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Phone: (419) 241-1200
Fax: (419) 720-3442
Email: walinski@cooperwalinski.com
Areas of Practice:
Education: The University of Toledo College of Law, Toledo, Ohio, 1969, J.D. cum laude
The University of Toledo, Toledo, Ohio, 1965, B.A. magna cum laude
Duquesne University, Pittsburgh, Pennsylvania (Graduate School)
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| Richard S. Walinski |
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| Dick is the Chair of the firm's Appellate Practice Group. He practices in the areas of contract, corporate, and commercial litigation. He also has done significant litigation in criminal law, civil rights, insurance coverage, and products liability.
He has carried Martindale-Hubbell’s AV rating for over 35 years and has been listed in annual editions of The Best Lawyers in America. He is listed in Ohio Super Lawyers, which in 2004 listed him as one of the Top 100 lawyers in Ohio. In 2002, he received The University of Toledo Alumni Association's Distinguished Lawyer Award.
Dick has twice served as Chief Counsel to the Attorney General of Ohio, the only person in Ohio to have served in that capacity for both Republican and Democratic attorneys general. He has also served as Chairman of the Rules Advisory Committee of the Supreme Court of Ohio, where he also chaired the Evidence Rules Subcommittee.
Dick received a Bachelor of Arts degree in philosophy magna cum laude from The University of Toledo in 1965. Before entering law school, he studied philosophy in the graduate school of Duquesne University. Dick received a law degree cum laude from The University of Toledo in 1969, where he was the founding Editor-in-Chief of The University of Toledo Law Review. He is a member of the Order of the Coif and of the American Society of Writers on Legal Subjects.
Publications:
- Choice of Law in Ohio: The Entire Restatement 2d of Conflicts, 22 Ohio Lawyer 17 (November/December 2008)
- Allocation in All-sums Jurisdictions: Can Insurers Collect from Policyholders?, Coverage (July/August 2007)
- The ABA’s New Vision of the Jury’s Function: An Opposing View, 32 Litigation 5 (Spring 2006)
- Questioning by Jurors: A Flawed Idea, 19 Ohio Lawyer 32 (January/February 2005)
- Rethinking CLE for Judges, 18 Ohio Lawyer (2004)
- The Ohio Rules of Evidence, 51 Ohio Bar 1939 (1978)
- Ohio Evidence, Professional Educational Systems (1989)
- The Proposed Ohio Rules of Evidence: The Case Against, 28 Case Western Reserve Law Review 344 (1978)
- Expectations of Privacy: Fourth Amendment Legitimacy Through State Law, 16 Harvard Civil Rights-Civil Liberties Law Review 1 (1981)
Honors and Awards:
- Listed in annual editions of Ohio Super Lawyers since 2004
- Listed in annual editions of The Best Lawyers In America since 1993
- Listed in Who's Who In American Law
- Distinguished Service Award, Ohio Academy of Trial Lawyers
- Distinguished Toledo Lawyer, The University of Toledo Law Alumni Association (2002)
Professional Memberships:
- Toledo Bar Association
- Ohio State Bar Association
- American Bar Association
- American Society of Writers on Legal Subjects
Representative Cases:
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Salkil v. Village of Mount Sterling, 458 F.3d 520 (6th Cir. 2006). Lead counsel for appellant Equal Justice Foundation; reversed sanctions awarded under Rule 11 and 28 U.S.C. § 1927.
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Dana Corporation v. Celotex Asbestos Settlement Trust, et al., 251 F.3d 1107 (6th Cir. 2002). Lead counsel in trial court and on appeal for appellee Dana in 18-year litigation arising out of Dana’s divestiture of corporate subsidiary; affirmed trial court’s summary judgment.
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Taaron Schaffer, et al. v. A. O. Smith Corporation, et al., 74 F.3d 722 (6th Cir. 1996). Lead counsel in trial court and on appeal for primary defendant in double-fatality product liability case; affirmed trial court’s entry of summary judgment for defendants, holding expert testimony inadmissible to establish the existence of a manufacturer’s duties.
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Pangle v. Roundy’s Lake Sales, 76 Ohio St. 3d 389 (1996). Lead counsel on appeal for defendant-appellants; affirmed appellate court’s reversal of order granting new trial after defense verdict.
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State of Ohio v. McDermott, John Lawrence, Esq., Contemnor, 72 Ohio St. 3d 570 (1995). Lead counsel on appeal for attorney held in contempt and jailed for refusing to divulge communications with client; affirmed appellate court’s reversal of contempt order, holding that Ohio recognizes no waiver of the attorney-client privilege except those stated in Ohio Revised Code § 2317.02(A). State v. Post, 32 Ohio St. 3d 380 (1989), overruled in part.
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TRINOVA Corporation v. Pilkington Brothers, P.L.C., Libbey-Owens-Ford Company, 70 Ohio St. 3d 271 (1994). Co-counsel for plaintiff-appellee in action to recover $14,000,000 indemnification under contract for corporate divestiture, holding the principle of contract integration is a corollary to the parole evidence rule.
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Dana Corporation v. Fireman’s Fund, et al., 865 F.2d 257 (6th Cir. 1988). Lead counsel in trial court and on appeal for plaintiff-appellee; affirmed injunction against defendant Celotex Corporation from filing new actions or further prosecuting current cases in other jurisdictions.
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State v. Geraldo, 68 Ohio St. 120 (1981); 13 Ohio App. 27 (1983). Lead counsel for defendant-appellee; affirmed order suppressing evidence obtained from single-party-consent wiretap.
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Childs v. Hon. Sumner Walters, et al., (unpublished) Supreme Court of Ohio. Lead counsel for primary respondent in original action for extraordinary writs; held: writs denied. Id. Lead counsel in United States Court of Appeals for the Sixth Circuit; affirmed order granting summary judgment that gave res judicata effect to supreme court decision.
