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Jim Hughes is a partner in the litigation group and represents clients in commercial litigation, health care litigation, environmental litigation and environmental compliance. His practice also includes mental retardation and developmental disabilities law with an emphasis on providing litigation services on MR/DD and Medicaid related issues.
Representative Experience
Litigation
Prevailed at trial in action brought under the Uniform Trade Secrets Act; secured decision for client against contract manufacturer for misappropriation of trade secrets relating to proprietary formula used to manufacture professional grade hair color products; decision affirmed by the U.S. Court of Appeals for the Sixth Circuit
Won decision at trial in favor of municipal water company in trespass action brought against surface mining company to enjoin mining activities that caused the sudden interruption and depletion of municipality’s water supply
Representation of major beer manufacturer in state and federal courts in matters involving termination of franchise agreements with distributors under the Ohio Alcoholic Beverage Franchise Act
Advised majority shareholder with respect to statutory appraisal action brought by minority shareholders in the Delaware Court of Chancery; represented majority shareholder in action brought by minority shareholders alleging breach of fiduciary duty arising out of debt conversion and merger activities; case partially resolved by award of summary judgment in favor of majority shareholder on breach of fiduciary duty claim arising out of debt conversion claim
Represented hospital in arbitration matter brought by physician alleging wrongful termination of hospital staff privileges; obtained decision in favor of hospital after hearing concluding that hospital had just cause to terminate physician’s hospital staff privileges
Successfully defended hospital in TRO action and at preliminary injunction hearing in action filed by a physician alleging wrongful termination of staff privileges
Obtained injunction after preliminary injunction hearing to enjoin state of Ohio from enacting legislation that imposed unreasonably high Medicaid reimbursement rates
Obtained summary judgment in favor of client in class action brought by property owners against local manufacturer alleging diminution of property value based on company’s activities; decision affirmed by Ohio Court of Appeals and the Ohio Supreme Court
Prevailed in action filed by ambulance company against hospital alleging breach of contract and interference with business opportunity; obtained award of attorney fees under Civil Rule 11 and the Ohio frivolous conduct statute
Recovered $7 million in action filed against the Ohio Department of Education in matter involving calculation of state foundation funding for public school system
Environmental
Representation of municipality in dispute over provision of water and sewer services to unincorporated areas
Representation of municipalities in 208 planning matters
Defense of municipality in lawsuit brought by Ohio EPA for alleged violation of Clean Water Act
Defense of manufacturer in matter involving unlawful depletion of well field by surface mining operation
Defense of manufacturer in class action brought by adjacent property owners alleging negligence and nuisance seeking to recover stigma damages
Representation of municipality in lawsuit involving contamination of wastewater treatment plant caused by infiltration of hazardous substances into sewer system
Negotiation of air, water, wastewater, and storm water permits on behalf of major manufacturer in green fields construction of manufacturing facility
Obtain no further action letters (NFA) from Bureau of Underground Storage Tank Regulations (BUSTR) on behalf of developer clients
Negotiation of air, water, wastewater, storm water, Section 201 (Ohio EPA) and Section 401 (U.S. Army Corps of Engineers) permits for regulated utility clients
Defense of owners of scrap metal yards in CERCLA enforcement actions
Defense of manufacturing client in enforcement action brought by Ohio EPA alleging violation of Clean Air Act
Negotiation of air, water, wastewater and storm water permits on behalf of manufacturing clients with Ohio EPA
MR/DD
Legal advisor to the Ohio Association of County Boards of Mental Retardation and Developmental Disabilities (MR/DD)
Lead trial counsel for local county boards in Thompson v. Hayes, 2006 Ohio App. LEXIS 5940, in defense of action brought by private providers and the Ohio Providers Resource Association (OPRA) seeking to eliminate the provision in Ohio law requiring service contracts between county boards of MR/DD and private providers
Trial Counsel to county boards of MR/DD and individual taxpayers in Zimmerman v. ODJFS to enjoin ODJFS administrative rules that set reimbursement rates in excess of the provider's usual and customary rate (UCR)
Community and Professional Activities
Member of the American, Ohio State and Columbus Bar Associations and associated litigation and health care committees
Member, American Health Lawyers Association
Member, Board of Trustees, Arthritis Foundation, Central Ohio Chapter; recipient of Arthritis Foundation Lifetime Achievement Award 2005
Vice President, Board of Trustees, International Field Studies
Past Member, Board of Trustees, The Columbus Academy
Firm Activities
Elected Member of Executive Committee (Present) - Committee serves as controller of the firm's resources and body for policy-making and long-range planning for the firm
Professional Staff Committee (2004-2007) - Charged with training and evaluation of all non-partner attorneys
Vice-Chair Manufacturing and Logistics Industry Group (2002-present) - Manage and coordinate practice development efforts for organizational group
Member, Finance Committee (1999-2004) - Responsible for development of firm's annual budget, supervising management of firm's 401k and pension plans, and monitoring validity and collectability of accounts receivable
Lateral Acquisition Committee (2002-2005) - Evaluate retention of lateral attorneys to firm
Chair, Law Firm Support Network (1997-2002) - Management of network of ten Ohio law firms formed for the purpose of sharing administrative and management resources and referral of legal work
Member, Practice Development Committee (1994-2002) - Committee responsible for firm's public relations and marketing efforts
Awards and Recognitions
Listed, Ohio Super Lawyers 2008
Education
Union College (B.A., with honors, 1980)
Capital University School of Law (J.D., with honors, 1986); Order of the Curia; Capital University Law Review.
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