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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.


Jeffrey C. Miller discusses "Guns and Drugs in the Workplace" at Legal Education event Feb. 20, 2020

On Thursday, February 20, 2020 at the Builder's Exchange Training Center in North Canton, Attorney Jeff Miller will be discussing guns and drugs in the workplace. Both are legal in Ohio, but what about the workplace? Jeff will discuss concealed carry and medical marijuana in the workplace, and employer options for addressing these emerging issues. In today's tight labor market, the correct policies and procedures on guns and drugs are crucial.

BMD Strengthens Presence with New Office in Canton, Ohio

CANTON, OHIO - Brennan Manna Diamond, LLC, a full-service law firm based in Akron, Ohio and with more than 70 attorneys, is expanding to Stark County. We are pleased to announce that we have opened a new office in Canton, Ohio. The new office is located at: 4518 Fulton Road, Suite 202, Canton, OH 44718.

FTC Supports Retiring the Ohio APRN Collaborative Agreement

As an industry leading advocate and general counsel for the Ohio Association of Advanced Practice Nurses, Brennan, Manna & Diamond attorney, Jeana M. Singleton, has been integral in efforts to bring an outdated regulatory structure into the 21st century by modernizing the law and expanding access to care.

BMD Congratulates 2020 Ohio Super Lawyers and Ohio Rising Stars

BRENNAN, MANNA & DIAMOND is proud to announce RICHARD W. BURKE (Estate Planning and Probate),HAMILTON DeSAUSSURE, JR. (Business Litigation), ROBERT A. HAGER (Construction Litigation), DAVID J. HRINA (Business/Corporate), MICHAEL A. STEEL (Bankruptcy, Business) and RICHARD L. WILLIGER (Workers’ Compensation) have been selected as 2020 Ohio Super Lawyers by Law and Politics magazine, Northern Ohio Live magazine, and Cincinnati Magazine in their respective area of practice. BMD’s 2020 Rising Stars include: JUSTIN M. ALABURDA (Business Litigation), KYLE A. JOHNSON (Business Litigation), ALEX J. McCALLION (Business Litigation), CHRISTOPHER J. MEAGER (State/Local/Muni Law), BRANDON T. PAULEY (Business/Corporate) and DANIEL J. RUDARY (Business Litigation)

Ohio's "One Bite" Program Changes

The Ohio Medical Board has for some years had a “One Bite” program where a physician with a substance problem could undergo treatment. The treatment was private and not disclosed to the Medical Board. If the problem was later disclosed, the physician obtaining treatment would avoid sanctions from the Medical Board.