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Hartford Accident and Indemnity Company v. LTV Corporation and Dana Corporation, 774 F.2d 677 (5th Cir. 1985). Lead counsel for defendant-appellant at trial and on appeal of declaratory judgment action for indemnification arising out of divestiture of corporate subsidiary.
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United Auto Workers v. Dana Corporation, 679 F.2d 634 (6th Cir. 1981), vacated and dismissed as moot, 697 F.2d 718 (6th Cir. 1983) (en banc). Lead counsel for defendant-appellant at trial and on appeal; appellate panel’s decision affirming injunction ordering employer to remain neutral during union’s effort to organize employees vacated, and action dismissed.
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Markowitz and Company v. Lucas County Metropolitan Housing Authority, 608 F.2d 699 (6th Cir. 1979). Lead counsel for plaintiff-appellee at trial and on appeal of contract action against local housing authority; affirmed damage award for breach of contract.
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Lamb Enterprises, Inc. v. Hon. George N. Kiroff, et al., 549 F.2d 1052 (6th Cir. 1977). Lead counsel for appellant; reversed district court’s injunction against state court trial retrying previously vacated federal court verdict. This is the seminal Sixth Circuit case on the applicability of Younger v. Harris to federal court injunctions against state civil proceedings.
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Afro-American Patrolmen’s Association v. Duck, et al., 503 F.2d 294 (6th Cir. 1974). Co-counsel for intervening individual police officers in civil rights class action whose promotions to sergeant were enjoined by the district court.
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Palmer v. Columbia Gas of Ohio, Inc., 479 F.2d 153 (6th Cir. 1973). Co-counsel for defendant-appellant at trial and on appeal of action under 42 U.S.C. § 1983; affirmed injunction against public utility from terminating gas service on grounds that utility’s action constituted state action and violated due process.
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Taylor, et al. v. Perini, 477 F. Supp. 1289 (N.D. Ohio 1979). Lead counsel representing the Ohio Department of Rehabilitation and Correction during proceedings to enforce injunction obtained by inmate class regarding conditions of confinement.
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Fireman’s Fund Ins. Co. v. Hartford Acc. & Indemn. Co. v. Dana Corporation (N.D. Ohio). Lead counsel for policyholder in action among insurers over contribution for sums paid on insured’s behalf under policies of insurance that were retrospectively rated.
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Ruiz v. Estelle, United States District Court for the Southern District of Texas. Counsel retained by the Administrative Office of the U.S. Courts to represent court-appointed monitor in month-long hearing on State of Texas’ motion to discharge the monitor.
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Guthrie v. Evans, United States District Court for the Southern District of Georgia. Retained by the Administrative Office of the U.S. Courts as lead counsel for special master/court-appointed expert witness in prison conditions suit in Georgia.
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Parrish Power Products, Inc. v. Dana Corporation, United States District Court for the Northern District of Ohio. Co-counsel for defendant in antitrust action; settled after three years of litigation for no monetary relief.
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The Rose Company v. Dana Corporation v. Neenah Foundry, United States District Court for the Eastern District of Wisconsin; Stuller Engineering and Marketing Services, Inc. v. Dana Corporation v. Neenah Foundry, United States District Court for the Northern District of Texas. Lead counsel for defendant in parallel actions alleging breach of contract for the sale of goods.
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Seilon, Inc. v. Edward O. Lamb, et al., United States District Court for the Northern District of Ohio. Co-counsel at trial for publicly traded plaintiff corporation in injunction action against minority shareholders to compel 13D disclosure by a group formed to gain control of plaintiff corporation.
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Blackburn, Guardian, etc., et al. v. Creasey, etc., United States District Court for the Northern District of Ohio. Lead counsel for plaintiffs, who were profoundly retarded residents of Northwest Ohio Developmental Center; injunction issued to prevent termination of Center as licensed provider. O’Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), distinguished.
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Hirsch, et al. v. Payne County Drilling Partners, et al., Common Pleas Court of Lucas County, Ohio. Lead counsel for group of corporate executives in action under Blue Sky law to recover sums invested in tax shelters.
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Jemo Associates, Inc. v. City of Van Wert, et al., United States District Court for the Northern District of Ohio. Lead counsel for defendants in action under 42 U.S.C. §§ 1981 and 1983 against city and its officials for preventing construction of federally-subsidized housing construction.
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Defiance Associates v. City of Defiance, et al., United States District Court for the Northern District of Ohio. Co-counsel for plaintiff building contractor in civil rights action against city and its officials for preventing construction of federally-subsidized housing.
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Mower, et al. v. Denton, et al., United States District Court for the Northern District of Ohio. Lead counsel for the Ohio Department of Rehabilitation and Correction in class action challenging conditions of confinement.
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Hunt v. Michigan State University, United States District Court for the Western Division of Michigan. Co-counsel in action in which varsity football player who was suspended by order of N.C.A.A. sought injunction against further suspension.
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Gordon v. Blue Cross of Northwest Ohio, United States District Court for the Northern District of Ohio. Lead counsel for prevailing plaintiff in Title VII action in which defendant consented to affirmative measures to improve working conditions and advancement opportunities for women employees.
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Toledo Board of Education Title VI Compliance Review. Lead counsel for city school district in school segregation investigation by United States Department of Health, Education and Welfare and in other threatened school desegregation matters (1973-1976).
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General Motors Engine Switch Litigation, United States District Court for the Northern District of Illinois. One of the three attorneys who negotiated the nationwide settlement of various public agencies’ lawsuits against General Motors arising out of its installation of Chevrolet engines in Oldsmobile automobiles.
Community Involvement:
- Equal Justice Foundation
- Toledo Botanical Gardens
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