Richard S. Walinski | Attorney | Brouse McDowell | Ohio Law Firm
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Richard S. Walinski

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Biography

Richard practices in the areas of contract, corporate, and commercial litigation. He also has done significant litigation in criminal defense, civil rights, and insurance coverage.

He has carried the AV® Preeminent™ Peer Review Rating by Martindale-Hubbell for nearly 40 years and has been listed annually in The Best Lawyers in America.  He is listed in Ohio Super Lawyers, which in 2004 listed him as one of the Top 100 lawyers in Ohio. His family has practiced continuously in the Toledo area for over a century.

Richard served as Chief Counsel to two of Ohio’s attorneys general, one Democratic and one Republican. He is the only person in Ohio to have served as the top legal advisor to an Attorney General from each major political party. He has also served as Chairman of the Ohio Supreme Court’s Rules Advisory Committee, chairing also the Evidence Rules Subcommittee. He served on the Ohio Constitution Modernization Commission.

Richard received a Bachelor of Arts degree in philosophy from The University of Toledo in 1965.  Before entering law school, he studied philosophy in the graduate school of Duquesne University.  Richard received a law degree from The University of Toledo in 1969, where he was the founding Editor-in-Chief of The University of Toledo Law Review. He is a member of the Order of the Coif and of the American Society of Writers on Legal Subjects.
  • Biography
    Richard practices in the areas of contract, corporate, and commercial litigation. He also has done significant litigation in criminal defense, civil rights, and insurance coverage.

    He has carried the AV® Preeminent™ Peer Review Rating by Martindale-Hubbell for nearly 40 years and has been listed annually in The Best Lawyers in America.  He is listed in Ohio Super Lawyers, which in 2004 listed him as one of the Top 100 lawyers in Ohio. His family has practiced continuously in the Toledo area for over a century.

    Richard served as Chief Counsel to two of Ohio’s attorneys general, one Democratic and one Republican. He is the only person in Ohio to have served as the top legal advisor to an Attorney General from each major political party. He has also served as Chairman of the Ohio Supreme Court’s Rules Advisory Committee, chairing also the Evidence Rules Subcommittee. He served on the Ohio Constitution Modernization Commission.

