Robert M. Kincaid Jr.

Experience

Shareholder and Fiduciary Litigation

• Firestone v. Galbreath (C.A.6, 1992), 976 F.2d 279 and Firestone v. Galbreath (1993), 67 Ohio St. 3d 87, 616 N.E.2d 202 (defense of a nationally known family and related defendants and corporations in federal and state court in a case alleging fraud, breach of fiduciary duties, and RICO violations)
• Univ. Circle Research Ctr. Corp. v. Galbreath Co. (1995), 106 Ohio App. 3d 835 (defense of breach of contract and breach of lease claims involving a commercial parking garage)
• Doctors Hosp. v. Hazelbaker (1995), 106 Ohio App. 3d 305 (prosecution of breach of a joint venture agreement for the construction of an independent living facility)
• Anderson v. Jefferson Sav. Bank (S.D. Ohio 1995) (defense of savings and loan and board of directors in breach of fiduciary duty and whistleblower claims), No. 93-CV-660
• Nat'l Sign and Signal, Inc. v. Lebbos (1995), Calhoun Cty., Michigan, No. 95-3069CZ (prosecution of claims for breach of fiduciary duty and unfair competition against former president and officers)
• Frazier v. Miller (2004), Fairfield Cty., Ohio, No. CV062 (prosecution of breach of contract, breach of fiduciary duty, and fraud and tortious interference claims against president and majority shareholder)
• Neumeyer v. Estate of Penick (2009), 180 Ohio App.3d 654, 2009-Ohio-321 (defense of estate in fraud, undue influence, and tortious interference claims)
• SEC v. Parker et al. (S.D. Ohio, 2003), No. C2-03-0065 (defense of insider trading claims against an outside director)

Commercial and Business Litigation

• Corbitt Mfg. Co., Inc. v. GSO America, Inc. (S.D. Ga. 2002), 197 F.Supp.2d 1368 (defense of trademark infringement and unfair competitions claims)
• Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Discount Ctrs., Inc. (C.A. 5, 2000), 200 F.3d 307 (defense of antitrust claims)
• Adams v. LCI Telecom Corp., (July 20, 2000) Franklin App. No. 99AP-1199 (prosecution of breach of contract claims for royalties)
• Federated Dep't Stores v. J.V.B. Indus. (C.A.6, 1990), 894 F.2d 862 (defense of breach of contract and construction claims)
• Pension Benefit Guar. Corp. v. Bank One N.A. (1998), 34 F. Supp. 2d 608 (defense of national bank in pension claims)
• Anderson v. Scherer (1994), 97 Ohio App. 3d 753 (final appealable order)
• Del Valle v. Del Valle (1993), 91 Ohio App. 3d 829 (defense of breach of fiduciary duty and fraud claims)
• Mr. Fireworks, Inc. v. Dayton (1998), 48 Ohio App. 3d 161 (prosecution of claim on behalf of a fireworks wholesaler against the Fire Chief of the City of Dayton prohibiting sale of legal fireworks)
• Marie Wells, Executor v. C.J. Mahan Constr. Co. (2005), Franklin Cty. Ohio No. 01CVH02-1915 (defense of breach of contract and shareholder agreement)
• Commodity Futures Trading Commission v. Todd J. Delay (D. Neb. 2006), No. 7:05CV5026 (defense of market manipulation claims)
• Cleveland Bar Ass’n v. CompManagement, Inc., et al. (2004), 104 Ohio St.3d 168, 2004-Ohio-6506; Cleveland Bar Ass’n v. CompManagement, Inc., et al. (2006), 111 Ohio St.3d 444, 2006-Ohio-6108 (defense of unauthorized practice of law claims in conjunction with a $90 million merger agreement).

Employment Litigation

• Shearin v. Safelite Glass Corp. (E.D.N.C. 1999), No. 4:97-CV-81-B02 (defense of hostile work environment and sexual harassment claims)
• Marbelite Co., Inc. v. Nat'l Sign & Signal Co. (C.A.2, 2000), No. 00-7754; (E.D.N.Y. 2000) No. 96-cv-3903 (defense of breach of employment contract and retaliation claims)
• Early v. Safelite Glass Corp. (2000), General Court of Justice, Sup. Ct. Div., N. C., No. CVS 459 (defense of hostile work environment and sexual harassment)
• Hall v. Banc One Mgt. Corp. (2007), 114 Ohio St. 3d 484, 2007-Ohio-4640 (defense of age discrimination, sex discrimination, and retaliation claims).

