Kenneth M.Grose (Ken)

Counsel

(T) + 1.614.281.3616

Ken Grose practices in an array of areas, focusing on products liability, complex commercial litigation, and appellate matters. He represents R.J. Reynolds Tobacco Company in all stages of litigation, from discovery to trials to appeals. In addition to serving on several trial teams, Ken provides legal issues support to all Jones Day trial teams for Reynolds. He regularly appears at trial to argue jury instructions and other legal issues.

Ken also has significant experience counseling clients in contract disputes, ERISA litigation, Lanham Act false advertising claims, professional negligence and fraud cases, punitive damages issues, constitutional analysis, and government agency actions. He has considerable experience in briefing and motions practice, conducting fact and expert discovery, locating and evaluating expert witnesses, and preparing witnesses for trial. Ken obtained a complete defense verdict for a technology manufacturer following a trial on a breach-of-contract action.

Ken maintains a pro bono practice that has included seeking habeas corpus relief in multiple federal appeals courts, submitting amicus curiae briefs to the Supreme Court of Ohio, and providing advice to a developing country regarding government accountability.

Experience

  • R.J. Reynolds wins complete defense verdict reversing $23.4 billion punitive damages awardOn June 24, 2019, following eleven days of trial, a jury in Pensacola, Florida returned a defense verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a retrial of a wrongful death action.
  • R.J. Reynolds wins reversal of fraud judgment in Engle progeny caseJones Day represented R.J. Reynolds Tobacco Company in an Engle progeny case brought by the estate of deceased smoker Evelyn Whitmire.
  • R.J. Reynolds wins complete defense verdict in Morales personal injury suitOn August 22, 2018, following seven days of trial, a state court jury in Miami, Florida returned a unanimous defense verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a personal injury lawsuit.
  • R.J. Reynolds wins complete defense verdict in Damiano personal injury lawsuitOn May 23, 2018, after a trial lasting 11 days, a jury in Sarasota, Florida returned a complete defense verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a personal injury lawsuit.
  • Human Trafficking Legal Center files amicus brief in support of minor human trafficking victim seeking application of Ohio Safe Harbor lawJones Day filed an amicus brief on behalf of the Human Trafficking Pro Bono Legal Center that urged the Ohio Supreme Court to vacate the convictions of a juvenile victim of human trafficking based on the failure of the lower court to consider the application of Ohio's Safe Harbor law, which provides specific, rehabilitative processes and protections for minor human trafficking victims.
  • U.S. Chamber of Commerce files amicus brief in support of Ford post market duty to warn caseJones Day filed an amicus brief on behalf of the U.S. Chamber of Commerce in support of Ford Motor Company in a post market duty to warn case.
  • Rogers Group prevails in dispute, overturning adverse verdictJones Day successfully overturned an adverse jury verdict against Rogers Group, Inc. ("Rogers"), one of the country's largest privately held suppliers of aggregate, when the trial court granted a post-trial motion that demonstrated that the plaintiff lacked standing.
  • Death row inmate secures writ of habeas corpus from Tenth Circuit Court of AppealsOn June 14, 2013, the United States Court of Appeals for the Tenth Circuit ordered the United States District Court for the Eastern District of Oklahoma to issue a writ of habeas corpus to the Oklahoma state courts for David Magnan.
  • SiriusXM Radio resolves antitrust class action litigation related to 2008 mergerJones Day defended Sirius XM Radio Inc. against a class action, treble damages lawsuit filed by satellite radio subscribers, claiming that the 2008 merger of satellite radio providers Sirius and XM violated the antitrust laws and that after the merger the company had imposed certain allegedly anticompetitive price increases.
  • Cleveland Clinic secures Sixth Circuit victory in lawsuit brought by City of Cleveland challenging hospital closureThe Cleveland Clinic Foundation, represented by Jones Day, prevailed in a challenge by the City of Cleveland and Mayor Frank Jackson to the Cleveland Clinic's decision to close Huron Hospital, a hospital located in the City of East Cleveland, for safety and patient concerns.
  • R.J. Reynolds seeks reduction in 2003 settlement paymentsJones Day represents R.J. Reynolds Tobacco Company in a pending arbitration under the 1998 Master Settlement Agreement with various U.S. States and Territories in which R.J. Reynolds and other tobacco company signatories seek an over $1 billion reduction in their 2003 settlement payments.
  • Foreign representative successful in enforcement action in Southern District of New YorkJones Day represents the foreign representative of Cozumel Caribe, S.A. de C.V. in its chapter 15 case currently pending before Judge Glenn in the Bankruptcy Court for the Southern District of New York.
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