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Sallie Conley Lux

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Biography

Sallie has over 30 years of experience as a business litigator and has represented clients in litigation matters in a variety of forums, both federal and state. Sallie is a member of the Litigation, Insurance Recovery, and Labor & Employment Practice Groups and served as Chair of the Litigation Practice Group from January 2004 through June of 2010.

Over the years, Sallie's practice has centered on the representation of business in a wide range of disputes including business torts, fraud, trade secret matters, shareholder disputes, securities claims and products liability. She has worked on matters involving several people to several hundred parties and practices at all trial and appellate levels in both state and federal courts. In recent years, Sallie's practice has focused primarily on insurance recovery work on behalf of policyholders, real estate and zoning litigation, will and trust challenges and all facets of employment disputes and litigation.

Sallie is AV® Preeminent Peer Review Rated through Martindale-Hubbell.

  • Biography

    Sallie has over 30 years of experience as a business litigator and has represented clients in litigation matters in a variety of forums, both federal and state. Sallie is a member of the Litigation, Insurance Recovery, and Labor & Employment Practice Groups and served as Chair of the Litigation Practice Group from January 2004 through June of 2010.

    Over the years, Sallie's practice has centered on the representation of business in a wide range of disputes including business torts, fraud, trade secret matters, shareholder disputes, securities claims and products liability. She has worked on matters involving several people to several hundred parties and practices at all trial and appellate levels in both state and federal courts. In recent years, Sallie's practice has focused primarily on insurance recovery work on behalf of policyholders, real estate and zoning litigation, will and trust challenges and all facets of employment disputes and litigation.

    Sallie is AV® Preeminent Peer Review Rated through Martindale-Hubbell.

  • Professional & Civic Activities
    • Sallie is a member of the Akron, Cincinnati, Ohio State and Federal Bar Associations. She is also member of the American Bar Association, participating in the Litigation and Tort Trial and Insurance Practice sections.
  • Articles & Presentations
    • “When Actions Speak Louder Than Words,” Brouse McDowell’s Your Coverage Advisor, (Fall 2016) (a discussion of J.P. Morgan Securities, Inc. v. Vigilant Insurance Company, Sup. Ct. N.Y. No. 600979/09, 2016 WL 3943731 (July 7, 2016) (reservation of rights as effective denial of coverage))
    • “Decision Points,” Brouse McDowell’s Your Coverage Advisor, (Spring 2015): • The Rest of the Story: Hoyle v. The Cincinnati Ins. Co., 2015-Ohio-843 (intent to injure is an essential element of employers intentional tort; presumptive intent intentional torts not covered under EIL policy); • Who is a Resident Relative?: Schill v. Cincinnati Insurance Co., 2014-Ohio-4527 (a person’s domicile is the location of what he considers his true, permanent home and principal residence; a person’s intent is essential to determination; one can reside in one place and be domiciled in another); • Are Bicyclists Pedestrians?: Dye v. Grose, 2015-Ohio-10001 (5th Dist.) (bicyclist not pedestrian under automobile policy, contra, Schroeder v. Auto Owner’s Ins. Co., 20014-Ohio 5667 (6th Dist.)
    • “Decision Points,” Brouse McDowell’s Your Coverage Advisor, (Fall 2014): • Cincinnati Insurance companies v. Motorists Mutual Insurance Company, 2014-Ohio-3854 (9th Dist.) (although policy may not cover an insured’s work, CGL policies typically insure consequential risks stemming from insured’s work); • Gerken v. State Auto Insurance Company, 2014 Ohio-4428 (4th Dist.) (ambiguity in policy language is insufficient to prove bad faith, however, bad faith claim denied where insurer’s interpretation of ambiguous policy is reasonable); • Veach v.Chuchanis, 2014-Ohio-2949 (5th Dist.) (strict compliance with life insurance policy’s requirements waived where insurer files interpleader action)
    • “Decision Points,” Brouse McDowell’s Your Coverage Advisor, (Spring 2014): • Mustard v. Owners Ins. Co., 2014-Ohio-865 (4th Dist.) (applicability of liquor liability exclusion to a not-for-profit policyholder); • Vietzen v. Victoria Automobile Ins. Co., 2014-Ohio-749 (9th Dist.) (application of R.C. 3937.22 requirements for cancellation of automobile policy); • Priore v. State Farm Fire & Casualty Co., 2014-Ohio-696 (8th Dist.) (reformation unavailable where insured did not read policy; agent’s duty is not typically of a fiduciary nature, however, a specific request or request for general advice by insured may give rise to the higher fiduciary duty to advise insured about types of coverage insured may need)
    • “Real-Life Resolution Strategies of Bad Faith Claims,” Independence, Ohio (November 2011)
    • "D&O Liability Policies – A Potential Asset for Troubled Companies,” Insurance Coverage Law Bulletin (November 2008).
    • “New Developments in Business Records Retention and Electronic Discovery,” Brouse McDowell in association with Donald W. Wochna of Vestige (December, 2006).
    • Removal, Civil Litigation in Ohio, Ohio CLE Institute.
  • Representative Engagements
    • Successful representation of individuals and entities in various engagements, including:
    • Policyholders to obtain insurance coverage in connection with a wide variety of matters including liability coverage for sophisticated underlying environmental damage claims, directors and officers liability coverage for officers' negligent dissipation of corporate assets and in connection with securing defense of underlying employment litigation, among other matters.
    • Clients in a variety of real estate matters, ranging from disputes between private landowners and variance requests to constitutional challenges of zoning ordinances and related taking claims.
    • Summary judgment and resolution for high profile clients in litigation, including attempted class actions involving claims of racial, sexual and age discrimination, harassment, retaliation and handicap discrimination.
    • Parties in connection with the enforcement and enforceability of non-competition agreements.
    • Clients in shareholder disputes including allegations of breaches of fiduciary duties, usurpation of corporate opportunities and related issues.
    • Not for profit and individual clients in will and trust matters, including contests, construction, cy pres and deviation actions.
  • Distinctions
    • Cleveland’s Legal Leaders™ – Top Rated Lawyer in Commercial Litigation, General Practice, and Litigation — 2013