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Marshall A.  Bennett, Jr. Photo

Marshall A. Bennett, Jr.
 
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E-mail: bennett@marshall-melhorn.com
 
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Mr. Bennett is the Chair of Marshall & Melhorn’s Litigation Group, and a member of the firm’s Health Care Practice Group. He has extensive experience with complex litigation and litigation involving corporate and commercial disputes, health care disputes, employment disputes, intellectual property disputes involving patent and trademark infringement, anti-trust claims, insurance coverage disputes, warranty litigation, and attorney disciplinary proceedings. Mr. Bennett also has extensive experience as an arbitrator, mediator, and early neutral evaluator in disputes involving commercial and professional contracts, employment agreements, employment discrimination and claims of sexual harassment, business sales, disputes between manufacturers and independent representatives, commercial and contract disputes, and insurance coverage disputes. Mr. Bennett also serves as Marshall & Melhorn’s Ethics and Professional Practices Counsel.

Martindale-Hubbell® Rating - AV
Alternative Dispute Resolution

Antitrust Counseling and Litigation

Arbitration

Corporate and Commercial Litigation

Complex Litigation

Defamation and Disparagement Claims

Employment Discrimination

Health Care Disputes

Insurance Coverage Disputes

Mediation

Medical Staff Privileges Disputes

Trade Secret Counseling and Litigation

Non-Competition Counseling and Litigation

Patent and Trademark Infringement

Unfair Trade Practices

Sales Warranty Claims

Wrongful Termination Claims
The University of Toledo
B.A., Magna Cum Laude, 1977

The Ohio State University College of Law
J.D., With Honors, 1980
Joseph M. Harter Trial Practice Award
Asahi Glass Co., Ltd. v. Toledo Engineering Co., Inc., 505 F.Supp.2d 423 (N.D.Ohio 2007)

Defiance Hosp. v. Fauster-Cameron, Inc., 344 F.Supp.2d 1097 (N.D.Ohio 2004)

Eaton v. Continental General Ins. Co., 147 F.Supp.2d 829 (N.D.Ohio 2001)

Goodyear Tire & Rubber Co. v. Hercules Tire & Rubber Co., Inc., 162 F.3d 1113 (C.A.Fed. 1998)

Pro-Mold and Tool Co., Inc. v. Great Lakes Plastics, Inc., 75 F.3d 1568 (C.A.Fed. 1996)
Toledo Bar Assn. v. Wittenberg, 60 Ohio St.3d 94, 573 N.E.2d 641 (Ohio 1991)
Member City of Sylvania Planning Commission and Board of Architectural Review, 1993-1994, Vice-Chair 1997-1998, Chair 1998 - 2006.

Member Sylvania City Council, 1994-1997. Chair, Sylvania City Council Zoning and Annexation Committee. Member, Sylvania City Council Safety, Utilities, and Employee and Community Relations Committees. Chair of Sylvania Internet Access Committee. Member of TAGRA Freenet Committee.

Founder and President, 1995-1997, Sylvania Electronic Village, Inc., an Internet Service Provider sponsored by the City of Sylvania.

National Rifle Association, Patron Life Member
The American Conservative Union
The Toledo Zoo
Toledo Museum of Art
United States District Court for the Northern District of Ohio
Panel of Neutrals
Attorney Advisory Committee, Co-Chair ADR Committee
Ad Hoc Local Patent Rules
Drafting Committee

Life Member, Sixth Circuit Judicial Conference

American Arbitration Association
Commercial and Employment Panels

Litigation
Health Care Practice
American Bar Association
Section Memberships – Litigation, Law Practice Management

Federal Bar Association

Ohio State Bar Association
Member, Federal Court Committee

Toledo Bar Association
Co-Chair, Grievance Investigation Committee (1987-1989)
Member, Grievance Committee (1989-1991)
Member, Federal Court Committee and Common Pleas Court Committee
Litigation
Alternative Dispute Resolution
Supreme Court of Ohio, 1980

United States District Court
Northern District of Ohio, 1981

United States District Court
Southern District of Ohio, 2003

United States District Court
Eastern District of Michigan, 1997

United States Court of Appeals
Sixth Circuit, 1983

United States Court of Appeals
Federal Circuit, 1995

United States Supreme Court, 2009

State Bar of Michigan, 2009
Speaker, Technology Law Group's Spring seminars for computer professionals. Topics of presentations - trade secret and non-competition programs, and legal aspects of the use of electronic data interchange in commercial transactions.

Speaker, AMS's GLSS EDI Symposium. Presentation Topic - Legal Aspects of EDI.