Representative Matters Resolved Prior to Trial

• Robert J. Starkey v. MedVet Associates, Inc., et al., (2013) Franklin Cty. Ohio No. 12CVH-011535 (defense of one of the largest privately owned emergency and specialty veterinarian clinics in the Midwest, its Board, and majority shareholders in litigation by a minority shareholder alleging breach of contract, breach of fiduciary duty, civil conspiracy, and fraudulent inducement)
• The Dispatch Printing Company, et al., v. National City Corporation, et al., (2012) Franklin Cty. Ohio No. 08CVH-6506 (defense of lead investor in a breach of fiduciary duty and aiding and abetting claim brought against the board of directors as a result of a $7 billion recapitalization of a publicly traded bank holding company).
• Cordell Funding, LLLP, v. IPOFA Columbus Works, LLC, et al., (2010) Franklin Cty. Ohio No. 08-CVE-05-7509 (representation of secured lender in a $27 million foreclosure regarding the enforceability of an allegedly forged promissory note under the Uniform Commercial Code)
• Olentangy Local Schools Board Of Education, v. Champaign, Delaware, Marion, Union Schools Employee Welfare Benefit Association, et al., (2010) Delaware Cty. Ohio No. 10 CVH 01 0072 (representation of a consortium of school boards in a $4 million claim for breach of contract and breach of fiduciary duty with regard to maintenance of a welfare benefit association)
• Marcos V. Taccolini v. Indusoft, Ltd., et al., (2008) Franklin Cty. Ohio No. 08CVH06 08367 (represented owners of computerized control and industrial manufacturing software valued in excess of $10 million in simultaneous litigation in Ohio, Texas, and Brazil involving breach of fiduciary duty, breach of contract, tortious interference, and fraud claims against former president)
• Nemoto & Co., Ltd., And United Mineral & Chemical Corporation v. Visionglow Pty. Ltd., Tri E Technologies, LLC, Trivona Innovations, LLC, Visionglow of North America, LLC, Visionglow Global Limited, et. al. (S.D. Ohio 2007), No. 93-CV-660 (defense of a patent infringement, common law unfair competition, and tortious interference claims in excess of $5 million)
• Tri State (E) Recycling, et al. v. Dennis Loyd, (2007) Butler Cty. Ohio No. 2007 11 4529 (defense of breach of contract, misappropriation of trade secrets, and injunctive relief claims related to the above patent litigation)
• The Altman Company v. Rastra Ohio, Inc., et al. (2009) Franklin Cty. Ohio No. 09CVH710138 (defense of the Solid Waste Authority of Central Ohio in various claims under port authority revenue bonds issued by the Columbus-Franklin County Finance Authority. The amount in dispute exceeded $4 million.)
• North Coast Gas Transmission, LLC v. KNG Energy, Inc., et al. (2009) Cuyahoga Cty. Ohio No. 04 CV 542560 (representation of an intrastate natural gas transmission pipeline owner against the operator of its transmission line for breach of contract, fraudulent conveyance, breach of fiduciary duty, and civil conspiracy against the pipeline operator and board of directors. The amount in dispute exceeded $2 million.)
• Kuhns Investment Company, et al., v. Samuel A. McCray, Executor of the Estate of Robert Kuhns, Montgomery Cty. Ohio No. 321123 and No. 321125 (represented contestants in a will contest and tortious interference claim involving a $90 million estate).
• JP Morgan Chase Bank, N.A., Successor Trustee of the Harvey S. Firestone Trust v. Jeffery B. Firestone, et. al. (2009) Summit Cty. Ohio No. 2009CV054 (represented plaintiffs in a declaratory judgment action regarding estate and trust distributions. The amount in dispute was $30 million).
• Ellen C. McClure v. George W. McClure, et al., (2012) Hamilton Cty. Ohio No. 2008004384 (represented defendant in an action for the pre-mortem declaration of the validity of the will and trust).
• In re Estate of William Brenner Levinson (1991), Case No. 91-E-269, Probate Court of Jefferson County, Ohio (represented defendant estate of a Jefferson County Common Pleas judge in tortious interference, fraud, and breach of fiduciary duty claims. The amount in controversy was approximately $4 million. The case was successfully settled with a cost of defense settlement.)
• Kinnard, et al. v. National City Bank, N.E., et al. (1997) Jefferson County Common Pleas Court; Case No. 97-CV-7 (represented defendant attorney who drafted decedent's will and was the holder of decedent's power of attorney in tortious interference, fraud, and breach of fiduciary duty claims. The amount in dispute was approximately $5 million.)

Memberships

• American Bar Association
• Federal Bar Association
• Ohio State Bar Association
• Columbus Bar Association