Overview

Diane is counsel in the firm's Business Litigation and Product Liability practice groups. She focuses her practice on litigation concerning contractual disputes, fiduciary relationships, business torts, lender liability claims, and product liability and toxic tort claims.  Diane practices in federal and state courts across the country.

Diane is admitted to practice in Ohio and in the U.S. District Courts for the Northern and Southern Districts of Ohio.

Experience

Contract Disputes

  • Member of trial team that obtained a multi-million dollar trial verdict in breach of contract action involving defective heat-treat equipment.  See IPSCO Tubulars, Inc. v. Ajax TOCCO Magnethermic Corp., 2013 U.S. Dist. LEXIS 137456 (E.D. Ark. Sept. 25, 2013).
  • Successfully defended construction company in contract dispute with subcontractor involving differing site conditions claims related to soil conditions in tunneling project.
  • Successfully resolved dispute regarding non-compete obligations in a stock purchase agreement on behalf of former shareholder of a closely-held company.
  • Obtained summary judgment in favor of plaintiff utility in insurance coverage dispute.

Lender Liability and Consumer Claims

  • Defense of financial institutions in claims arising under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), the Ohio Consumer Sales Practices Act (CSPA), and the Federal Fair Credit Reporting Act (FCRA).
  • Obtained summary judgment in federal court in favor of mortgage lenders in action asserting claims under the FDCPA, FCRA, and Ohio common law; judgment affirmed on appeal to the United States Court of Appeals for the Sixth Circuit.  See Jones v. Option One Mortg. Corp., 466 Fed. Appx. 449 (6th Cir. 2012).
  • Obtained multiple summary judgment rulings in favor of retailers on CSPA claims filed by consumers, and subsequently obtained awards for sanctions related to defending against consumers’ frivolous claims; decisions affirmed on appeal.  See Riley v. Supervalu Holdings, Inc., 2005-Ohio-6996 (Ohio Ct. App., 1st Dist.); Riley v. Supervalu Holdings, Inc., 2005-Ohio-6998 (Ohio Ct. App., 1st Dist.); Burdge v. Supervalu Holdings, Inc., 2007-Ohio-1318 (Ohio Ct. App., 1st Dist.); Burdge v. Children's Place Retail Stores, Inc., 2006-Ohio-4564 (Ohio Ct. App., 12th Dist.).

Other Business Litigation

  • Defense of shareholders and directors in minority shareholder breach of fiduciary duty suit.
  • Represented publicly-held corporation in multiple suits alleging breach of fiduciary duties in connection with proposed sale of company.
  • Successfully defended company in action alleging wrongful termination of its President and CEO.
  • Successfully resolved trade secret action on behalf of manufacturer.

Product Liability Claims

  • Defense of flavoring manufacturer in various state and federal jurisdictions in product liability lawsuits involving butter flavoring containing diacetyl.
  • Obtained summary judgment on statute of limitations grounds on behalf of a flavoring company in multiple product liability cases.
Publications
  • "A Little Forethought Can Greatly Reduce Firm's Risk of Litigation," Cincinnati Business Courier, September 28, 2007
  • "Credit Card Lawsuit Scheme Exploits Little-known Ohio Law," Cincinnati Business Courier, February 3, 2006
  • "International Negotiations Gone Sour: Precontractual Liability Under the United Nations Sales Convention," Cincinnati Law Review, 1997
Professional and Civic

Professional Associations

  • Women Lawyers of Franklin County, Board of Trustees, 2012-Present
  • Columbus Bar Association
  • Ohio Women's Bar Association, Member
  • OWBF Leadership Institute, 2014-2015 Class
  • Cincinnati Academy of Leadership for Lawyers, Class XI
  • Potter Stewart Inns of Court, Member, 2004 to 2011

Community Activities

  • The Womens' Fund, Volunteer
  • Franklin County Democratic Lawyers Club, Member, 2012-2013
  • SPCA Cincinnati, Board Member, 2008 to 2011
  • United Way BOLD Program, 2007