Overview

Tim is chair of our Mass & Toxic Tort Group and leads our Chemical Industry Group, a multidisciplinary practice group focused on finding creative solutions to our clients' concerns and issues in the chemical industry. Tim is the Firm's representative to the Ohio Chemistry Technology Council and SOCMA. He focuses his litigation practice on mass and class action toxic torts, product liability, and commercial litigation, on a national basis. Tim has represented our clients in over twenty-three states and Canada. Tim is the lead counsel for a number of chemical companies and the industry trade association on national litigation involving chemical exposures. Tim is the 2014-2016 Committee Chair of the Defense Research Institute's Toxic Tort Environmental Law Committee (Committee Vice Chair 2013 and 2014) and former member of DRI's Corporate Counsel Roundtable Steering Committee.

Experience
Reported Cases - Ohio Supreme Court
  • Valentine v. Conrad, 110 Ohio St. 3d 42 (2006)
  • Michaels v. Ford Motor Company, 650 N.E.2d 1352 (Ohio S. Ct. 1995).
Reported Cases - Federal Circuit and District Court
  • Taylor v. Am. Chemistry Council, 2009 U.S. App. LEXIS 17321 (1st Cir. Mass. Aug. 3, 2009)
  • BP Chemicals, Inc. v. First State Insurance Co., U.S. Ct. App. 6th Cir., 2000 U.S. App. LEXIS 22136.
  • Maddox v. Ford Motor Company, U.S. Ct. App. 6th Cir., 1996 U.S. App. LEXIS 16831.
  • Feistner v. Ford Motor Company, U.S. Ct. App. 6th Cir., 1996 U.S. App. LEXIS 1407.
  • Stouffer Corp. v. Teachers Insurance & Annuity Assn., 20 F.3d 1174 (7th Cir., 1994).
  • Roney v. Gencorp, et al., No. 3:05-0788, Judgment Order entering jury verdict in favor of defendant (S.D.W. Va. Oct. 9, 2009)
  • Roney v. Gencorp, et al., No. 3:05-0788, 2009 U.S. Dist. LEXIS 80849 (S.D.W. Va. Sept. 4, 2009)
  • Taylor v. Airco, Inc., 2007 U.S. Dist. LEXIS 64441.
  • Hogan v. Goodrich Corp., 2006 WL 149011 (W.D. Ky. Jan. 17, 2006).
  • Bogner v. Airco, Inc., 353 F. Supp. 2d 977 (C.D. Ill. 2005).
  • Dettinger v. Chrysler Plastic Products, 1987 U.S. Dist. Ct. LEXIS 14364.
Reported Cases - State Court
  • Cooper v. BASF Inc., et al., No. 26324, Ohio App., 9th Dist.; 2013 Ohio App. LEXIS 2836.
  • Gay v. O.F. Mossberg & Sons, Inc., 2009-Ohio-2954.
  • Chokan v. Ford , No. 87082, 2006 Ohio App. Lexis 5551 (8th Dist. Oct. 26, 2006).
  • Mayor v. Ford Motor Co., 2004 WL 1402692 (Ohio 8th Dist. Ct. App. June 24, 2004).
  • Loeschner v. Clark Material Handling, 1998 Ohio App. LEXIS 4318.
  • Furness v. Pois, 107 Ohio App. 3d 719 (Ohio App. 1995).
  • Pifher v. Ford Motor Company, 1994 Ohio App. LEXIS 3589.
  • Furbee v. Ford Motor Company, 1994 Ohio App. LEXIS 1478.
  • National City Bank v. Jim Pritz Ford, Inc., 1990 Ohio App. LEXIS 4200.
  • Neff v. Celanese Piping Sys., 1987 Ohio App. LEXIS 8826.
  • Cooper v. BASF Inc., et al., Summit County Court of Common Pleas, Ohio; Case No.: CV-2010-06-4340.
  • Buynie v. Airco, Inc., 2007 WL 2275013 (N.J. Super. A.D., 2007).
  • McEldowney v. Air Products & Chemicals, Inc., 2007 Mich. App. LEXIS 1452.
  • Anderson v. Airco, 2004 WL 2827887 (Del Super. Nov. 30, 2004); 2004 WL 1551484 (Del. Super. June 30, 2004).
  • Hurst v. American Racing Equipment, Inc., 1998 Tex. App. LEXIS 6246.
Representative Litigation
  • National representation of multiple chemical companies and the industry trade association in wrongful death product liability and industry wide liability claims involving occupational and consumer vinyl chloride exposure.
  • Defense of a putative class action against a leading coatings manufacturer arising out of claimed environmental contamination involving hexavalent chrome in Jersey City, New Jersey.
  • National representation of an after-market automotive supplier in product liability and contractual disputes.