Speaker, Ohio State Bar Association Convention. Presentation Topic - Computer Crime.

Speaker, Ohio CLE Institute - Taking & Defending Depositions. Presentation Topic - Preparing Your Witness for Deposition

Speaker, Ohio CLE Institute Seminar - Managing Complex Litigation. Presentation Topic - Organizing the Evidence in Your Complex Case.

Speaker, Ohio CLE Institute Seminar - Ohio Civil Discovery. Presentation Topic - Preparing Your Witness for Deposition.

Speaker, Ohio CLE Institute Seminar - Ohio Pretrial Litigation. Presentation Topic - Preparing Your Witness for Deposition.

Faculty Member, National Institute of Trial Advocacy Seminars. Seminar Topic - Advanced Deposition Skills: Financial Expert Testimony.

Organizer of and Speaker at Intellectual Property Breakout Session at Ohio State Bar Association Convention. Presentation Topic - The Use of Mediation In Intellectual Property Disputes.

Speaker, Toledo Bar Association Alternative Dispute Resolution Seminar. Presentation Topic - Mediation: A Primer for the Advocate - Drafting Alternative Dispute Resolution Agreements.

Speaker, Toledo Bar Association Seminar on Representing Your Client During Mediation. Presentation Topic - How to Best Use the Mediator.

Speaker, Toledo Patent Law Association. Presentation Topic - Preparing for Patent Litigation.

Speaker, Toledo Bar Association. Presentation Topic - United States District Court Electronic Filing, An Amateur’s Guide to Becoming a Wired Lawyer.

Speaker, Toledo Bar Association. Presentation Topic - Litigation and the Y2K Problem.

Speaker, Hugh O’Brian Youth Leadership Presentation Topic - Ohio West Program.

Speaker, United States District Court for the Northern District of Ohio, Advanced Training for Federal Court Mediation Panelists.

Speaker, National Business Institute. Presentation Topic - Using the Internet to Enhance Your Practice, and Legal Resources in Cyberspace

Speaker, Ohio State Bar Association Environmental Law Committee Seminar. Presentation Topic - Internet E-mail: Ethical Considerations

Speaker, Ohio State Bar Association, Annual Convention, Computer Law Committee. Presentation Topic - Using Alternative Dispute Resolution in Technology Disputes

Toledo Moderator for Ohio CLE Institute seminars.
Litigation

Intellectual property litigation involving prosecution, defense, and appeal of patent and trademark infringement claims, Lanham Act claims, and unfair competition claims.

Commercial litigation involving claims relating to automobile manufacturer warranties, breach of contract, RICO, Business Opportunity Act, and large account claims.
Litigation involving valuation of corporate shares.

Complex litigation involving claims for changed conditions and fraud under construction contracts, claims against pension plan actuary, private anti-trust claims, and limited partnership derivative action claims.

Employment relations litigation involving employment contracts, employment discrimination claims, enforcement of contracts and non-competition agreements, trade secret protection, claims before the State Employment Relations Board, and workers compensation appeals.

Health care litigation involving physician contracts, medical staff membership, defamation, and anti-trust claims.

Insurance defense of health care related claims, aviation claims, lender liability claims, general liability claims, and coverage disputes.

Warranty related litigation concerning suppliers of parts incorporated into truck component assemblies.

Arbitration, mediation, and use of alternative dispute resolution mechanisms in Federal and State Courts.

Extensive involvement in the grievance and discipline process, including the investigation and prosecution of grievances for the Toledo Bar Association Grievance Committee.

Non-litigation experience in business organizations, commercial and real estate transactions, software license negotiation, labor relations, immigration law, pension matters, college and university law, and hospital law.

Extensive experience with the usage of computers for litigation support.

Alternative Dispute Resolution

Arbitrator in disputes involving commercial and professional contracts, employment agreements, claims of sexual harassment, and business sales.

Mediator in disputes involving employment discrimination claims, disputes between manufacturers and independent representatives, commercial and contract disputes, and insurance coverage disputes.

Early neutral evaluator in disputes involving employment and insurance claims.

Appeals Committee Reviewer for Prudential Sales Practices Litigation Class Action Settlement. Conducted special mediation and arbitration procedures in relation to claims submitted by policy holders arising out of insurance sales practices engaged in by the Prudential Life Insurance Company.

Speaker on the use of mediation in dispute resolution.

Member of American Arbitration Association Commercial, Employment, and Construction Panels.

Member of the Federal Court Panel of Neutrals of the United States District Court for the Northern District of Ohio.