Buckley King : Located in Cleveland, Columbus, Cincinnati, Ohio, Atlanta, Georgia, Attorneys, Lawyers, Representation, Advocacy, Litigation, Business, Financial, Bankruptcy, chapter 7, chapter 13, restructuring, complex litigation, insurance defense and coverage, commercial, appellate, apelate, product liability, toxic tort, high complex

Determination, quality, and thorough preparation combined with aggressive and strategic planning are the valued cornerstones of our litigation practice. Our Advocacy & Litigation Group appears regularly in state and federal courts, at both the trial and appellate levels. We handle a full spectrum of matters, including highly complex, sophisticated cases, multidistrict litigation, and appear in courts throughout the United States pro hac vice due to client requests for us to serve as co-counsel.

While we vigorously protect our clients' interests in litigated matters, we understand that, at times, a client's needs are best served by resolving matters through other alternative dispute resolution techniques, such as mediation or arbitration, which can be faster, less expensive, and a private alternative to resolving commercial and business disputes. Working with our clients in evaluating all options is something we encourage, not avoid.

Buckley King's litigation practice is comprised of a vast array of experience in:

• Alternative Dispute Resolution
• Appellate Advocacy
• Bankruptcy Litigation
• Commercial and Business Litigation

• Complex Litigation
• Environmental Litigation
• Insurance Defense and Coverage

Product Liability and Toxic Torts

Brent M. Buckley, Chair: buckley@buckleyking.com
Dale A. Stalf, Co-Chair: stalf@buckleyking.com

Alternative Dispute Resolution

Schooled in trial procedures and seasoned by years of experience in the courtroom, our attorneys recognize that a client's interests sometimes may be resolved more cost effectively through alternative dispute resolution (ADR). This can include conventional ADR processes, arbitration, mediation, face-to-face processes; and other ADR tools, both formal and informal. Buckley King attorneys are skilled in mediation and arbitration techniques, both in representing clients and by serving as mediators and arbitrators.

We understand the dynamics that prevail in ADR, and bring years of knowledge and experience to bear when cost, complex issues, speed, efficiency, publicity, privacy, and/or post-resolution business relationships are vital considerations.

Appellate Advocacy

Our appellate attorneys play a critical role in our litigation practice. Before trial, our appellate attorneys may be called upon to analyze the prospects for an appeal from administrative decisions, interlocutory orders, discovery rulings, procedural matters, collateral issues or dispositive motions. During trial, our appellate attorneys stand ready to assist their trial colleagues in identifying and preserving potential appellate issues, and in crafting jury instructions and motion practice with an eye toward protecting any appeal that might follow. Whether seeking to preserve a favorable result, or to set aside an erroneous judgment, our appellate attorneys bring skill and experience to briefing and oral argument. Active in local, state, and national appellate courts and organizations, we have appeared in appellate courts in several jurisdictions and in the United States Courts of Appeal for the Second, Third, and Sixth Circuits, and in the United States Supreme Court.

Bankruptcy Litigation

In bankruptcy cases, ancillary litigation is commonplace. Creditors routinely are sued to return payments that allegedly were "preferential." Sometimes, lawsuits may be filed in bankruptcy for other reasons, such as breach of contract, fraudulent conveyance, "equitable subordination," or violations of state or federal laws.

The Advocacy & Litigation Group assists our bankruptcy and restructuring attorneys in representing debtors' or creditors' committees (official or unofficial), prosecuting claims involving "avoidable" transfers, or defending clients who are sued by a creditor, debtor, or its bankruptcy trustee. Adversary proceedings, receivership matters, fraud claims, injunctions, financial crimes, and complex commercial issues are among the areas where we have brought innovative solutions to difficult matters.

Commercial and Business Litigation

Too often, disagreements between parties to a commercial or business transaction can lead to a courtroom. Although we work extremely hard for our clients to avoid the time and expense of litigation, sometimes it is unavoidable. When commercial or business litigation is threatened, our attorneys step in to protect our clients.

We counsel clients about available options, whether those options include formal or informal processes. Because costs often increase the longer a matter remains unresolved, our trial and advocacy experience factors into the options given to clients to help them decide the most cost-effective and direct paths to resolving their disputes or in achieving the true objectives of a client. Our tenacity, determination, and focused strategies cut through complexities and delays.

