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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.


Physician Non-Competition Agreements 2022

Contract provisions with restrictions on physicians practicing in the same area should they change employment have been around for decades. In Ohio, courts continue to state that while provisions are generally disfavored, non-competition provisions remain enforceable. Specifically, as to physician non-competes, the courts note that such agreements are further scrutinized regarding the adverse effect on the public interest to keep healthcare professionals in a community. Courts have continued in more cases than not to enforce restrictive covenants against physicians.

Immigration Attorney Talks Crisis in Ukraine (published by Community Legal Aid, 4/6/22)

Duriya Dhinojwala interview with Community Legal Aid

BMD Attorney Marlon Primes Appointed to the Georgetown Law Board of Visitors

BRENNAN, MANNA & DIAMOND attorney and former Assistant U.S. Attorney for the Northern District of Ohio, Marlon Primes, has been appointed to the Georgetown Law Board of Visitors.

Brennan Manna Diamond Congratulates 2022 Crain’s Cleveland Notables in Law

BMD Press Release

BMD Adds Evidence Optix® to its Litigation eDiscovery Workflow

Insight Optix, a legal technology company, is pleased to announce that Brennan Manna Diamond (BMD), a business law firm with more than 75 attorneys and nine offices across the country, is adding Evidence Optix (EO) to its discovery workflow.