Breach of Contract Representative Matters.
Won dismissal with prejudice in U.S. District Court, Northern District of Ohio
Won dismissal with prejudice in U.S. District Court, Northern District of Ohio, on basis that the City of Avon, Ohio failed to follow the mandatory dispute resolution process set forth in the Stadium Lease prior to commencing litigation. The City prematurely initiated a lawsuit in State Court against Avon Baseball, LLC, an entity that owned and operated the Lake Erie Crushers, a minor league baseball team, alleging that Avon Baseball failed to pay the City marquee revenues derived from advertising pursuant to the governing Stadium Lease between the parties. We successfully removed the case to Federal Court. Following dismissal, the parties and counsel engaged in a detailed dispute resolution process at the conclusion of which the matter was settled favorably on behalf of Avon Baseball.
Averted Major Shutdown of Appliance Manufacturer’s Plants Throughout Ohio, After Successful Preliminary Injunction Hearing Results in Consent Order and Settlement
After the first day of Whirlpool’s testimony in a preliminary injunction hearing in the U.S. District Court, Northern District Ohio, Steve Kaufman helped negotiate the return to Whirlpool of critical equipment being withheld by a supplier in a dispute over financial issues. The supplier entered into a stipulated order providing for the return of the equipment after the preliminary injunction hearing at which the Judge questioned the supplier on the record, asking “But what’s the dispute? [The agreement] says immediate possession of [the] tools.” The supplier had initially refused to allow the return of the equipment on demand as the parties agreements required. The return of the equipment was critical to preventing costly disruptions at Whirlpool plants, including the threatened shutdown of production line shifts in Ohio. A settlement of the remaining claims and counterclaims, including claims of breach of contract and fraud, was successfully obtained following the return of the equipment to Kaufman & Company’s client. Steve Kaufman served as lead trial counsel, and Ohio co-counsel.