Robert J. Tucker

Experience

Class Actions

• 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 a 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 an insurer in defense of a class action lawsuit alleging breach of contract and bad faith denial of insurance payments for property damage to roofs following a hailstorm. Assisted with e-discovery, which included collecting, culling, searching and reviewing documents and responding to discovery requests. Assisted in obtaining the 7th Circuit's 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.
• Defended an insurer in defense of several lawsuits challenging the company’s issuance of lender-placed insurance policies claiming that such policies were artificially inflated, including drafting motions to dismiss and taking fact and expert depositions.
• Represented an insurer in a class action alleging failure to properly pay overhead and profit to insureds on homeowners’ property damage claims.

Real Estate

• Obtained summary judgment for a nationwide real estate broker on claims for wrongful termination of a listing agreement, and argued for affirmance of the decision in the Ohio Court of Appeals.
• Represented real estate appraisers in complaints filed with state licensing boards or agencies and the Appraisal Institute in obtaining decisions of no further action by both entities.
• Represented real estate appraiser subpoenaed to testify before the Ohio Board of Taxation.
• Drafted amicus briefs for the Ohio Association of Realtors in cases involving local ordinances limiting the rights of property owners.
• Board attorney for the Columbus Board of Realtors during ethics and arbitration hearings.

Healthcare

• Represented a major Fortune 500 company in managing strategy for all discovery in thousands of lawsuits filed against the company over the opioid epidemic. Managed and developed strategy for a team of over 60 attorneys and production of millions of pages of documents to dozens of jurisdictions. Assisted in preparation of witnesses for depositions.
• 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 early dismissal of matters through settlement and dispositive or other motions.
• Represented large healthcare system in central Ohio with over 10 hospitals and numerous other emergency and outpatient treatment centers in defending claims of medical malpractice and negligence. Took and defended dozens of fact and expert depositions. Successfully obtained dismissal of several cases on motions to dismiss or summary judgment.

Election Law

• Successfully represented 10 members of Congress and several other voters in intervening to defend Ohio’s Congressional districts against claims for violation of the First Amendment, Equal Protection and the Elections Clause of the U.S. Constitution including a two-week trial and appeal to the United States Supreme Court. Ohio A Philip Randolph Institute v. Householder, 373 F. Supp.3d 978 (2019), vacated and remanded by 140 S. Ct. 101 (2019).
• Represented the Pennsylvania Speaker of the House in a state court challenge to the state’s congressional redistricting plan under the state constitution including a 5-day trial and appeal to the Pennsylvania Supreme Court.
• 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 Ohio 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
• Represented Representative Troy Balderson’s campaign in primary recount.
• Represented a political action committee in complaints before Federal Election Commission.
• Advised clients in setting up connected political action committees.

Other 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 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
• Obtained favorable verdict for a food distribution business on claims for fraudulent conveyance in seeking to collect on outstanding balance owed by customer.

Memberships

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

Community

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