Read About Our Successful Results
At The Butler Trial Firm, the hard work, dedication and innovation of our attorneys is apparent from the results we achieve for our clients. Here are recent cases handled by our attorneys that made headlines both locally and nationally.
Verdict of $22,294,467
Get Your Back On Track, LLC v. Banshee 3652, LLC, et al. | Hamilton County Court of Common Pleas Case No. A2003571
The Butler Trial Firm represented Get Your Back On Track, LLC, which did business as Revolution Fitness, in a case against the former owners of the property at which Revolution Fitness previously operated. Revolution Fitness’s lease included a right of first refusal that gave it the option to purchase the property if the owner ever intended to sell it. Instead of offering the right of first refusal, the former owner and property manager sold the property out from under Revolution Fitness, ultimately causing Revolution Fitness to cease operations. A jury awarded Revolution Fitness over $22 million, including $14.8 million in punitive damages.
Settlement of $2,350,000
Estate of Jordan Alexander v. Tiffany Davis, et al. | Hamilton County Court of Common Pleas Case No. A1904890
The Butler Trial Firm represented the Estate of Jordan Alexander in a wrongful death matter. The decedent, Ms. Alexander, was operating a motorcycle on Columbia Parkway when a semi-truck, illegally on Columbia Parkway to begin with, attempted to execute a u-turn across several lanes of traffic. Ms. Alexander was unable to avoid colliding with the semi-truck, colliding with it at a significant rate of speed. Ms. Alexander unfortunately suffered fatal injuries. The Butler Trial Firm was able to leverage claims against several different entities to obtain a significant recovery for the grieving family.
Settlement of $2,500,000
Todd Taylor v. Gary Riffle, et al. | Warren County Court of Common Pleas Case No. 17CV90155
The Butler Trial Firm represented Todd Taylor for injuries he sustained when operating a motorcycle on Western Row Rd. in Mason, Ohio. As Mr. Taylor was traveling normally in the inside lane, a driver coming the opposite direction lost the ability to use his brakes and crossed the center line into oncoming traffic, striking Mr. Taylor. Mr. Taylor, although wearing a helmet, suffered traumatic brain injury. Mr. Taylor was unable to continue working and required a substantial amount of assistance with daily activities. The Butler Trial Firm’s investigation uncovered that the driver who struck Mr. Taylor was driving a vehicle owned by his employer and that it had refused to perform recommended maintenance on the vehicle’s brake lines, creating an unreasonable danger to Mr. Taylor and other motorists. The Firm was able to use that unfortunate fact to make sure Mr. Taylor recovered enough to compensate him for his significant loss.
Settlement of $600,000
Nathan Shackleford v. Cincinnati Insurance Company | Warren County Court of Common Pleas Case No. 19CV092319
The Butler Trial Firm represented Nathan Shackleford, a former roadway maintenance worker, who was struck while performing maintenance of a landscaped median in Mason, Ohio. Mr. Shackleford suffered a traumatic brain injury that left him with a significant sensitivity to light and other orthopedic injuries. In addition to recovering from the driver who struck him, The Butler Trial Firm pursued a claim against his employer’s uninsured motorist carrier who had denied coverage because Mr. Shackleford was struck while he was in the roadway and not in a company vehicle. After aggressively pursuing the claim, the Butler Trial Firm was able to establish that the uninsured motorist carrier was responsible for coverage because Mr. Shackleford was using his employer’s vehicle as a base of operations while performing maintenance. The Firm’s diligence enabled Mr. Shackleford to obtain a significantly greater recovery than was available from the driver that struck him, giving Mr. Shackleford the means to move forward with his life despite his significant injuries.
Verdict of $622,497.70
Doug McGonegle v. Select Comfort Retail Corp. | United States District Court for the Southern District of Ohio Case No. 1:19-cv-00442
The Butler Trial Firm represented Doug McGonegle, a former salesperson at a Sleep Number store in Kenwood Towne Center, in a disability discrimination case. Mr. McGonegle suffers from essential tremor, a genetic condition that causes mild hand tremors. Mr. McGonegle’s supervisor did not like the fact that customers could see Mr. McGonegle’s hands shaking and worried that customers might think it was evidence of something worse, like a drinking habit. The supervisor questioned other employees about Mr. McGonegle’s drinking habits and reported to corporate management that she believed Mr. McGonegle might be an alcoholic. Ultimately, Sleep Number terminated Mr. McGonegle for phony reasons. A jury, after a week-long trial, determined that Sleep Number had terminated Mr. McGonegle because of his hand tremor and awarded him $622,497.70, which included $500,000 in punitive damages.
Confidential Settlement
Matt Smith v. Jedson Engineering, Inc. | United States District Court for the Southern District of Ohio Case No. 1:23-cv-00572
The Butler Trial Firm represented Matt Smith, a professional engineer with significant experience designing complex industrial facilities. Without warning, Jedson terminated Mr. Smith, alleging that he was not performing adequately despite having recently placed Mr. Smith in charge of potentially the most lucrative design project in company history. Shortly after Mr. Smith lost his position, he learned that he had been replaced by a significantly younger engineer. The Butler Trial Firm was able to achieve a resolution to the matter.
