Eric L. Zalud

Represented Cargill, Inc., a multi-billion-dollar food products processor and manufacturer, in a motor vehicle accident case pending in Cook County, Illinois. First, we succeeded in obtaining summary judgment on all of the plaintiff’s vicarious liability claims in a court long known as plaintiff friendly. The plaintiff filed a motion to reconsider that dismissal and a motion to amend the complaint to include direct negligence claims against Cargill for the loading of the cargo. We opposed the plaintiff’s motions, and the judge agreed, drafting a thoughtful written order denying plaintiffs’ motions in their entirety. Not only was this a huge win for Cargill, but it was also a win for the nation’s third-party logistics industry and manufacturers such as Cargill across the country.

Represented a New York-based ocean and air freight intermediary in two related actions against an international steamship line. During the height of the 2021 COVID-19 pandemic, the Line improperly in-gated five shipping containers owned by our client’s customer into its terminal. Despite our client’s attempts to reclaim the shipping containers, the Line continued to use the shipping containers in its own business for several years, in derogation of our client’s superior ownership rights. Ultimately, we filed a complaint for conversion in the United States District Court -Southern District of New York, and a companion action at the Federal Maritime Commission for damages related to the Line’s alleged violations of the Shipping Act. We successfully defended against motions to dismiss in both forums and litigated both actions through numerous motions, counterclaims, third-party pleading practice, and administrative proceedings. Ultimately, the parties were able to resolve these related disputes in a favorable global settlement.

Represented a state university in an alleged hazing fraternity lawsuit. Three days before the trial was to begin, the Court entered summary judgment in favor of our client. The case stemmed from the death of an 18-year-old freshman at the University. The student had been suspended from pledging the fraternity while under criminal investigation. During that suspension, he died off campus while inhaling nitrous oxide canisters. The court set new precedent regarding the state’s hazing statute’s affirmative defense. It also newly established that universities will not be liable under negligence theories if, despite diligent efforts, a student gets hazed. It vindicated our client’s employees, who were unfairly maligned in the public eye.

Represented a nationwide basement waterproofing company in a commercial arbitration proceeding involving allegations of improper use of a trade name, trade logos and slogans, in nationwide advertising. Claimant’s franchises/licensees alleged violations of the Lanham Act, which related to claims, statements, and methods implemented by client in its advertising, and violations of prior settlement agreements between the parties. After two years of discovery and a two-week arbitration hearing, we prevailed on all but one very nominal count.

Represented a half-billion-dollar global manufacturing company, in a lawsuit against an Israeli subcontractor who refused to authorize the release of several multimillion-dollar industrial scrubbers, due to a payment dispute. Client needed the equipment to satisfy its contractual obligations to one of its largest global customers, and was under pressure to resolve the dispute quickly. We moved for and successfully obtained a temporary restraining order in a U.S. court, based upon the purchase orders and website terms and conditions between the parties, which included a U.S. choice of forum clause. The order required the Israeli subcontractor to make the equipment available for pickup at its Israeli facility, on a priority basis.

As special counsel to the Ohio Attorney General, and lead private counsel for Ohio University, won a complete defense victory for Ohio University in a case stemming from the death of a student at an off-campus property.  Set statewide precedent regarding statutory duties, as well as wrongful death and negligence claims owed by schools and universities.

Samuelson v. Durkee/French/Airwick and Thomas Havrilesko, 976 F.2D 1111 (7th Cir.) Affirming summary judgment in retaliatory discharge action.

U.S.A. Parking Systems, Inc. v. Penn-Lillis Corp., 1995 WL 601186 (Ohio App. 8th Dist.) Won summary judgment in commercial lease dispute.

The New Hampshire Insurance Co. v. Marinemax of Ohio, Inc., 408 F.Supp. 2d, 526, 63 Fed.R. Serv. 3d 976, (N.D. Ohio) Summary judgment regarding marine policy coverage issues.

Tucker v. Interarms, 186 F.R.D. 450 (N.D. Ohio) Successfully handled international financial trust dispute resulting in dismissal of claims based on Inter-American Convention of Letters Rogatory.

Successfully litigated a case in which the plaintiff’s estate alleged that she had been entrapped and essentially suffocated by her nursing home bed rail.

In Donaca v. DISH Network L.L.C., No. 11-cv-02910, 2014 U.S. Dist. LEXIS 19740 (D. Colo. Feb. 18, 2014), the class action defense team of Eric Zalud, Ben Kern, and David Krueger successfully defended a nationwide putative class action seeking to hold DISH vicariously liable for 1+ million phone calls made by over a dozen third-parties in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b) and (c).

Participated in evaluation of options and actions for recalls or voluntary corrective actions for consumer and other products.

We obtained summary judgment in favor of Cybex, one of the world’s largest manufacturers of fitness equipment, based on our argument that the plaintiff provided insufficient evidence to demonstrate that our client manufactured defective equipment.

