Robert J. Tucker

Experience

Class Certification 

• Represented an insurer in a defense of a class action lawsuit alleging breach of contract and bad faith denial of insurance payments for property damage to roofs following a hail storm. Assisted with e-discovery, which included collecting, culling, searching and reviewing documents and responding to discovery requests. Assisted in obtaining a 7th Circuit reversal of the trial court’s class certification decision that allowed the plaintiffs to proceed on a class-wide basis for injunctive relief requiring roof re-inspections, foreclosing any avenue for the plaintiffs to proceed in that matter on behalf of class. Kartman et al. v. State Farm Mutual Automobile Insurance Co. et al.
• Represented an auto insurer in a defense of class action lawsuit alleging that the client failed to disclose a claimed right to receive cash payment for the value of windshield replacement, and instead steered insureds towards cheaper and ineffective repairs. Assisted in obtaining the Ohio Supreme Court’s reversal of the trial and appellate courts’ rulings, allowing the case to proceed as class. Coordinated significant discovery efforts, including culling, searching and reviewing multiple terabytes of data; managed overseas contract attorneys in review of documents; and assisted in briefing on various discovery motions. Cullen v. State Farm Mutual Automobile Ins. Co.
• Represented the insurer in a class action alleging failure to properly pay overhead and profit to insureds on homeowners’ property damage claims. Led and managed extensive discovery, including preservation, collection, culling and review of hundreds of thousands of documents, as well as the management and supervision of numerous contract attorneys. Conducted on-site interviews of key witnesses for document preservation and collection efforts and to obtain substantive factual background for the defense of plaintiffs’ claims. 

Real Estate

• Successfully represented real estate appraisers in complaints filed with the Ohio Division of Real Estate and Professional Licensing and Appraisal Institute in obtaining decisions of no further action by both entities.
• Obtained summary judgment for a nationwide real estate broker on claims for wrongful termination of a listing agreement.

Healthcare

• Represented a major Fortune 500 company in response to investigations by and subpoenas from the Drug Enforcement Administration. Coordinated extensive discovery efforts, including the management of more than 20 contract attorneys and review of more than 1.5 million documents.
• Represented clients in the healthcare industry defending claims of wrongful death, negligence, strict liability for failure to warn and strict liability for design defects. Obtained an early dismissal of the matters through settlement and dispositive motions or other motions.
• Obtained the voluntary dismissal of a medical malpractice matter on the eve of trial following successful rulings on Daubert motions excluding plaintiff’s liability and damages experts on behalf of a major hospital group. Bell v. OhioHealth Corp.

Election Law

• Represented three of five members of the Ohio Apportionment Board, including the governor, state auditor and president of the Ohio Senate, as outside counsel for the attorney general’s office in defending constitutional attacks to newly drawn Ohio House and Senate districts following the 2010 census, filed as a direct action in the Ohio Supreme Court under Article XI of the Ohio Constitution. Obtained a ruling from the Ohio Supreme Court upholding the adopted apportionment plan. Wilson v. Kasich, 2012-Ohio-5367

Trial Experience

• Obtained a jury verdict in favor of a large automobile manufacturer on claims for violation of Ohio’s lemon law statute and breach of implied warranty relating to claims of a defective sunroof. Munyan v. Ford Motor Co., Perry County, Ohio Common Pleas Court, Case No. 10-CV-0035
• Obtained a favorable verdict for an automobile manufacturer following a bench trial against claims by an existing Iowa dealership that Hyundai was not permitted to place a new dealership in Illinois, but only within the existing Iowa dealership’s previous market area. Leep HYU v. Hyundai Motors America, D. la. No. 3:11-cv-81

Memberships

• American Bar Association
• Ohio State Bar Association
• Columbus Bar Association
• Chief Justice Thomas J. Moyer American Inn of Court

Community

• Ohio University College of Business Society of Alumni and Friends: Board Member
• Rock and Roll Hall of Fame and Museum: "It's Only Rock and Roll" Spring Benefit Committee (2011)