Thomas Wyatt Palmer
Pro Bono Committee
Tom is a partner in the firm's Business Litigation practice group responsible for litigating complex matters in state court, federal court, courts of appeals, mediation, and arbitration by developing and executing end to end legal project management using process efficiencies.
He represents businesses and individuals in a variety of subjects, including commercial contract disputes and business torts, fiduciary duty litigation, director and officer liability, trademark and copyright infringement, real property tax appeals, shareholder derivative actions, and appraisal rights proceedings.
Tom has significant experience in the following matters encountered by banks, land acquisition companies, major manufacturers, and franchisors: all aspects of consumer finance litigation; oil and gas lease disputes and contract negotiations, prosecuting and defending federal trademark infringement and dilution actions; enforcing non-compete and non-disclosure agreements; obtaining temporary restraining orders and preliminary injunctions in both federal and state court, and defeating employer intentional tort actions.
Tom also practices before multiple appellate courts, has argued before the Sixth Circuit Court of Appeals, multiple state panels, and authored a victorious Petition for Writ of Certiorari before The Supreme Court of the United States.
Tom is admitted to practice in Ohio, in the United States District Courts for the Southern and Northern Districts of Ohio, the United States District Court for Eastern District of Michigan and in the United States Court of Appeal for the Sixth Circuit.
Significant Business Disputes
Defend former president and director of state regulated financial institution against claims for breach of fiduciary duty, unfair competition, and misappropriation of trade secrets. Defeated motion for temporary restraining order at hearing. Achieved judgment defeating all of the plaintiffs' claims and winning client's indemnification counterclaim. Resolved criminal investigations conducted by the Federal Reserve Board and Ohio Department of Financial Institutions.
Defend supermajority owner and sole manager of government contractor that provides translation, linguistic, and technology solutions to the U.S. Government against claims for breaches of fiduciary duty owed to minority members based upon alleged personal use of company resources, freeze-out/squeeze-out, and dilution of voting rights.
Defend limited liability company in appraisal rights proceeding instituted by minority dissenting members seeking court-ordered payment of fair cash value in lieu of following redemption procedures set forth in the company’s operating agreement.
Represent company that invented a therapeutic device used to reduce hypertension and improve cardiovascular fitness in multiple suits. Defenses and counterclaims involved numerous contract issues, violations of FDA regulations, disputes over the scope of intellectual property to be assigned as part of stock purchase, lapse of patent rights, breach of fiduciary duty, attorney malpractice, and a shareholder derivative claim.
Represent and advise Ohio based international landscape contractor. Most significant representation was defense against claims asserted by Fortune 500 international retail conglomerate and property owner for product defect, breach of express and implied warranties, and breach of contract. Largely successful motion practice, which included the extent to which claims for breach of implied warranties are barred by the economic loss doctrine, resulted in resolving the matter for one-tenth of the plaintiff’s alleged damages. Later part of the team that resolved Ohio’s application of the economic loss doctrine before the Ohio Supreme Court.
Prosecute and defend against claims asserted between internet-based gift retailer and former owner and department heads of acquired subsidiary who started a competitive business. Claims included breach of employment agreement, breach of restrictive covenants, misappropriation of trade secrets, tortious interference, and unfair competition.
Prosecute and defend against claims asserted in three concurrent lawsuits in Ohio and Virginia state courts between government contractor and subcontractor over mandatory workshare for linguists deployed with U.S. troops worldwide, employee solicitation and hiring restrictions, mandatory contract term renewal, and misappropriation of trade secrets.
Consumer Finance Litigation
- Managed a dedicated team of attorneys working out of three firm offices on a revolving docket of greater than forty cases during the height of the mortgage foreclosure crisis in 2013 through 2015. Used firm experiences representing multiple mortgage servicing companies to develop process efficiencies. This experience includes setting favorable legal precedent in Ohio, conducting a dozen appellate arguments, and advising client of best practices to comply with state law and federal regulations.
- Carter v. Deutsche Bank Nat'l Trust Co., 2017 U.S. App. LEXIS 21398 (6th Cir.)
- Bank of Am., N.A. v. Valentine, 2015-Ohio-3733
- Carter v. Standard Guaranty Ins. Co., 2015 U.S. Dist. LEXIS 98355 (S.D. Ohio 2015)
- Carter v. Standard Guaranty Ins. Co., 2015 U.S. Dist. LEXIS 66546 (S.D. Ohio 2015)
- Bank of Am., N.A. v. Valentine, 2015-Ohio-1107
- Buckner v. Washington Mutual Bank, 2014-Ohio-5189
- JPMorgan Chase Bank, N.A. v. Koonts, 2014-Ohio-3904
- JPMorgan Chase Bank, N.A. v. Allton, 2014-Ohio-3742
- Wells Fargo Bank, N.A. v. Reaves, 2014-Ohio-3556
- JPMorgan Chase Bank, N.A. v. Snedeker, 2014-Ohio-1593
- Chase Home Finance, LLC v. Lindenmayer, 2014-Ohio-1041
- JPMorgan Chase Bank, N.A. v. Fallon, 2014-Ohio-525
- Citibank, N.A. v. Slorp, 2013-Ohio-5331
- JPMorgan Chase Bank v. Ackerman, 2013-Ohio-5010
- Wells Fargo Bank, N.A. v. Elliot, 2013-Ohio-3690, jurisdiction denied at 2014-Ohio-176
- JPMorgan Chase Bank, N.A. v. Carroll, 2013-Ohio-5273
- Chase Home Finance LLC v. Byrd, 2013-Ohio-3217
- JPMorgan Chase Bank, N.A. v. Heckler, 2013-Ohio-2388
- Chase Home Finance LLC v. Byrd, 2013-Ohio-2076
Real Property Tax Litigation
- Represent telecommunications companies, investment REITS, and other business entities before county boards of revision, the Ohio Board of Tax Appeals, trial courts, and courts of appeals successfully challenging the overvaluation of real property throughout Ohio. This experience has netted clients tens-of-millions of dollars in combined tax refunds and future savings.