Louis Fodor, Trustee v. First National Supermarkets, Inc., 1990 WL 93210 (Ohio App.) Commercial lease and occupancy issues regarding continuous use clause.

In Fitzhenry v. ADT Corp., No. 14-80180, 2014 U.S. Dist. LEXIS 166243 (S.D. Fla. Nov. 3, 2014), the class action defense team of Eric Zalud, Ben Kern, and David Krueger successfully defended a nationwide putative class action seeking to hold ADT vicariously liable for approximately 5 million phone calls made by an independent third-party in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b).

Successfully defended a medical device manufacturer in a lawsuit alleging defective design and breach of warranty regarding a surgical device used during a kidney transplant.

Prevailed in summary judgment in uninsured/undetermined vehicular liability coverage declaratory judgment action, establishing six figure coverage differential as the law of the case.

State ex re. Phillip J. Charvat, Relator v. Richard A. Frye, Judge, et al., 2006 WL 3240653 (Ohio App. 10 Dist.)

Domo v. Stouffer, 580 N.E.2d 788 (Ohio App. 6 Dist.) Corporate shareholder dispute.

Kenneth Talmon v. First National Supermarkets, Inc., 1989 WL 157234 (Ohio App.) Affirming summary judgment on state lottery sweepstakes issues.

Frankenmuth Mut. Ins. v. D.J. Franzen, Inc., 2008 WL 3836535 (N.D. Ohio) Granting dismissal based upon federal Carmack Amendment preemption.

F.M. Machine Co. v. R&L Carriers, Inc., 2009 WL 175977 (N.D. Ohio), Fed. Carr. Cas. P. 84, 610 Partial summary judgment enforcing liability limitations of motor carrier.

Associates Insurance Co. v. Whittington, 170 F.Supp. 2d 1119 (N.D. Ohio) Trucking insurance coverage summary judgment victory.

Won at jury trial in a bad faith case seeking over $1,000,000 in compensatory and punitive damages, establishing precedent that prompted dismissals in two other related cases.

Prevailed on summary judgment and on appeal in a Tennessee case contesting the assertion of personal jurisdiction over an out of state defendant, based solely upon its website activity.

GMS Management Company, Inc., et al. v. Pick-N-Pay Supermarkets, Inc., et al., 601 N.E.2d 72 (Ohio App. 11 Dist.) Affirming summary judgment on continuous use issues in commercial lease.

Won at jury trial in a case alleging $33 million in damages for allegedly defective glazed bricks in eight high rise apartment buildings.

Prevailed on summary judgment in a nationwide sales representative wrongful termination class action in which the plaintiffs alleged fraud, deceptive practices, breach of contract and unjust enrichment, and sought over $10,000,000.00 in damages

Successfully litigated a wrongful death action alleging malfunction of a perfusion medical device during open heart surgery.

Houmani v. Roadway Express, Inc., 2008 WL 731497 (N.D. Ohio) Freight loss and damage litigation; prevailed on summary judgment.

Represented insured trucking company in an excess insurance scenario and successfully orchestrated multi-million dollar settlement under policy limits in dual injury amputation case.

Ferron v. 411 Web Directory, et al., 2010 WL 1817396 (S.D. Ohio) Granting summary judgment on consumer claims regarding e-mail advertising under Consumer Sales Practices Act.

Automated Window Machinery, Inc. v. McKay Insurance Agency, Inc., 320 F.Supp. 619, Fed. Corr. Cas. P. 84, 343 (N.D. Ohio) Granting dismissal on federal Carmack Amendment preemption grounds.

Granting summary judgment on Learned Intermediary Doctrine and proximate cause in medical device case.

Stradiot Specialty, Inc. v. American Calendar Company, Inc., 2007 WL 1881309 (Ohio App. 11 Dist.) Handled issues relating to personal jurisdiction as between similar actions in two states; affirming jurisdictional judgment.

Hammod v. Alekna Construction, Inc., et al., 269 A.D. 773, 703 N.Y.S.2d 332 (N.Y.A.D. 4 2000) Sick building case, alleged multiple chemical sensitivity; dismissal affirmed.

DWC Company v. CSX Transportation, Inc., 2009 WL 150671 (S.D. Ohio) Removal approved based upon 28 U.S.C § 1337’s “other paper” language.

Served on the product safety committee of publicly traded global consumer product manufacturer.

Charvat v. Dish TV Now, Inc., et al., 2008 WL 1886311 (Ohio App. 10 Dist.) Affirming ruling that Consumer Sales Practices Act does not govern a settlement agreement.

Authored the warnings and instructions for lawn care products, household cleaning products, medical device products and vehicular products, all of which are presently on the market

We defended our client, Robert Bosch Corporation, one of the world’s largest automotive component manufacturers, in toxic tort/asbestos litigation in the United States. We were able to dismiss the claims in their entirety.

Won at jury trial on behalf of subcontractor seeking payment for verbal extras and change orders on shopping center construction project.

