Robert J. Tucker

Experience

Insurance Class Actions

• Represented numerous insurers in class actions relating to payment for value of windshield damage, payment for damage to roofs following a hailstorm, and claims challenging practices for payment of overhead and profit and labor depreciation.
• Assisted clients at all levels including drafting motions to dismiss, taking and defending depositions, briefing class certification and assisting with e-discovery, which included collecting, culling, searching and reviewing hundreds of thousand documents and responding to discovery requests.
• Assisted in obtaining reversal of the trial court’s class certification decisions before both the Seventh Circuit and the Ohio Supreme Court.

Real Estate

• Obtained summary judgment for a nationwide real estate broker on claims for wrongful termination of a listing agreement, and successfully argued for affirmance of the decision in the Ohio Court of Appeals.
• Represented a nationwide real estate broker defending against claims for breach of the listing agreement and breach of fiduciarily duties stemming from the sale of a multimillion-dollar property.
• Represented the Multiple Listing Service of the Columbus Board of Realtors and MLS Now in responding to third-party subpoenas in high stakes antitrust litigation over buyer broker commissions.
• 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.
• Counsel for the Ohio Association of Realtors representing them in submitting numerous amicus briefs on important property rights issues and Board attorney for the Columbus Board of Realtors during ethics and arbitration hearings.

Healthcare

• Represented a major Fortune 500 healthcare 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 healthcare company in lawsuit seeking preliminary and permanent injunction following decision to terminate distribution of controlled substances to the customer.
• 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.

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 U.S. Supreme Court.
• 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 five-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

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