Overview

Gary is a partner in the firm's Product Liability Litigation and Business Litigation practice groups. He is also chair of our Product Liability Risk Management Consulting group.

Gary focuses his product liability practice on defending product liability cases and catastrophic losses for manufacturers of automobiles, commercial food preparation equipment, appliances, asbestos-containing products, mining and construction equipment, heavy industrial machinery, chemicals, coatings, gas station equipment, fuel containment systems, pipelines, and other commercial and consumer products.

On the risk management side, Gary routinely advises clients on preventive strategies to eliminate or reduce product liability risks. He directs compliance with product safety and CPSC regulations, accident investigations, product recalls, and post-sale warning and retrofit campaigns. He conducts product design and manufacturing audits and prepares product warnings, warranties, advertisements, marketing materials and other product literature. Gary also counsels employers on workplace safety issues and implements OSHA compliance and training programs. He also defends employers in administrative hearings before the Occupational Safety and Health Review Commission.

Gary's business litigation practice focuses on a wide variety of sophisticated commercial disputes. Gary has litigated complex insurance coverage claims for manufacturers and property owners and has defended many commercial, health, life and disability insurers in breach of contract, bad faith, and fraud cases. He also has litigated numerous business disputes involving breaches of contract, asset purchase agreements, tolling and private label agreements, warranties, software implementation and consulting services, fiduciary duty claims and misappropriation of trade secrets.

Gary is admitted in Ohio and Kentucky, the U.S. District Courts for the Southern and Northern Districts of Ohio, the U.S. District Court for the Eastern District of Kentucky, and the U.S. Courts of Appeals for the Fifth, Sixth, and Tenth Circuits. Gary has represented clients in more than 30 states.