Trident Trust Company (UK) Ltd. v. Anglo-American Credit Union, Inc. et al., 2008 WL 509314, (S.D. Ohio)

Terminal Warehouse, Inc. v. CSX Transp., Inc., Fed. Corr. Cos. P. 85,442 (6th Cir.) Appeal of Surface Transportation Board decision as to railroad abandonment.

Walter H. Caplan v. Judy Caplan, 2002 WL 33001393 (Ohio Com. Pl.) Tortious interference with expectancy of inheritance issues; prevailed on summary judgment.

Won complete reversal of multimillion dollar personal injury verdict as newly appointed appellate counsel in Pennsylvania case involving amputation.

Won jury trial in a commercial dispute regarding construction materials, in which we successfully pierced the corporate veil and obtained judgment against individual and related corporate defendants, along with prejudgment interest, punitive damages, and all attorneys fees

Louis Fodor v. First National Supermarkets, Inc., 1993 WL 526660 (Ohio App. 8 Dist.) Commercial lease issues regarding continuous operation clause.

Mutual Insurance Company of America, et al. v. Royal Appliance Mfg. Co., 112 Fed. Appx. 386 (6th Cir.) Applying rebuttable presumption of no liability to manufacturer based upon compliance with state and federal safety standards.

Successfully obtained summary judgment in favor of Dish Network LLC in two lawsuits and a dismissal of all claims in two other cases brought under the Ohio Consumer Sales Practices Act and the Telephone Consumer Protection Act.

Purchased Parts Group, Inc. v. Royal Appliance Mfg. Co., 2000 WL 33125340 (Tenn. App.) Upheld order dismissing manufacturer for lack of personal jurisdiction.

Mid-West Materials, Inc. v. Packard Logistics, Inc., 2007 WL 893890 (N.D. Ohio) Summary judgment dismissal; Carmack Amendment federal preemption.

Halpern v. Atlas Van Lines, 2009 WL 484202 (N.D. Ohio) Partial summary judgment, and awarding sanctions and fees.

First National Supermarkets, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., 661 N.E.2d 1121 (Ohio App. 8 Dist.) Stock brokerage indemnity issues.

Successfully litigated a nursing home case involving a resident who had “eloped” to grounds outside the facility and froze to death.

Successfully litigated a wrongful death claim for nitrogen asphyxiation by a “nitrogen blanket” in a tank truck.

Successfully litigated an intentional tort claim for full body burns from a fall into a tank wash acid bath.

Smeltzer, et al. v. Binsley, et al., 2007 WL 397336, Ohio App. 9. Dist., No. 23092, 2007

Shonac Corporation v. Maersk, Inc. 159 F.Supp. 1020, 2001 A.M.C. 1924 (S.D. Ohio) Summary judgment regarding damages recoverable in a COGSA maritime case.

Preferred Capital, Inc. v. Check Mate Priority Services, 2008 WL 2252533 (Ohio App. 8 Dist.) Dismissed claims based upon personal jurisdiction issues relating to contractual choice of forum clause.

Prevailed in a summary judgment proceeding R&L Carriers in a freight loss and damage case alleging significant damages to freight in transit, we prevailed in a summary judgment proceeding for our client, R&L Carriers, a nationwide less-than-truckload motor carrier, based on appropriate application of contractual and bill of lading liability limitations.

Prevailed on summary judgment in a sick building case in which seven plaintiffs claimed they had contracted multiple chemical sensitivity.

Charvat v. Echostar Satellite, LLC, 676 F.Supp. 549 (S.D. Ohio) Granting summary judgment on consumer claim under Telephone Consumer Protection Act.

Brennan v. A-A Auto Transport, Inc., 2007 WL 2886355 (N.D. Ohio) Motion for Judgment on the pleadings granted; federal Carmack Amendment preemption.

Fodor, Trustee of Biddulph Plaza Shopping Center v. First National Supermarkets, Inc., 589 N.E.2d 17 (Ohio Supreme Court) Commercial lease issues regarding continuous operations clause.

Samuelson v. Durkee/French/Airwick, et al., 701 F.Supp. 729 (N.D. Indiana) Summary judgment dismissing Plaintiff’s Title VII and retaliation claims.

We obtained Motion for Summary Judgment in Ferron v. DISH Network, LLC and EManagement, dismissing, with prejudice, several hundred Ohio Consumer Sales Practice Act (CSPA) claims against our client, DISH Network, LLC.

Carr v. Olympian Moving & Storage, Fed. Carr Cas. P. 84, 459 (N.D. Ohio) Dismissal on complete federal Carmack Amendment preemption grounds.

Won at jury trial in international freight charge dispute involving global transport of tunnel boring equipment.

Won at jury trial in multimillion dollar toxic tort exposure case.

Won at jury trial in high-dollar international freight claim trial involving alleged damage to geodesic dome.

Won at jury trial in seven figure construction contract dispute regarding defective foundational and structural issues.