Kip T. Bollin

Practices

• Product Liability Litigation
• Business Litigation

Professional Experience

Kip is a partner in the firm's litigation area. He focuses primarily on the defense of complex product liability and business claims, including putative class actions.

In the Product Liability area, he represents major corporations in the defense of putative class actions, personal injury, mass torts, toxic torts (including claims alleging exposure to silica, diisocyanate (MDI), welding rod fumes and asbestos), employment-related torts, and premises liability actions. Kip defends major manufacturers of both heavy industrial and consumer products from wrongful death claims and claims involving serious economic and physical damages.

Kip's Business Litigation practice includes the defense of putative class actions, commercial claims, intellectual property claims (litigation counsel, working with patent counsel), and other claims in Federal Court.

Kip is the Immediate Past President, and Delegate to National Council of the Federal Bar Association's Northern Ohio chapter. Prior to joining the firm, Kip was a law clerk to the Honorable Sam H. Bell of the Northern District of Ohio, Eastern Division, 1995-1997.

Bars

Kip is admitted to the Bars of the states of Ohio and Colorado (inactive in Colorado), the Northern District of Ohio, the Southern District of Ohio, the Western District of Michigan, the Sixth Circuit Court of Appeals, and the Supreme Court of the United States.

Appointment

Kip was appointed to, and currently serves on, the eight member Nominations and Elections Committee that is responsible for nominating and electing national officers of the Federal Bar Association.

Kip also serves on the Northern District of Ohio's Judicial Advisory Group.

Education

• Georgetown University Law Center, J.D., 1995, Articles Editor, Georgetown Journal on Poverty Law & Policy
• New York University, B.A., 1992, cum laude

• Mass and Toxic Torts
• Obtained summary judgment on three separate plaintiffs' claims arising out of alleged contracting of Legionnaires' Disease.
• Defense of Fortune 100 manufacturer in hundreds of suits alleging injury due to exposure to welding fumes.
• Obtained dismissal of hundreds of silica claims for Fortune 500 manufacturer.
• Defense of defendants in asbestos exposure cases.
• Class Actions
• Defense of putative class actions for financial institutions and loan servicers involving:
  - alleged failure to comply with Ohio mortgage loan laws
  - alleged failure to comply with Ohio personal loan laws
  - alleged breach of contract and misapplication of payments
  - alleged unauthorized practice of law arising out of the assessment of document preparation fees
• Defense of putative class actions for manufacturers involving:
  - alleged exposure to welding fumes
  - alleged exposure to silica
  - alleged exposure to isocyanates
  - alleged false advertising of power drill
• Defense of Consumer Sales Practice Act and Deceptive Trade Practices Act claims for producer of juice.
• Defense of Consumer Sales Practice Act and Deceptive Trade Practices Act claims for manufacturer of hair product.
• Trials
• Successful pursuit of foreign manufacturer for patent infringement, as local trial counsel with outside patent counsel, resulting in jury finding of willfulness and resulting in judgment in excess of $24 million.
• Obtained substantial jury verdict for manufacturer client arising from negligent service of industrial boiler, resulting in explosion.
• Successful jury trial defense of Fortune 100 manufacturer from claims involving closed head injury.
• Jury trial defense of business litigation dispute involving guaranty of loan.
• Obtained dismissal at bench trial of engine warranty claim after cross-examination of plaintiff's president.
• Product Liability Defense
• Defense of Fortune 500 appliance manufacturers in cases alleging product liability, design defect, failure to warn and negligence.
• Defense of Fortune 100 manufacturer of construction and mining equipment in wrongful death and personal injury claims.
• Defense of alleged food contamination cases for Fortune 500 company.
• Achieved dismissal of defect and failure to warn claims against rubber calender manufacturer based on successor liability doctrine.
• Premises Liability/Negligence Claims
• Successfully defended through summary judgment dozens of negligence and employment intentional tort claims.
• Defense of carbon monoxide death claim arising out of alleged negligent design of building.
• Defense of standard-setting association in swimming pool-related quadriplegic injury case alleging negligence.
• Defense of major hotel chain in wrongful death case involving death of minor in swimming pool.
• Defense of wrongful death claim arising out of employee failure to follow energy control safety policies.
• Defense of major construction management firm in wrongful death claim.
• Defense of alleged serious burn injury claim involving industrial mold line.
• Summary judgment on workplace intentional tort case based upon danger in workplace of which employer had no knowledge.  Successful defense on appeal.
• Defense of employment intentional tort claim where employee plaintiff failed to follow workplace safety lock-out and tag-out procedures.
• Defense of employment intentional tort claim involving fall from roof.
• Defended major injury claim based upon loss of control of crane resulting in dropping of 20-ton coil of steel on truck.
• Defended premises liability actions arising out of accident involving alleged natural accumulation of ice and snow.
• Defense of premises liability action arising out of pedestrian versus snow plow accident.
• Defense of premises liability claims based on alleged inadequate lighting.
• Business Litigation
• Defense of financial institution from alleged nuisance action brought by governmental entity arising out of foreclosures.
• Defense of multiple putative class actions for major financial institutions and servicers.
• Achieved appellate reversal of sanctions awarded at trial court level in alleged breach of fiduciary case for major financial institution.
• Involved in pre-suit resolution of Qui Tam (False Claims Act) action brought by government against major supplier of product used in government construction.
• Mid-six figure recovery on behalf of health insurance provider to recover amounts owed under contract.
• Arbitration defense of construction contractor and successful prosecution of counterclaim for payments owed.
• Successful pursuit of counterclaim for major supplier of services to big box retailers.
• Obtained return of airplane parts for aftermarket reconditioner and supplier.
• Defense of fraud claims based upon alleged nondisclosures in sale of personal real estate.
• Successful resolutions of engine warranty claims for Fortune 200 manufacturer of heavy industrial and agricultural machinery.
• Successfully resolved action arising out of termination of contractor for onsite trucking services.
• Achieved dismissal of seven-figure claim against construction contractor in claim by Ohio Attorney General arising out of water damage to state-owned building during construction project.
• Pursued breach of warranty claims against specialty tool manufacturer over failed million dollar industrial grinder.
• Intellectual Property Litigation
• Successful pursuit of Chinese manufacturer for patent infringement, as local trial counsel with outside patent counsel, resulting in jury finding of willfulness and resulting in judgment in excess of $24 million.
• Defense of RF and AM security device manufacturer and developer in patent infringement action and assertion of patent infringement counterclaims.
• Defense of website developer in cases involving alleged breach of contract, replevin and breach of warranty; established first Ohio recognition of artisan's lien on computer servers.
• Obtained dismissal of manufacturer of radiological equipment in alleged computer software copyright violation action.
• Defense of design patent infringement claim for manufacturer of children's toys.
• Insurance Coverage
• Successfully pursued third-party claim for indemnity and insurance coverage, resulting in zero-payout for client in seven-figure product liability case.
• Prosecution of claims on behalf of Fortune 100 company to recover millions of dollars in insurance proceeds due to business interruption caused by failure of inductor and run-out of molten iron.
• Achieved 20 dismissals of insurance coverage claims based on employer's CGL and personal auto policies.
• Repeated successful tenders of defense and coverage on behalf of insureds.
• Warnings Review and Drafting
• Development of product warning labels for retail distribution of consumer product.
• Evaluation of product warnings and instructions for heavy machinery.
• Drafting of warranties, manuals and evaluation of product warnings for communications products.
• Drafting of warnings and disclaimers for household product; drafting related provision of distributor and independent contractor agreements.
• Drafting of warranty provisions for multiple consumer-facing products.
• Fire/Explosion Cases
• Defense of propane tank valve manufacturer in propane-powered grill fire/explosion involving alleged burn injuries and property damage.
• Achieved dismissal in explosion and major burn injury case for propane producer.
• Obtained dismissal of claim alleging product defect in appliance brought after kitchen fire.
• Achieved dismissals of multiple fire damage claims for small appliance manufacturer.
• Defended "sooting" claim alleged against furnace manufacturer.
• Electronics Manufacturing
• Defense of electronic circuit board manufacturer of assembly materials in product liability and breach of warranty claims.
• Drafted distributor agreement for electronics manufacturing products designer and seller.
• Pro Bono
• Pro bono appellate representation of white collar criminal conviction involving wire fraud, mail fraud and money laundering.
• Member of firm Pro Bono Committee, directly supervising hundreds of hours of pro bono service, and indirectly involved in thousands of firm hours of pro bono service per year.
• Reported Cases
• Vanyo v. Citifinancial, Inc., 183 Ohio App. 3d 612, 2009-Ohio-3905 (Cuyahoga Cty. App. 2009)
• Chokan v. Ford Motor Co., 2006 Ohio 5564 (8th Dist. 2006)
• Ballard v. Ford Motor Co., 2005 Ohio 2624 (8th Dist. 2005)
• Malkamaki v. Sea Ray Boats, Inc., 411 F. Supp. 2d 737 (N.D. Ohio 2005)
• Range v. Ford Motor Co., 412 F. Supp. 2d 732 (N.D. Ohio 2005)
• United States v. Wood, 364 F. 3d 704 (6th Cir. 2004)
• In re Guardianship of Skrobut, 2003 Ohio 1434 (7th Dist. 2003)

