Marc S. Blubaugh

Defended and obtained dismissal of various officers, directors, principals, and corporate affiliates of a motor carrier in an action arising out of a fatal highway accident for which the plaintiff was seeking to pierce the corporate veil and impose alter ego liability.

Defended a distributor in a federal court action arising out of alleged breach of a national distribution agreement with claims involving more than $30 million, involving not only the defense of the claims but prosecution of counterclaims turning on complex jurisdictional and procedural issues, which in turn required significant briefing and Court involvement over matters that could have substantially interrupted or curtailed the distribution of numerous products and their availability in the retail market.

Defended a fourth-party logistics provider in a warehousing dispute in federal court involving over $5 million of inventory destroyed in a Texas warehouse fire.

Defended a publicly traded freight broker in connection with claims arising out of a high-stakes fatal highway accident in Texas and procured a complete victory in connection with a motion to dismiss based upon federal preemption. 

Defended freight broker in a substantial intrastate claim for freight damage in Alaska state court, ultimately obtaining dismissal under the Federal Aviation Administration Authorization Act in the first decision in the nation finding extra-contractual claims preempted against freight brokers.

Defended a freight broker and its employee in a seven figure noncompete dispute in Michigan state court brought by the employee’s former employer and ultimately defeating summary judgment using some novel and innovative theories, thereby favorably changing the entire settlement dynamic just weeks before trial.

Defended a freight broker in a multimillion-dollar claim involving the theft of Bitcoin servers in California obtaining dismissal of all extra-contractual claims despite adverse precedent in the Ninth Circuit, ultimately leading to a highly favorable resolution. 

Serves as outside General Counsel to the Intermodal Association of North America, the leading transportation trade association representing the combined interests of the intermodal freight industry, including intermodal and over-the-road motor carriers, railroads (Class I, short-line, and regional), water carriers, stacktrain operators, port authorities, intermodal marketing and logistics companies, and suppliers to the industry such as equipment manufacturers, leasing companies, and technology firms. 

Serves as outside General Counsel to the Transportation Intermediaries Association, a not-for-profit trade association that has, for over 40 years, provided leadership, education and training resources, and public policy advocacy to the $343 billion per year third-party transportation and logistics industry.

Defense of an architect in an arbitration pending in Ohio relating to the architect’s alleged breach of contract and professional malpractice in connection with the development of certain hotels. The Petitioners’ demand was $1,905,000. Benesch obtained summary judgment with respect to approximately $1,500,000 of the alleged damages that constituted consequential damages and, eventually, settled the balance of the case very favorably.

Represented Yusen Logistics in its acquisition of Taylored Services, a multichannel third-party logistics fulfillment organization, from private equity firm Saybrook.