Experience
Product Liability Litigation
  • Defended domestic automobile manufacturer against wrongful death, personal injury and fire damage cases relating to restraint systems, roof structure, brakes, transmissions, wiring, and vehicle handling and stability.
  • Served as national counsel to manufacturer of commercial food preparation equipment, such as mixers, meat grinders, slicers, fryers and dishwashers.
  • Served as national counsel to manufacturers of asbestos products and ship owners in thousands of personal injury and property damage cases.
  • Defended manufacturer of underground storage tanks and piping systems in numerous pollution and property damage cases.
  • Defended manufacturers of conveyor systems and material handling equipment in amputation and burn cases.
  • Represented underground casing manufacturer and construction and sewage pipe manufacturers in property damage and warranty cases.
  • Defended chemical, coating, and resin manufacturers in personal injury, chemical exposure and warranty cases.
  • Defended manufacturers of other consumer and commercial products in cases involving pool equipment, kitchen appliances, fire protection systems, firearms, lasers, paper manufacturing products, presses, cranes, gas pumps, engines, valves, roofing products, loaders, transformers, dehumidifiers, compressors, rack and storage systems, and antimicrobials.
Risk Management Consulting
  • Directed compliance with product safety, CPSC, FDA, EPA, FIFRA and EU and ISO regulations and standards.
  • Spearheaded several CPSC, NHTSA and commercial product recalls.
  • Handled numerous product design changes, retrofits and post-sale warning campaigns.
  • Conducted product design and manufacturing audits.
  • Conducted product risk assessments in the content of M&A and corporate acquisitions.
  • Designed product warnings, instruction manuals, marketing, advertising and other product literature.
  • Conducted several training programs for engineers and sales, service and plant personnel on product safety, safe and prudent business practices, and battle of the forms issues.
  • Coordinated high profile crisis response plans, accident investigations, recalls and other timely corrective action.
  • Created and enforced product warranty, insurance and risk transfer solutions, and other contractual protections.
  • Resolved numerous product safety and performance issues with suppliers, distributors and customers.
  • Negotiated several sales, distribution, private label, and product repair and maintenance agreements.
  • These services have been provided to more than 150 U.S. and foreign companies in a wide variety of industries.
OSHA and Workplace Safety
  • Defended numerous employers in premises liability, intentional tort and personal injury cases involving employees, utilities, contractors and business invitees.
  • Created and implemented OSHA compliance programs, safety audits and training programs for employers.
  • Responded to OSHA investigations, citations, and complaints and instructed employers on related best practices. Favorably resolved numerous cases.
  • Defended several OSHA citations and employers at Review Commission administrative hearings. Common issues have involved machine guarding, safe equipment operation, lockout/tagout, personal protective equipment, hazard communication, process safety management, combustible dust, lead and chemical exposure, construction work, trenching operations, and multi-employer incidents.
Insurance Coverage Litigation
  • Managed product liability and environmental insurance coverage programs and related litigation for manufacturers of asbestos, underground piping and other products.
  • Obtained multimillion dollar judgment for a major utility in claims involving business interruption and extra expense damages.
  • Obtained $5 million judgment for foundry in warehouse fire and property damage subrogation case.
  • Obtained plaintiff's verdict providing asbestos manufacturer with $3 million in coverage for personal injury claims.
  • Successful defense of commercial, health, life and disability insurers in dozens of class action and other cases involving denials of coverage, fraud and bad faith claims.
  • Obtained reversal on appeal finding that insurer had no duty to defend and indemnify multimillion dollar property damage claim.
Catastrophic Loss Litigation
  • Defended personal injury, wrongful death and property damages cases involving building fires and gas, chemical and dust explosions, and construction accidents. Cases and products defended include gas and utility lines and operations, ovens, fryers, dehumidifiers, valves, electrical wiring, boilers, gear grinding machines, garage door systems, sewer infrastructure, fire protection systems and unsafe manufacturing operations.
  • Obtained judgment on contractual grounds in multimillion dollar fire case at a public storage facility.
  • Obtained judgments in wrongful death cases involving racking system collapse and welding and gas explosions.
  • Obtained judgment in a multimillion dollar case involving transformer explosion.
Business Litigation
  • Successful defense of class actions involving alleged Consumer Sales Practices Act and Truth in Lending violations.
  • Obtained judgments in cases involving insurance and financial broker terminations.
  • Multiple arbitration victories in disputes involving asset and purchase and earn-out agreements, and software implementation matters.
  • Obtained judgment in $4 million breach of contract action relating to the purchase of credit card receivables.
  • Successful resolution of fraud claim against dealer for breach of floor plan financing agreement.
  • Successful injunction against competing basket manufacturer in trademark infringement case.
  • Successful prosecution and injunction against a former employee for misappropriation of trade secrets relating to diagnostic products.
  • Resolved numerous cases involving construction defects and leasing and real estate issues.
Publications
Presentations
  • “Increased Targeting Of Chemical Facilities Amid Potential Regulatory Changes On Process Safety Management — Are You Prepared?” Chemistry Council of New Jersey Plant Operations Management Workshop, December 2016
  • "Multi-Employer Worksites: What Are The Risks and How Does a Company Reduce Them?" Ohio Chemical Technology Council Annual Meeting, May 2016
  • “What’s on the Horizon: Possible Changes to OSHA’s PSM and EPA’s RMP Requirements,” Ohio Chemical Technology Council, March 2016
  • “Multi-Employer Worksites: What Are The Risks and How Does A Company Reduce Them?” PSARA Hazwoper-EHS Management Seminar, December 2015
  • “PSM Compliance Roundtable,” Ohio Chemical Technology Council Annual Meeting, May 2015
  • "OSHA's Increased Targeting of Chemical Facilities - Are You Prepared?" Thompson Hine LLP General Counsel Symposium, October 2014
  • “OSHA’s Increased Targeting of Chemical Facilities – Are You Prepared?” SOCMA ChemAlliance.org Webinar Series, February 2014
  • “On The Horizon: Trends Facing the Chemical Industry,” Thompson Hine LLP, December 2013
  • "OSHA's New NEP Targets The Chemical Industry: What You Need To Know To Prepare," Ohio Chemical Technology Council, Regional and Safety Committee Meetings, September and October 2012
  • "OSHA's New NEP Targets The Chemical Industry: What You Need To Know To Prepare," Process Safety Management Conference For Chemical, Petrochemical, and Refining Industries, September 2012
  • "www.saferproducts.gov: What You Need To Know About The CPSC's Online Product Safety Incident Databasem," Cincinnati Bar Association Corporate Law Update, November 2011
  • "Taming the Product Liability Beast-Revisited," Industry Week Best Plants Conference, April 2010
  • "Best Practices in Mass, Complex and Toxic Tort Litigation," Thompson Hine LLP, November 2009
  • "Taming the Product Liability Beast: Ten Things You Can Do to Protect Yourself," FABTECH International & AWS Trade Show, October 2008
  • "Liability/Risk Management Breakfast Roundtable," Cincinnati Business Courier, October 2007
  • "Third Party Insurance Coverage," Lorman Education Services, 2004
  • "Purchasing Law Seminar-Product Liability," National Business Institute, 2004
  • "Product Liability Primer," Plastic Container Shipping Institute, March 2003
  • "Scott-Pontzer Update: Pandora's Box Still Continues to Release its Contents," Thompson Hine LLP, May 2002
  • Numerous client presentations on risk management issues relating to product liability, insurance coverage, OSHA and plant safety.
Distinctions
  • AV® Preeminent Rated by Martindale-Hubbell
Professional and Civic

Professional Associations

  • Cincinnati Bar Association
  • Cincinnati Bar Association, Admissions Committee
  • Ohio State Bar Association
  • Kentucky Bar Association

Community Activities

  • Cincinnati Shakespeare Company, Board of Trustees
  • St. Aloysius Orphanage, Former President, Board of Trustees
  • Enjoy the Arts, Board of Trustees
  • Cincinnati Bar Association, Character and Fitness Committee
  • United Way, Volunteer Leadership Development Program
  • Colgate University Alumni Fund Raising Committee
  • Colgate University Alumni Admissions Committee
  • Colgate University Club of Cincinnati
  • Notre Dame Club of Cincinnati
  • Beechmont Community Players
  • Center Stage Community Players
  • Mariemont Community Players
  • Mason Community Players
  • Sycamore Athletic Boosters Board