• “2011: The Supreme Court Impacts Class Action Litigation” · OSBA Sixth Biennial Federal Bench Bar Conference, October 2011
• Co-Author, "Common Interest Agreements: Protect the Privilege" · ACC Docket, July/August 2010
• Co-Author, "Greenwashing Class Action Lawsuits" · Inter Alia, Federal Bar Association, Summer 2010
• Co-Author, "The Coming Wave of Greenwashing Class Action Lawsuits" · The Voice, Defense Research Institute, May 12, 2010
• "Old False Claims Act Now Has New Relevance" · Crain's Cleveland Business, September 9-15, 2002

• Moderator, “Making a Federal Case Out of It”, ACC-FBA CLE Seminar, May 2012
• Northern District of Ohio Break-Out Session on Economic Impact of Court Proceedings on Parties and Counsel, Sixth Circuit Judicial Conference, April 2012
• “What’s Next in Chemical Industry Regulation, Litigation and Advice”, Thompson Hine Chemical Initiative CLE Seminar, December 2011
• “Developments in Class Action Management”, Sixth Biennial Federal Bench Bar Conference, October 2011
• "Class Action: Shady Grove and Beyond", DRI Product Liability Conference, April 2011
• "Best Practices to Eliminate Contractor Liability", Plant Safety: Reducing Risks and Liability Seminar, Ohio Chemistry Technology Council and Thompson Hine, June 2010
• "Best Practices on Managing Mass Torts", DRI Panel Presentation, April 2010
• "Consumer Class Actions" Advanced Federal Practice Seminar, Federal Bar Association, November 2008
• "Prescription for a Product Recall: Strategies to Remedy Risks", Thompson Hine, Atlanta, May 2008
• "Motion Law: From Basic to Advanced Procedures in Ohio; Motion Strategy", Lorman Education Services, May 2006
• "Premises Liability in Ohio", Lorman Education Services, October 2003
• "Understanding and Avoiding Whistleblower Lawsuits", Employers' Resource Council, December 2002

• Martindale-Hubbell - A.V. rating
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine in 2011 and 2012