Philip M.Oliss (Phil)

Partner

Cleveland + 1.216.586.7164

Philip Oliss represents clients in complex, high-stakes civil litigation, with an emphasis on consumer class action defense, commercial disputes, and business restructuring-related litigation.

He has successfully represented clients in a variety of industries, including manufacturing, health care, food and beverage, real estate, energy, telecommunications, and financial services. He has defended Fortune 500 clients in multistate class action litigation involving alleged consumer fraud, false advertising, and product defects. Prior to joining Jones Day, Phil served as lead counsel for a Korean home appliance manufacturer in putative consumer class actions and has successfully defended similar actions against retailers, manufacturers, and service providers.

Phil served as lead litigation counsel for debtors in chapter 11 cases resulting in the successful reorganizations of an Ohio bank holding company, a Florida homebuilder, an Arizona homebuilder, and an Arizona agricultural company. He achieved a defense verdict following an advisory jury trial involving a US$500 million claim by the FDIC (Federal Deposit Insurance Corporation). He also has successfully represented debtors in the restructuring of a national truck rental company; the reorganization of the two largest merchant power plants in the United States, with US$3 billion in debt and equity interests; and the reorganization of an Ohio steel company. Phil also has served as lead litigation counsel for the Unsecured Creditors Committee in chapter 11 cases involving the oil and gas and entertainment industries.

He is a member of the Federal Bar Association and the American Bankruptcy Institute and serves on the Northern District of Ohio Advisory Group and the Bloomberg Law Litigation Innovation Board. Phil serves as board president for the Cleveland Public Theatre.

Experience

The following represents experience acquired prior to joining Jones Day.

Served as lead counsel for the defendant and successfully moved to dismiss all claims in multiple putative class actions seeking to certify a class of home and condominium sellers challenging legality of fees charged by defendant for disclosure documents in the U.S. District Court for the Northern District of Illinois and subsequently defended dismissal on appeal to the Seventh Circuit.

Served as court-appointed co-lead counsel for the defendants in multidistrict litigation in the Western District of Oklahoma in cases involving recalled washing machines.

Served as lead counsel for the defendants in putative multistate class action in the U.S. District Court for the District of New Jersey involving allegations that icemakers in certain refrigerator models manufactured and distributed by the defendants were defective.

Served as lead counsel for the defendant and successfully moved to strike all class allegations in putative multistate class action in the U.S. District Court for the Northern District of Illinois involving allegations that certain remote controls distributed by the defendant were defective.

Served as lead counsel for the defendant in consolidated consumer class actions in the U.S. District Court for the District of New Jersey involving allegations of defects in drain pumps in certain models of washing machines distributed by the defendant.

Served as lead counsel for the defendant in putative multistate consumer class action filed in the U.S. District Court for the District of New Jersey alleging that certain refrigerator models distributed by the defendant were falsely designated as compliant with federal ENERGY STAR program.

Served as lead counsel in defense of a food distributor in a purported class action filed in the U.S. District Court for the Northern District of Illinois relating to alleged violations of the Telephone Consumer Protection Act (TCPA) and the Illinois Consumer Fraud Act (ICFA).

Served as lead counsel for the defendants and successfully defeated motion to certify California class action filed in the U.S. District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant-retailer in regard to sales of certain clothes dryer models.

Served as lead counsel for the defendants and successfully defeated motion to certify a nationwide class and a California-only class of millions of consumers challenging tire warranties provided by a Fortune 500 retailer in the U.S. District Court for the Northern District of California and successfully opposed appeal to the Ninth Circuit.

Served as lead counsel for the defendant and obtained reversal by the Seventh Circuit Court of Appeals of a district court's order certifying a 29-jurisdiction class action alleging consumer fraud by a Fortune 50 retailer, and subsequently successfully moved for dismissal with prejudice of named plaintiff's claims and obtained a nationwide injunction against future attempts to certify a class based on similar allegations.

Obtained dismissal of a putative class action lawsuit in the U.S. District Court for the Northern District of Ohio brought by physicians against a health insurance provider challenging the insurer's claims handling and reimbursement practices.

Served as lead counsel defending U.S.-based manufacturer of home appliances in multiple cases alleging product defects.

Served as lead counsel in successful defense of a Fortune 500 manufacturer of road markers in multiple product liability cases.

Served as lead counsel for the defendant and achieved a defense verdict on behalf of a debtor bank holding company following an advisory jury trial involving a claim by the FDIC for more than US$500 million.

Served as lead counsel and obtained entry of judgment on the pleadings in favor of chapter 11 debtor in adversary proceeding involving claim to ownership of US$200 million tax refund monies.

Served as lead litigation partner for the debtors in the successful reorganization of an Arizona-based agricultural company with US$300 million in debt.

Served as the lead litigation partner for the debtors in a contested confirmation hearing that resulted in the successful reorganization of a Florida-based homebuilder with claims of more than US$275 million.

Served as lead litigation partner for the debtors in contested confirmation hearings that resulted in the successful reorganization of a Phoenix-based homebuilder with claims of more than US$200 million.

Obtained dismissal by the U.S. District Court for the Southern District of Ohio of all claims against a health insurance provider, including alleged RICO violations in connection with out-of-network provider reimbursement practices.

Achieved a unanimous defense verdict in a jury trial in the U.S. District Court for the Northern District of Ohio involving a claim to a multimillion-dollar sales commission in connection with the sale of nuclear equipment.

Achieved a directed verdict on a US$1.5 million breach of contract claim in the U.S. District Court for the Northern District of Ohio and successfully defended the verdict on appeal to the U.S. Court of Appeals for the Sixth Circuit.

Served as lead counsel for German airport owner-operator in litigation in the Southern District of New York involving a post-acquisition dispute over ownership of $20 million in tax attributes.

Served as lead counsel for Irish consulting firm in complex litigation involving a U.S. lawsuit, an international arbitration, and an Australian receivership in connection with the sale of a cobalt mining operation in Western Australia to a U.S. metals and mining company.

Served as lead counsel for seller's agent in a post-M&A indemnification dispute relating to release of sale proceeds from the sale of a recycling company.

Achieved a judgment in favor of a public school district in the defense of a competitive bidding lawsuit at the trial level, and successfully defended the judgment on appeal to the Ohio Court of Appeals.

Served on a trial team that was awarded The National Law Journal's Defense Win of the Month and one of the Top Defense Wins of 2001 for a unanimous defense jury verdict on a US$176 million claim in the U.S. District Court, Eastern District of Texas.

Represented a leading U.S. manufacturer of athletic shoes and apparel in a resolution of federal trademark, e-commerce, and antitrust litigation.

Speaking Engagements

  • August 15, 2019
    Multidistrict Litigation: Advanced Strategies for Managing and Defending MDLs
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