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Big Win for BMD Client Little Mountain Precision

News Article, Client Spotlight

BMD attorneys Mathew Doney and Daniel Rudary tried the case to verdict in federal district court

Brennan, Manna & Diamond Partner Mathew Doney and Partner, Co-Chair of BMD’s Tort Litigation Group Daniel Rudary recently obtained a significant victory for manufacturing client Little Mountain Precision, LLC. Little Mountain entered into long-term, multi-year supply agreements—commonly referred to as “LTAs” in the manufacturing industry. After the agreements were terminated in May 2022, litigation between Little Mountain and the buyer ensued in the United States District Court for the Northern District of Ohio before Judge Patricia A. Gaughan (Case No. Case No. 1:22-cv-01471-PAG).

By filing motions with the Court, BMD obtained the dismissal of third-party claims filed by the buyer. BMD subsequently obtained several victories at the summary judgment stage, including: (1) judgment in Little Mountain’s favor on several of the buyer’s defenses; and (2) judgment confirming the enforceability of the liquidated damages provisions contained within the parties’ contracts.

Attorneys Doney and Rudary proceeded to trial in September 2024. Although the defendant asserted several counterclaims against Little Mountain for breach of contract, the Court dismissed each of them on BMD’s motion for directed verdict. Thereafter, the jury returned a verdict in favor of Little Mountain for the sum of $3,800,000, plus legal costs.

“This case highlighted the importance of understanding the Uniform Commercial Code and the ability that manufacturers like Little Mountain have to adjust those default Code provisions as part of entering into significant deals,” said Attorney Doney.

Attorney Rudary added, “This victory reflects the depth, breadth, and skill of BMD’s litigation practice group, which has a strong record of success trying cases to verdict in state and federal courts.”

BMD Member Robert A. Hager served as a substantial resource throughout the case, and Paralegals Rachel Gue and Andrea Whitacker provided crucial trial assistance. 

If you are in need of contract consultations, including those pertaining to the Uniform Commercial Code, or are otherwise in need of litigation assistance, please feel free to contact Mathew Doney at medoney@bmdllc.com or Daniel Rudary at djrudary@bmdllc.com.


Medical Records Update

In order to help standardize forms to authorize the release of medical records, the Ohio Legislature directed the Ohio Medicaid Department to develop a standardized form to be used by healthcare providers which would authorize the release of medical information in compliance with provisions of HIPAA, state law and the substance abuse and other disorder regulations. Ohio Medicaid has issued a standardized form which use will be effective February 1, 2019.

BMD Congratulates Tony Manna and Signet Capital Advisors - 2018 ACG Deal of the Year

BMD Congratulates Tony Manna and Signet Capital Advisors - 2018 ACG Deal of the Year

BMD Making a Real Impact through the Bridges Program

When the State of Ohio announced the Bridges Program in early 2018, it was an opportunity for real change - it was a commitment to change the narrative for young adults in the foster care system. The program is designed to help young adults aging out of the foster care system prepare for adulthood. BMD has been at the forefront of this initiative providing legal support for the program.

BMD 2019 OHIO SUPER LAWYERS AND OHIO RISING STARS

BRENNAN, MANNA & DIAMOND is proud to announce RICHARD W. BURKE (Estate Planning and Probate), ROBERT A. HAGER (Construction Litigation), MICHAEL A. STEEL (Bankruptcy, Business) and RICHARD L. WILLIGER (Workers’ Compensation, Employment & Labor) have been selected as 2019 Ohio Super Lawyers by Law and Politics magazine, Northern Ohio Live magazine, and Cincinnati Magazine in their respective area of practice. BMD’s 2019 Rising Stars include: JUSTIN M. ALABURDA (Business Litigation), VICTORIA L. FERRISE (Government Relations), ALEX J. McCALLION (Business Litigation), BRANDON T. PAULEY (Business/Corporate) and DANIEL J. RUDARY (Business Litigation)

Family and Friends Remember Brennan Manna Diamond co-Founder

At 6 fee 6 inches and wearing a white cowboy hat, Brennan Manna Diamond co-founder David L. Brennan was known for rescuing failing businesses and blighted areas and initiating and shepherding Ohio's school choice movement.