Buckley King's experience spans a wide variety of business and commercial disputes. Representative business matters include breach of contract claims, business torts, fiduciary claims, unfair business practices, banking and lending, misappropriation of trade secrets, specific performance disputes, crisis management, injunctions, covenants not to compete, real estate, construction, employment, and other matters. We also regularly represent clients in commercial matters, such as banking, fraud, financial crimes, and Uniform Commercial Code cases. Our attorneys have the trial and advocacy skills to enforce our clients' rights and to defend our clients' interests.

Complex Litigation

Buckley King regularly represents clients involved in complex, sophisticated litigation matters. For example, we have served as national coordinating counsel for large national clients in toxic tort and multidistrict litigation. In its role as a national coordinating counsel, Buckley King brings years of experience plus the ability to manage, coordinate and streamline the defense of litigation in multiple jurisdictions, including the defense by numerous local firms. Our attorneys additionally act as regional, statewide, and local counsel in multi-jurisdictional toxic tort cases. As well, we have been retained to represent businesses, banking and insurance clients on matters of first-impressions, or involving novel theories having significant implications.

Buckley King attorneys have also served, and are currently serving, as counsel in significant multidistrict litigation pending in the federal district courts.

A team approach, cost-effective staffing and use of the latest technology are the hallmarks of Buckley King’s representation of a client in complex, multi-jurisdictional matters.

Environmental Litigation

With the myriad of laws, rules, and regulations designed to protect the environment promulgated over the last few decades, businesses are much more likely now to find themselves in the cross-hairs of disgruntled property owners or the government. Buckley King attorneys have defended clients' rights and interests in environmental litigation for more than twenty years.

Our representation includes almost every area of environmental law affecting businesses and landowners. We have represented clients in matters ranging from regulatory hearings to CERCLA trials, and have covered a geographic range that encompasses the Great Lakes' region and the East Coast. Buckley King counsels both buyers and sellers in due diligence and remediation plans for property acquisitions. We also work with state and federal regulators on behalf of our clients. If an environmental issue arises, our attorneys are ready and able to assist.

Insurance Defense and Coverage

Buckley King's long-standing insurance practice includes representing self-insured clients, insureds on behalf of institutional clients, insurers in "first-party" claims, and coverage disputes. We provide coverage opinions and counseling to identify the insurance product that best provides the coverage our clients need. The attorneys in our insurance practice have a wealth of litigation and ADR experience to handle our clients' issues.

Insurance Defense

Our insurance defense attorneys have significant experience in all aspects of insurance practice, having represented national institutional clients, including major insurance companies, self-insureds, and third-party administrators from across the United States. Those companies have entrusted us to represent them or their insureds in matters involving the following types of coverage and legal issues:

This practice draws upon the Firm's experience in complementary areas, such as corporate/business, financial services, labor/employment, environmental, bankruptcy, real estate, health care, and estate planning/probate. The ability to access this in-house knowledge has proved to be of substantial benefit in complex litigation matters.

Coverage Issues

Buckley King regularly is retained to represent insurance companies in first-party and third-party disputes. We have appeared in state and federal courts in numerous jurisdictions, for a broad range of insurance-related claims. Our insurance coverage attorneys have extensive experience in coverages offered by the industry, including:

Product Liability and Toxic Torts

As we all know, in recent decades, products and substances once thought to be harmless have been the subject of enormous verdicts, found to be unreasonably dangerous, been subject to recalls, or have been the basis for mass tort litigation. The most prevalent example is asbestos. Those who manufactured, sold, or even distributed products containing asbestos have been sued by hundreds of thousands of individuals. Our product liability and toxic tort attorneys currently defend tens of thousands of these asbestos cases throughout Ohio and in other states. We efficiently manage our high-volume practice through streamlined staffing with attorneys, experienced paralegals, and other paraprofessionals. Buckley King utilizes the latest technology, including using custom databases and specialty applications, to manage our complex litigation as well as for cases that involve millions of pages of documents.

Some of our attorneys began their defense careers in shipyard asbestos cases on the East Coast, and expanded their practices to include other tort litigation cases. Today, our attorneys also defend businesses that have been sued in other toxic and mass tort cases, such as mold exposure, silica, welding rod fumes, latex, formaldehyde, lead paint, and other substances.

We also have substantial experience defending manufacturers and others for alleged product defects, including, for example, the following industries: food preparation machinery, industrial machinery, lift trucks, off road/construction vehicles, automotive, watercraft and other recreational products, and medical devices.

ADVOCACY & LITIGATION GROUP