Settlement of $150,000
Rashida King v. Cincinnati Public Schools | United States District Court for the Southern District of Ohio Case No. 1:17-cv-00794
The Butler Trial Firm represented Rashida King, a former public school teacher, for disability discrimination. Ms. King suffered from depression and requested that the school grant her a short period of leave. While on leave, Ms. King learned that the principal of her school held a meeting with other teachers, informing them that Ms. King was “crazy,” that she was letting her fellow teachers down by taking leave, and threatening to not renew Ms. King’s contract for the following school year. Ultimately, Ms. King did not feel like she could return to her position due to the flagrant breach of confidentiality surrounding her medical condition. After the Court denied Cincinnati Public Schools’ efforts to have the case dismissed, The Butler Trial Firm was able to obtain a significant settlement for Ms. King.
Summary Judgment Decision In Plaintiff’s Favor
Antalita King v. Lazer Spot, Inc. | United States District Court for the Southern District of Ohio Case No. 2:22-cv-03924
The Butler Trial Firm represented Antalita King in an action against a former employer for FMLA interference. Ms. King, a truck driver, requested and took leave due to a thyroid condition. When she was ready to return, Lazer Spot demanded that Ms. King provide it with copies of her medical records listing all conditions for which she had been treated in the past. Under the FMLA, Ms. King was not required to provide her employer with copies of her confidential medical records and refused to do so. As a result, Lazer Spot refused to allow Ms. King to return from FMLA leave and ceased paying her. The Butler Trial Firm asked the Court to grant summary judgment in Ms. King’s favor based on Lazer Spot’s violation of the FMLA. The Court granted Ms. King’s motion. It is very rare for courts to grant judgment to a plaintiff prior to trial in an employment discrimination case, but the Butler Trial Firm was able to achieve that victory based on its persistence in pursuing the case.
Confidential Settlement
Andrew Jackson v. R&R Tool, Inc. | United States District Court for the Southern District of Ohio Case No. 1:22-cv-00275
The Butler Trial Firm represented Andrew Jackson in an action against a former employer for violation of his rights under the FMLA. Mr. Jackson suffered from a chronic medical condition that required him to take FMLA leave as needed. Mr. Jackson’s employer suddenly terminated Mr. Jackson after it concluded he had exhausted his 12 weeks of available FMLA leave. After the Butler Trial Firm investigated the matter thoroughly, it was able to determine that Mr. Jackson’s employer had miscounted his use of FMLA leave. In particular, Mr. Jackson’s employer only allotted him 480 hours of leave, which equals the 12 weeks of leave the FMLA requires, multiplied by 40 hours. However, Mr. Jackson regularly worked in excess of 40 hours in a week and, therefore, his employer was overcounting his FMLA usage. After the Butler Trial Firm sought judgment from the Court in Mr. Jackson’s favor, the matter was resolved confidentially.
Confidential Settlement
Mary Zonker v. Gabriel Brothers, Inc. | United States District Court for the Southern District of Ohio Case No. 3:18-cv-00395
The Butler Trial Firm represented Mary Zonker, a former employee at Gabriel Brothers department store. Ms. Zonker was the primary caregiver for her disabled granddaughter and requested FMLA leave so that she could take off of work to attend appointments and provide other necessary care. Gabriel Brothers, frustrated by Ms. Zonker’s leave and the need to cover her absences, refused to grant Ms. Zonker FMLA leave because it claimed Ms. Zonker did not prove she stood in loco parentis, or was a substitute parent, for her granddaughter. After the Butler Trial Firm asked the Court to grant judgment in Ms. Zonker’s favor, the matter was resolved.
Noncompete Agreement Decision
Total Quality Logistics, LLC v. EDA Logistics, et al., | United States District Court for the Southern District of Ohio Case No. 1:21-cv-00164
The Butler Trial Firm represented EDA Logistics and Ryan Daniels, a former employee of Total Quality Logistics who left his employment with TQL and started his own brokerage company. TQL sued EDA Logistics and Mr. Daniels for violating Mr. Daniels’s noncompete agreement with TQL. TQL sought significant monetary damages, a broad injunction to prevent Mr. Daniels from performing any freight brokerage services, and significant attorney fees. The Butler Trial Firm successfully defended the case at trial, after which the Court denied TQL’s request for damages, imposed only a very narrow injunction, and ruled that the provision in Mr. Daniels’s noncompete requiring him to pay TQL’s attorney fees was unenforceable under Ohio law. TQL appealed the decision to the Sixth Circuit Court of Appeals, which upheld the decision, including that TQL’s attorney fee provision was unenforceable. This was a significant victory not just for Mr. Daniels and EDA Logistics, but for all employees of Ohio that are subject to noncompete agreements that require a potential payment of attorney fees.
Arbitration Award of $174,804.51
Linneman v. Total Quality Logistics, LLC
The Butler Trial Firm represented Christopher Linneman in an action against Total Quality Logistics for FMLA interference. Mr. Linneman took FMLA leave for the birth of his child. While on leave, some members of Mr. Linneman’s team improperly handled a load resulting in a loss for TQL. Several months later, TQL terminated Mr. Linneman as a result of the mistake other employees made while he was on FMLA leave. The arbitration panel found in Mr. Linneman’s favor, awarding him $174,804.51 in lost wages. The arbitration panel also ordered TQL to pay the Butler Trial Firm’s significant attorney fees.