litigations, Harris v. Alexander Grant & Co., 61 Ohio App. 3d 172, 572 N.E.2d 226 (1990); Alexander Grant & Co. v. McAlister, 31 Ohio App. 3d 96, 508 N.E.2d 1032 (1986)
• Representation of national accounting firm in professional malpractice action involving tax services
• Representation of national accounting firm in professional malpractice actions involving management consulting services
• Representation of national accounting firm in actions alleging improper treatment/termination of former partners/principals
• Representation of national accounting firm in administrative proceedings before FDIC, OTS and SEC
• Representation of regional accounting firm in withdrawal of SEC regulated client from representation
• Representation of national law firm in Internal Revenue Service audits
• Representation of judicial candidate in ethics complaint
• Representation of national and regional law firms in malpractice actions
• Representation of national law firm in dispute with vendors
• Representation of managed mental health care provider on claim of professional misconduct, Calvaruso v. Ohio Biodyne, Inc., 1996 Ohio App. LEXIS 35, cert. denied, 75 Ohio St. 3d 1512, 665 N.E.2d 681 (1996)
• Representation of accountant in malpractice litigation filed by mutual funds
  
  
• Insurance Coverage Disputes
• Representation of insurance company’s denial of multi-million boiler and machinery claim, Ratliff Enterprises, Inc. v. American Employers Insurance Co., 334 Ark. 547, 975 S.W.2d 837 (1998)
• Representation of insurance company in obtaining reversal of trial court’s multi-million dollar judgment, Aetna Cas. & Surety Co. v. Ply Gem Indus., Inc., 343 N.J. Super. 430, 778 A.2d 1132 (2001)
• Representation of insurers in coverage dispute actions, American Employers Inc. Co. v. Metro Regional Transit Auth., 12 F.3d 391 (6th Cir. 1993); Bellaire TV Cable Co. v. Valley Construction Co., 2002 Ohio App. LEXIS 3231 (2002); Gironda v. Gill, 2000 Ohio App. LEXIS 3566, cert. denied, 90 Ohio St. 3d 1493, 739 N.E.2d 817 (2000); Lawrence v. American Nat’l Red Cross, 1995 Ohio App. LEXIS 648 (1995); Liberty Savings Bank v. Lawyers Title Ins. Co., 1990 Ohio App. LEXIS 5845 (1990)
• Representation of insured in claim for defense costs, Panzica Construction Co. v. Ohio Casualty Ins. Co., 1996 Ohio App. LEXIS 1975 (1996), cert. denied, 77 Ohio St. 3d 1481, 673 N.E.2d 142 (1997)
  
  
• Expert Testimony
• Report on behalf of plan sponsor in ERISA retiree health class action, Solutia, Inc. v. Forsberg, No. 02-14990 (11th Cir. 2004)
• Report on fees in ERISA fiduciary dispute, Dalesandro v. International Paper Co., No. 1:01-cv-109 (S.D. Ohio 2005)
• Testimony as to reasonable value of attorney fees on behalf of counsel involved in eminent domain action (Warren Cty. C.P. 1999)

• "The Cash Balance Controversy: Fitting Square Pegs Into Round Holes" · Federal Tax Management Memorandum, December 1, 2003
• "Federalizing State Law Tort and Contract Claims: The Scope of ERISA Pre-emption" · Federal Bar News and Journal, 1992
• Comment, "Exhaustion of State Administrative Remedies in Section 1983 Actions" · Cincinnati Law Review, 1982
• Note, "Rhode Island v. Inglis" · Cincinnati Law Review, 1981

• Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Employee Benefits & Executive Compensation, Ohio, 2006, 2007, 2009, 2010, 2011
• Listed in The Best Lawyers in America, 2012
• Cincy Business Magazine's Leading Lawyers (2006: Employment Law) (2007: Business Litigation)
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine, 2007 and 2010-2012