Reported decisions include:
- Olentangy Local Schs. Bd. of Educ. v. Del. County Bd. of Revision, 153 Ohio St.3d 241 (2017)
- Olentangy Local Schs. Bd. of Educ. v. Del. County Bd. of Revision, 2015 Ohio Tax LEXIS 2802
- Olentangy Local Schs. Bd. of Educ. v. Del. County Bd. of Revision, 2014 Ohio Tax LEXIS 4069
- Trilogy Real Estate Holdings, LLC v. Franklin County Bd. of Revision, 2014 Ohio Tax LEXIS 3118
- Bd. of Educ. of the Olentangy Local Schs. v. Del. County Bd. of Revision, 2014 Ohio Tax LEXIS 2838
- Groveport LLC v. Franklin County Bd. of Revision, 2014 Ohio Tax LEXIS 1686
- Algoma Props. LLC v. Del. County Bd. of Revision, 2014 Ohio Tax LEXIS 1819
- Frontier North, Inc. v. Lorain County Bd. of Revision, 2014 Ohio Tax LEXIS 142
- MCI Int'l, Inc. v. Franklin County Bd. of Revision, 2013 Ohio Tax LEXIS 7148
- Wickliffe City School District Bd. of Educ. v. Lake County Bd. of Revision, 2013 Ohio Tax LEXIS 6539
- Euclid Realty LLC v. Lake County Auditor, 2012-Ohio-5332
- Revere Local Sch. Dist. Bd. of Educ. v. Summit County Bd. of Revision, 2012 Ohio Tax LEXIS 5440
- Verizon North, Inc. v. Athens County Bd. of Revision, 2012 Ohio Tax LEXIS 2295
- Verizon North, Inc. v. Tuscarawas County Bd. of Revision, 2012 Ohio Tax LEXIS 371
- Verizon North, Inc. v. Medina County Bd. of Revision, 2011 Ohio Tax LEXIS 1872
- Bd. of Educ. v. Franklin County Bd. of Revision, 2010 Ohio Tax LEXIS 345
- North Royalton City Sch. Dist. Bd. of Educ. v. Cuyahoga County Bd. of Revision, 2008 Ohio Tax LEXIS 16
Other Reported Decisions
- Avaya Inc. v. Ohio Department of Commerce, 2021-Ohio-4626
- Cheryl & Co. v. Krueger, 2020 U.S. Dist. LEXIS 165264 (S.D. Ohio)
- City of Columbus v. Int’l Ass’n of Firefighters, Local 67, 2020-Ohio-356
- Sogg v. Zurz, Director, Ohio Department of Commerce, 2011 Ohio 81
- SEC v. One Equity Corp., 2011 U.S. Dist. LEXIS 71868 (S.D. Ohio)
- Furman v. Codiam, Inc., 2011 U.S. Dist. LEXIS 39084 (S.D. Ohio)
- Williamson v. Recovery Limited Partnership, 2009 U.S. Dist. LEXIS 99670 (S.D. Ohio)
- Williamson v. Recovery Limited Partnership, 2009 U.S. Dist. LEXIS 99671 (S.D. Ohio)
- Stanley Electric Co., Inc. v. Crawford Equip. and Engineering Co., 249 F.R.D. 267 (S.D. Ohio 2008)
- 1st Choice Auto Brokers, Inc. v. Credit Acceptance Corp., 2007 U.S. Dist. LEXIS 5194 (S.D. Ohio)
- Foreman v. Fortis Benefits Ins. Co., 2005 U.S. Dist LEXIS 45313 (S.D. Ohio)
- Miles v. United States, 544 U.S. 1059 (2005)
- United States v. Robinson, 116 Fed. Appx. 646 (6th Cir. 2004)
- Sharp v. Patterson, 73 U.S.P.Q.2D (BNA) 1481 (S.D.N.Y. 2004)
- "Ohio House Bill 126 to Restrict Property Valuation for Boards of Education," Thompson Hine Real Estate Update, June 2022
- "Ohio LLC Dissenters’ Rights – The Time to Get Out is Running Out," A Practical Guidance, January 2022
- “New Ohio Law Presents Real Property Tax Reduction Opportunities,” Thompson Hine Real Estate Update, May 2021
- “Lawyer Trust Accounts and Unclaimed Funds: What are Your Duties?,” 2021
- “Managing Judicial Bias Revealed During Oral Argument,” 2015
- “The Evolution of Ohio’s Statute on Employer Tort Claims,” 2013
- “Ohio Manufacturers May Be at Greater Risk to Be Sued by Employees, Recent Court Ruling Paves the Way for More Employee Lawsuits,” 2008
- Ohio Oil and Gas Association
- Ohio Chemistry Technology Council
- DRI - The Voice of the Defense Bar
- Adjunct Professor, Ohio State University Michael E. Moritz College of Law, Appellate Advocacy, 2007
- Franklinton Board of Trade, Trustee and President, 2016 to present
- Volunteers of America of Greater Ohio and Indiana, Director, 2016 to 2020
- Mid-Ohio Foodbank, Mobilize the Public Committee, 2016 to 2019
- The Black Tie Ball, Inc., Corporate Sponsor, Co-Chair, 2011 to 2012; Board Chair, 2013 to 2014
Ohio LLC Dissenters’ Rights: The Time to Get Out is Running OutThe Practical Guidance
January 06, 2022