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Tony J.Hornbach

PartnerVice Chair, Business Litigation Groupmoc.eniHnospmohT@hcabnroH.ynoT
Cincinnati

O 513.352.6721

Tony J.Hornbach

Partner
Vice Chair, Business Litigation Groupmoc.eniHnospmohT@hcabnroH.ynoT
Cincinnati

O 513.352.6721

Focus Areas

Most cases, especially those involving business disputes, end up settling prior to trial, and the vast majority of these settlements are confidential. As a result, while most of these settlements involve excellent outcomes for clients, the details of these matters or settlements cannot be disclosed, preventing them from being included in detail below.

General Commercial Litigation

  • Represented oil broker at trial and obtained sizable judgement against oil refinery in Ohio state court as well as substantial attorney fees.
  • Successfully defended an international company by obtaining summary judgment in its favor on an $8 million fraud claim in Texas federal court.
  • Obtained summary judgment in favor of financial institution that was being sued for more than $ 1 million for breach of contract, negligence, and fraud.
  • Defended pharmaceutical manufacturer against breach of contract and fraud claims asserted by a drug broker in Ohio federal court that settled after one week of trial.
  • Obtained settlement in case litigated in Ohio federal court for clinical research organization asserting breach of contract and fraud claims and seeking more than $7 million in compensatory and punitive damages.
  • Defended Ohio company in Ohio federal court against a former supplier’s claims for breach of contract and eventually resolving those claims at mediation.
  • Obtained settlement for Indiana company arising from a dispute relating to a contract that it previously entered into with a former customer.
  • Obtained settlement for company involved in parallel cases in Ohio and Texas relating to breaches of representation in an asset purchase agreement.
  • Advised and represented software company in litigation in Connecticut federal court involving shareholder dispute with former founder.
  • Obtained settlement for partner in dispute with other partners and partnership.

Construction Litigation

  • Obtained jury verdict after two-week trial in Indiana state court in favor of an engineering firm subject to claims of professional negligence, fraud, and breach of contract seeking more than $2 million in compensatory damages as well as punitive damages.
  • Defended engineering firm in Ohio state court with respect to negligence claims arising from the construction of a school.
  • Defended construction services company in South Carolina state court with respect to claims arising from a construction accident resulting in injuries to multiple construction workers.
  • Obtained settlement in lawsuit filed in Ohio state court in favor of a residential homeowner with respect to drainage and other issues resulting from a construction project that was built on an adjacent piece of property.
  • Represented Indiana commercial landlord with respect to dispute regarding improvements that the tenant made to the property and mechanic’s liens filed against property by a tenant’s contractors.

Professional Malpractice/Professional Negligence

  • Obtained award in favor of investment manager after a week-long arbitration in which an ERISA plan sought millions in damages on claims alleging that the manager breached fiduciary duties and committed professional malpractice.
  • Defended investment manager of an ERISA plan in arbitration alleging that the investment manager mismanaged the plan’s funds.

Labor & Employment Litigation

  • Represented clients in numerous cases involving non-competition and non-solicitation agreements and violations of trade secret laws.
  • Obtained favorable settlement for Indiana employer who hired an employee subject to a non-competition agreement.
  • Represented employers in various actions and disputes involving current and former employees embezzling the employer’s funds.
  • Represented employer in lawsuit against former employee for unauthorized use of the employer’s property.

Landlord-Tenant Litigation

  • Obtained $1.2 million judgment in favor of commercial landlord on breach of lease claims against a former tenant in Ohio state court.
  • Represented Indiana commercial landlord in dispute with tenant regarding dispute over construction allowance, improvements to the property, and past due rent.
  • Obtained summary judgment in favor of commercial landlord for amounts due under a lease and on the tenant’s counterclaims alleging that the landlord breached the lease.
  • Represented and advised large commercial landlords in lease enforcement actions in Ohio, Indiana and other states across the country.
  • Represented commercial and residential landlords in countless eviction and breach of lease proceedings.

Intellectual Property Litigation

  • Obtained favorable settlement for client accused of trademark infringement.
  • Defended software company against claims for copyright infringement in Connecticut federal court.
  • Part of team defending client in Ohio federal court against claims seeking hundreds of millions of dollars for patent infringement.
  • Represented company in Wisconsin federal court in action seeking to enforce trademark rights against individual marketing a counterfeit product.

Arbitration Experience

  • Obtained award in favor of investment manager after a week-long arbitration in which an ERISA plan sought millions in damages on claims alleging that the manager breached fiduciary duties and committed professional malpractice.
  • Defended investment manager of an ERISA plan in arbitration alleging that the investment manager mismanaged the plan’s funds.
  • Successfully defended a large engine servicer against numerous claims in AAA arbitration.

Appellate Practice

  • Obtained decision from Sixth Circuit affirming judgment in favor of financial institution that was sued for more than $1 million on claims for breach of contract, negligence, and fraud.
  • Obtained decision from Indiana Court of Appeals affirming jury defense verdict in favor of engineering firm on claims for professional negligence, fraud, and breach of contract.
  • Successfully defended against multiple interlocutory appeals of trial court’s summary judgement rulings in Ohio’s Third District.
  • Obtained reversal from Ohio’s Twelfth District Court of Appeals on numerous claims after the trial court improperly granted summary judgment.
  • “Solving the Teacher Shortage in Secondary Schools,” Undergraduate Research Conference, 2004
  • Selected to the Cincinnati Business Courier’s Forty Under 40 class of 2021
  • Selected for inclusion in The Best Lawyers in America© 2021 to 2024 for Commercial Litigation
  • Selected for inclusion in Rising Stars by Ohio Super Lawyers magazine, 2014 to 2017

Professional Associations

  • Cincinnati Bar Association
  • Ohio State Bar Association

Community Activities

  • River City Correctional Center, Board Member, 2013-2023, Board Chair, 2022-2023, Secretary 2013-2015
  • La Salle High School, Board Member, 2016-2020
  • Green Township, Finance Committee, 2014
  • Green Township, Audit Committee, 2015
  • Legal adviser, Summit Country Day mock trial program, 2007, 2008 and 2009
  • Member of Cincinnati’s Chapter of Rotaract, 2010-2012

Education

  • Indiana University School of Law, J.D., 2007,
    summa cum laude
    ,

    Indiana Law Journal

  • Butler University, B.S., 2004,
    summa cum laude
    ,

    departmental honors; Most Outstanding Student in Economics; four-year letter winner on Butler’s Division I baseball team, Sigma Nu Fraternity

Bar Admissions

  • Ohio
  • Indiana

Court Admissions

  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the District of Colorado