Brian F. Toohey
Partner
Cleveland
Tel: 1.216.586.7246
Fax: 1.216.579.0212
Email:
bftoohey@jonesday.com
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Brian Toohey has worked extensively in litigation, with particular emphasis on disputes with insurance carriers, product liability, and professional liability. His insurance cases have included coverage claims for product failure, environmental cleanups, and business interruption. His product liability litigation experience includes extensive involvement in cases arising out of fires and explosions. Brian has also defended a number of attorney malpractice claims and has spoken at seminars on the subject of attorney liability. In addition, he has handled major commercial disputes that were resolved through arbitration or other alternate dispute resolution procedures. For the last several years, he has served as court-appointed mediator in a variety of commercial cases in Cuyahoga County Common Pleas Court.
Among the recent insurance coverage case for which he has had principal responsibility are the following: Zurich Specialties, London Ltd. (U.K.) v. The B.F. Goodrich Company, U.S.D.C. N.D. Ohio, E.D., Case No. 5:99 CV 3010 (insurance coverage for adhesive product defect claims in France); Goodrich Corporation v. Winterthur International America Insurance Company, U.S.D.C. S.D. N.Y., Case No. 02 CIV. 2927 and Goodrich Corporation v. Winterthur International, U.S.D.C. N.D. Ohio, E.D., Case No. 5:02CV367 (insurance coverage for September 11, 2001 related losses); St. Paul Fire & Marine v. AcroMed Corp, U.S.D.C. N.D. Ohio E.D., Case No. 1:91CV2298 (insurance coverage for medical implant device); Erico Products, Inc. v. St. Paul Mercury Insurance, U.S.D.C. N.D. Ohio E.D., Case No. 1:94CV0980 (insurance coverage for business interruption due to fire); Premier v. Sentry, U.S.D.C. N.D. Ohio E.D., Case No. 1:96CV0070 (insurance carrier liability for breach of letter of credit); M.A. Hanna v. Aetna, U.S.D.C. D of Idaho, Case No. 83-4179 (insurance coverage for mining environmental claims); Minnegasco v. Allianz Underwriters Insurance, et al., Dist. Ct., 4th Jud. Dist., Minn., Case No. CT 93-019193 (insurance coverage for manufactured gas plant environmental claims); and Cleveland-Cliffs Inc v. Protection Mutual, U.S.D.C. N.D. Ohio, C87-1781 (insurance coverage for business interruption due to mine outage).
Among the product liability cases for which he has had principal responsibility are the following: Kenneth Laino v. OMCCC, Inc., Cuy. Cty. Common Pleas, Case No. 264042; Bill Moss, et al. v. Onan Corporation, et al., Lorain Cty. Ct. of Common Pleas, Case No. 95CV114291 and Thomas Wagner v. Onan Corporation, Cuy. Cty. Ct. of Common Pleas, Case No. 269045 (product liability wrongful death claims for allegedly defective marine generator); Steven L. Kellner v. Millipore Corp., U.S.D.C. E.D. Ark. J.D., Case No. J-C-90-145 (personal injury claims arising out of fire allegedly due to defective laboratory equipment); and Whittaker Corp.; Utility Fuels, Inc.; and Houston Lighting and Power v. The Youngstown Steel Door Company, U.S.D.C. S.D. Tex., Case No. H-84-2046 (property damage claim for allegedly defective design of railroad car).
He has successfully defended law firms and individual lawyers in a variety of legal malpractice and fee dispute claims. He has also authored numerous articles on lawyer ethics and professionalism.
He is a member of the ABA (Litigation Section), the New York State Bar Association, the Ohio State Bar Association, and the Cleveland Bar Association. Brian was admitted to practice law in 1978 in New Mexico but is now inactive in that state. He is listed in Who's Who in American Law and has appeared as a panelist at ABA and other seminars dealing with the Federal Rules of Evidence, insurance coverage, and professional competence.
Admitted
New York and Ohio
Education
Niagara University (B.S. magna cum laude 1966); Cornell University (Editor-in-Chief, Law Review; J.D. 1969)
Government/Military Service
Served as an officer in the United States Navy Judge Advocate General's Corps (1970-1973)