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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.


BMD Client Eating Recovery Center and Pathlight Mood & Anxiety Center Announce New Partners

BMD President and Healthcare Member Matthew Heinle advised Eating Recovery Center as they announce new partners

BMD Client Spotlight: AxessPointe Community Health Centers

BMD is happy to share background on our client AxessPointe. Client Contacts: Mark Frisone, Interim CEO Jay Williamson, MD, Board President Industry: AxessPointe Community Health Centers is a federally qualified health center (FQHC) serving patients throughout Summit and Portage counties, including five current sites in Northeast Ohio: three in Akron, one in Kent and one in Barberton. As an FQHC, AxessPointe is a non-profit corporation that delivers primary medical, dental and preventive health services in medically underserved areas. AxessPointe also provides pharmacy, women’s health and behavioral health services. Across all five sites, AxessPointe currently employs 130 total medical and administrative staff. In 2019, they served more than 21,000 individual patients, with more than 66,000 encounters.

BMD Client Spotlight: Eating Recovery Center

With 6,500 patients per year, locations across 7 states, and daily long-term support capabilities, ERC and Pathlight comprise the nation’s leading mental health care system dedicated to the treatment of eating disorders and primary mood, anxiety and trauma-related disorders. They aim to patch the need for more specialized behavioral health treatment across the country. ERC and Pathlight fill the gap with developmentally appropriate treatment that includes: An expert care team that coordinates therapeutic, psychiatric, medical and dietary needs of each patient Evidence-based psychotherapy treatment, with emphasis on exposure therapy to develop and practice new skills Intensive Treatment Units for patients with complex medical and/or behavioral needs Unmatched family programming with expanded spaces dedicated to family therapy and skill-building Round-the-clock nursing supervision and support An education specialist who oversees patients' academic needs, so they don’t fall behind in school

David Scott & Amanda Waesch Promoted to Vice President Roles as Part of Continued Succession Planning

Brennan, Manna and Diamond (BMD), an entrepreneurial business law firm with six offices in Ohio and Florida, has promoted Columbus Office Managing Partner David Scott and Executive Committee Member Amanda Waesch to the position of Vice President.

'Culture, Culture, Culture’: The Essence of Printing Industry M&A Deals

BMD/Signet's Tony Manna interviewed by Printing Impressions