Terry W. Posey, Jr.
Terry's practice includes a variety of litigation matters, including general commercial disputes, financial services litigation, business torts, intellectual property disputes, alternative dispute resolution, and products liability, with a particular emphasis on the appellate aspects of these disputes.
Terry is an Ohio State Bar Association Certified Appellate Specialist and has a significant breadth of experience in the Ohio appellate process. A veteran of more than fifty appeals, Terry has successfully argued before the Ohio Supreme Court, as well as all twelve Ohio appellate district courts. A regular speaker on Ohio appellate practice issues, Terry provides appellate expertise for lawyers inside and outside the firm.
Terry received extensive "behind the scenes" experience in Ohio state courts, serving during law school as a law clerk for Judge Jeffrey E. Froelich of the Montgomery County Common Pleas Court and serving as a judicial attorney for Justice Maureen O'Connor of the Ohio Supreme Court.
Terry has been a driving force in much of the recent Ohio mortgage standing litigation before the Ohio Supreme Court, serving as counsel in many of the seminal decisions affecting financial institutions engaged in foreclosure. His extensive experience navigating the Ohio Supreme Court discretionary and merits review process benefitted his clients in these cases.
He has also represented trademark owners in domain name disputes under the Uniform Domain Resolution Procedure (UDRP) before the World Intellectual Property Organization. Terry has successfully recovered domain names on behalf of commercial manufacturers and a supermodel.
Mortgage Litigation Before the Ohio Supreme Court
- SRMOF 2009-1 Trust v. Lewis, 142 Ohio St.3d 369, 30 N.E.3d 950, 2015-Ohio-1494 (obtained dismissal of a certified conflict preserving underlying judgment)
- Wells Fargo Bank, N.A. v. Horn, 142 Ohio St.3d 416, 31 N.E.3d 637, 2015-Ohio-1484 (determining that documents demonstrating standing need not be attached to the complaint)
- Bank of America, N.A. v. Kuchta, 141 Ohio St.3d 75, 21 N.E.3d 1040, 2014-Ohio-4275 (standing may not be challenged post-judgment)
- Fed. Home Loan Mortgage Corp. v. Schwartzwald, 134 Ohio St.3d 13, 979 N.E.2d 1214, 2012-Ohio-5017 (setting standard for standing in mortgage foreclosures).
- Flagstar Bank, FSB v. Airline Union Mortgage Co., 128 Ohio St.3d 529, 947 N.E.2d 672, 2011-Ohio-1961 (setting statute of limitations for bank's claim against appraiser of collateral).
- Alexander v. Wells Fargo Financial Ohio I, Inc., 122 Ohio St.3d 341, 911 N.E.2d 286, 2009-Ohio-2962 (Ohio Supreme Court 2009), on remand, 2009-Ohio-4873 (obtaining a dismissal of a class action based on a class action waiver in a consumer arbitration agreement).
Domain Name Decisions
- Cynthia Ann Crawford v. Julian S. Garcia, WIPO Case No. D2012-2454.
- R&M Italia SPA, Tycon Technoglass Srl v. EnQuip Technologies Group, Inc., WIPO Case No. D2007-1477.
- Michelman, Inc. v. Internet Design, WIPO Case No. D2007-1369.
- “The Ohio Supreme Court Again Weighs in on Standing in a Foreclosure Action: Deutsche Bank Natl. Trust Co. v. Holden,” Thompson Hine Business Litigation Update, July 2016
- “Ohio Supreme Court Holds Borrowers Cannot Raise Standing Challenges in Post Judgment Motions,” Thompson Hine Business Litigation Update, October 2014
- Co-author (with Scott A. King), "True Crime and Standing in Foreclosure Actions: How the Real Life Fugitive Story Leads to Years of Litigation," ABA Section of Litigation, Spring 2013
- "Why Wins: Theming the Appellate Brief," Appellate Issues, Spring 2012
- Co-author, "The Antibiotic Paradox in Peer-to-Peer Filesharing post MGM v. Grokster," Journal of Internet Law, Vol. 9, No. 9, March 2006
- Comment, "Tony Soprano's Privacy Rights," 29 U. Dayton L. Rev. 109, 2003
- Casenote, "You've Got Service!" 28 U. Dayton L. Rev. 403, 2003
- "Preparing for Appellate Oral Argument," Dayton Bar Association, December 2012
- "Advanced Ohio Supreme Court Practice," Dayton Bar Association, December 2011
- Leadership Dayton, Class of 2016
- Dayton Business Journal, 40 Under 40 Award Winner, 2013
- Selected for inclusion in 2012 to 2018 Ohio Super Lawyers® as a Rising Star for appellate work
- 2011 Class of the Ohio State Bar Foundation, fellow
- American Bar Association
- Ohio State Bar Association
- Dayton Bar Association
- Appellate Practice Committee, chair, 2009 to 2014
- Dayton Bar Association Bench Bar Conference Co-Chair, 2015
- Dayton Society of Natural History (Boonshoft/Sunwatch/Ft. Ancient) – Board of Trustees
- Boonshoft Museum of Discovery, Associate Board President
- Children's Dyslexia Center of Dayton, member of the Board of Governors, 2011 to 2014
- Access to Justice Gala, Co-Chair, 2012