  • National representation of the largest polymer service company in product liability matters.
  • Multi-state representation of a target defendant in a $282 million damage phase of consumer class action based litigation concerning water heaters.
  • Defense of an Ohio putative consumer class action against a leading beverage maker.
  • Defense of a putative class action against a leading coatings manufacturer arising out of claimed environmental contamination involving solvent contaminants in Louisville, Kentucky.
  • Defense of a number of chemical manufacturers in a putative class action arising out of occupational exposure to vinyl chloride at a chemical facility in New Jersey.
  • Defense of a putative consumer class action in Ohio against a leading power tool manufacturer.
  • Defense of a chemical manufacturer in mass action claims for medical monitoring, property damage and personal injury arising out of alleged environmental contamination in West Virginia.
  • Defense of a manufacturer in medical monitoring and property damage claims arising out of alleged environmental solvent contamination in groundwater in Pennsylvania.
  • Representation of a leading coatings manufacturer in benzene litigation.
  • Representation of a multinational chemical company in pesticide application litigation.
  • Representation of a leading chemicals manufacturer in a number of TCE exposure case claiming Parkinson’s disease and Parkinsonism.
  • Representation of coatings companies on strategies concerning BPA use and applications.
  • Representation of a pharmaceutical manufacturing company in an Ohio wrongful death action.
  • Representation of multi-national chemical corporation in product liability matters resulting in wrongful death suits.
  • Representation of multi-national electronic supplier in product liability matters.
  • Representation of multi-national electronics entity in commercial disputes over breaches of warranty.
  • Representation of numerous machine tool manufacturers in product liability matters.
  • Representation of numerous pesticide manufacturers in product liability matters arising out of chemical exposure.
  • Representation of various medical device manufacturers in product liability cases ranging from implants to sterilizers.
  • Statewide representation of a Fortune 10 manufacturer in all premises liability matters.
  • Representation of handgun manufacturers in various Ohio municipal litigation.
  • Representation of a Fortune 10 manufacturer in multiple jurisdictions for multi-million dollar fire and business interruption losses.
  • Representation in Ohio of various asbestos product manufacturers.
Technology Related Representation
  • Represents court automation software firm in contract negotiation and licensing issues.
  • Represented software firm in $20 million sale to publicly traded government consulting firm.
  • Represents business-to-business firm in acquisition of media, print and database firm.
  • Represents Fortune 10 automaker in consumer facing web site compliance issues.
  • Represents software consulting firms on licensing issues.
  • Represents start-up biotech firm for light manufacturing.
  • Represents start-up supply chain management firm in medical supply field.
Publications
Presentations
  • Social Media, the Internet and Electronically Stored Information (ESI) Challenges, National Business Institute, September 2016
  • The Ins and Outs of TSCA Reform, Ohio Chemistry Technology Council, September, 2016
  • Moderator, “RFPs, AFAs, LPM, KPIs: Unpacking the Alphabet Soup of 21st Century Legal Service Delivery,” Toxic Torts and Environmental Law Seminar, Defense Research Institute, March 25-27, 2015, Austin, TX
  • "Social Media Use and Other Complex Jury Issues," National Business Institute, November 20, 2014
  • "On the Horizon: Trends Facing the Chemical Industry," Thompson Hine LLP seminar, Cleveland, Ohio, December 5, 2013
  • "Handling 'Rambo' Litigators in Ohio," National Business Institute, September 2012
  • "Are You Covered? Emerging Legal Threats and Their Coverage Issues, Risk International," Thompson Hine LLP seminar, Cleveland, December 2011
  • "We're the Government and We Are Here to Help: The Never-ending Story(ies) of Scientific Missteps at EPA Under the IRIS Process," What's Next in Chemical Industry Regulation, Litigation and Advice, Thompson Hine LLP seminar, Cleveland, December 2011
  • "Employing Effective Defense Strategies to Explain Complex Science and Medical Terminology to Judges and Juries," Chemical Products Liability & Environmental Litigation Conference, April 2011
  • "Bottles, Cans and Bans: The Latest Dispatch from the BPA Battlefield," Defense Research Institute Annual Meeting, San Diego, October 2010
  • "Winning Your First Civil Trial," National Business Institute, Cleveland, September 2010
  • "Strengthening Defense Positions Despite Regulatory Changes Made by the Obama Administration: Overcoming Preemption Hurdles, Accepting Proposed TSCA Changes, and Coming to Terms with Chemical Bans," American Conference Institute's Chemical Products Liability and Environmental Litigation, Chicago, April 2010
  • "Chemical Regulation and Its Impact on Product Liability Law," 2010 Goodyear Law Conference, April 2010
  • "TSCA Update: The Toxic Substances Control Act (TSCA) – What Are the Big Threats to Chemical Manufacturers as Congress Considers Changes?", Ohio Chemistry and Technology Council 32nd Annual Conference, Columbus, Ohio, April 2010
  • "Evidence and Expert Testimony Best Practices: Supporting Your Case," Cleveland, December 2009
  • "Best Practices in Mass, Complex and Toxic Tort Litigation," Thompson Hine LLP seminar, Cincinnati, November 2009
  • "Best Practices in Mass, Complex and Toxic Tort Litigation," Thompson Hine LLP seminar, Cleveland, May 2009
  • "Anti-Chemical Initiatives (chemical bans, chemical deselection mandates, and the future)," Ohio Chemistry Technology Council Annual Conference, Columbus, Ohio, April 2009
  • "Trends in Litigation," Association of Corporate Counsel Seminar, Cleveland, July 2002
  • "Using High Tech Tools for Litigation: A Survey of Cutting Edge Technology to Assist In-house Counsel," ACCA Conference for Corporate Counsel 2002, Washington, D.C., June 2002
  • "Emerging Trends in Liability Litigation," PricewaterhouseCoopers General Counsel Forum, February 2002
  • "Techno Torts," Network of Trial Law Firms, Stamford, Connecticut, July 2001
Distinctions
  • Litigation Star by Benchmark Litigation, 2012 - 2017
  • Ohio Super Lawyers, 2014 - 2018
  • The Best Lawyers in America® , 2013 - 2018
  • The Burton Award for Legal Achievement, 2006
  • AV® Preeminent Rated by Martindale-Hubbell
Professional and Civic

Professional Associations

  • Federal Bar Association, Northern District of Ohio Chapter, Member
  • Ohio Chemistry Technology Council (OCTC), Member
  • Defense Research Institute, Toxic Tort and Environmental Law (2014-2016 Committee Chair; 2013 and 2014 Committee Vice Chair; 2012-2013 Seminar Program Chair); Corporate Counsel Roundtable Steering Committee (2015)
  • International Association of Defense Counsel
  • U.S. Law Firm Group Litigation Section Representative
  • Society of Chemical Manufacturers and Affiliates, representative
  • Ohio Association of Civil Trial Attorneys
  • Cleveland Metropolitan Bar Association, Litigation & Environmental Section
  • Ohio Oil and Gas Association (OOGA), Member

Community Activities

  • Friends of Breakthrough Schools Board Member, 2015 to present
  • Bruce Baskin/Cystic Fibrosis Golf Tournament Board, 1986 to present; tournament chairman, 1998
News