    Richard received a Bachelor of Arts degree in philosophy from The University of Toledo in 1965.  Before entering law school, he studied philosophy in the graduate school of Duquesne University.  Richard received a law degree from The University of Toledo in 1969, where he was the founding Editor-in-Chief of The University of Toledo Law Review. He is a member of the Order of the Coif and of the American Society of Writers on Legal Subjects.
  • Professional & Civic Activities
    • Ohio State Bar Association’s Select Committee on Evidence Reform, Member
    • Ohio Constitutional Modernization Commission, Member
    • Merit Selection Panel, United States District Court for the Northern District of Ohio, Member
    • Litigation Counsel of America, Member
    • The Trial Law Institute, Member
    • American Society of Writers on Legal Subjects, Member
    • Appointee to Ohio Constitutional Modernization Commission
  • Articles & Presentations
    • "Choice of law in Ohio: Two Steps Routinely Missed," 51 Akron Law Review 387 (2017)
    • "Ohio’s Modern Courts Amendment Must Be Amended: Why and How," 66 Cleveland State Law Review 69 (2017)
    • "Other-Acts Evidence: The Door is Now Open," 25 Ohio Trial 20 (Winter 2015)
    • "CLE for Judges: A Troublesome Practice," 6 Litigation Commentary & Rev. 64 (November 2014)
    • "Allocation in All-sums Jurisdictions: Can Insurers Collect from Policyholders?" Coverage (July/August 2007), relied upon in Liberty Mut. Fire Ins. Co. v. J.T. Walker Indus., 2011 S.C.Unpub. LEXIS 32 (Supreme Court of South Carolina 2011)
    • "Choice of Law in Ohio: The Entire Restatement 2d of Conflicts," 22 Ohio Lawyer (November/December 2008)
    • "The ABA’s New Vision of the Jury’s Function: An Opposing View," 32 Litigation 5 (Spring 2006)
    • "Questioning by Jurors: A Flawed Idea," 19 Ohio Lawyer 32 (January/February 2005)
    • "Rethinking CLE for Judges," 18 Ohio Lawyer 6 (July/August 2004)
    • Ohio Evidence, co-author (1989)
    • "Expectations of Privacy: Fourth Amendment Legitimacy Through State Law," 16 Harvard Civil Rights-Civil Liberties Law Review 1 (1981)
    • "The Proposed Ohio Rules of Evidence: The Case Against," 28 Case Western Reserve Law Review 344 (1978)
    • The Ohio Rules of Evidence, 51 Ohio Bar 48 (1978)
    • Jurisdiction and Federal Rules of Civil Procedure, Lecturer, The University of Toledo College of Law
    • Statutory Construction, Lecturer, Ohio Legal Center Institute
    • Statutory Construction, Lecturer, Common Pleas Judges’ Summer Seminar
    • Special Counsel, Attorney General of Ohio
    • Ohio General Assembly Select Committee on Evidence, Consultant, (assisted in adapting the Federal Rules of Evidence for promulgation as Ohio Rules of Evidence)
    • Evidence Seminar for Federal Court Practitioners, Commentator
    • "Federal Rules of Evidence: Pointers and Pitfalls," Lecturer, (seminar)
    • Ohio Evidence, Lecturer, (seminar comparing Ohio and federal law of evidence)
    • New Ohio Rules of Evidence, Lecturer, four seminars
    • Evidence Rules Regarding Expert Witnesses Lecturer, Ohio Association of Civil Trial Attorneys
    • Evidence Rules Regarding Expert Witnesses, Lecturer, Ohio Legal Center Institute
    • Ohio and Federal Rules of Evidence Lecturer, Monthly Seminars (over three years), Toledo Bar Association
    • "Evidence Reform," Presenter, National Association of Attorneys General
    • "Evidence & Hearsay," Lead Speaker, Columbus Bar Association CLE Masters Series
    • Rules Advisory Committee of the Supreme Court of Ohio, Chairman (one of five private practitioners appointed by the Supreme Court to the state-wide committee that advises the Court regarding the codified rules of civil, criminal, and appellate procedure and the codified rules of evidence)
    • ABA National Symposium on the American Jury System, Panelist, Southern Methodist School of Law, Dallas TX
    • "Masters Series: Evidence and Hearsay," Presenter, Columbus Bar Association
  • Representative Engagements
    • United States of America v. Territory of the Virgin Islands, et al., 884 F. Supp. 2d 399 (D.V.I. 2012) ‒ Lead counsel for the defendants in protracted prison-conditions suit filed by the United States Department of Justice Civil Rights Division in which the court vacated all remedial decrees entered against the defendants in previous 26 years regarding conditions at Golden Grove Correctional Facility, ruling that the orders failed to comply with the requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626. See also 280 F.R.D. 232 (D.V.I. 2012) (holding that plaintiff’s experts may not interview prison staff or employees while conducting onsite visit under Fed. Civ. R. P. 34).
    • United States of America v. James A. Telb, No.2009-0182, United States District Court for the Northern District of Ohio ‒ Co-counsel in criminal prosecution by the United States Department of Justice Civil Rights Division against Lucas County Sheriff and three deputies alleging civil-rights violations in the death of a pretrial detainee allegedly caused by application of sleeper hold for restraint. Lead counsel at trial for all defendants on cause of death. Verdict: Not Guilty on all counts involving causation of inmate’s death.
    • Faurecia Automotive Seating, Inc. v. Toledo Tool and Die Company, 579 F. Supp. 2d 967; 2008 U.S. Dist. LEXIS 76098 (N.D. Ohio 2008) ‒ Co-counsel in charge of briefing motion for judgment on the pleadings on the ground that the complaint alleged an unenforceable, illusory contract. Motion granted.
    • Salkil v. Village of Mount Sterling, 458 F.3d 520 (6th Cir. 2006) ‒ Lead counsel on appeal for appellant Equal Justice Foundation; reversed sanctions awarded under Civil Rule 11 and 28 U.S.C. § 1927.
    • Dana Corporation v. Celotex Asbestos Settlement Trust, et al., 251 F.3d 1107 (6th Cir. 2002) ‒ Lead counsel in trial court and on appeal for appellee Dana in 18-year litigation arising out of Dana’s divestiture of corporate subsidiary; affirmed trial court’s summary judgment.
    • Taaron Schaffer, et al. v. A. O. Smith Corporation, et al., 74 F.3d 722 (6th Cir. 1996) ‒ Lead counsel in trial court and on appeal for primary defendant in double-fatality product liability case; affirmed trial court’s entry of summary judgment for defendants, holding expert testimony inadmissible to establish the existence of a manufacturer’s duties.
    • Pangle v. Roundy’s Lake Sales, 76 Ohio St. 3d 389 (1996) ‒ Lead counsel on appeal for defendant-appellants; affirmed appellate court’s reversal of order granting new trial after defense verdict.
    • State of Ohio v. McDermott, John Lawrence, Esq., Contemnor, 72 Ohio St. 3d 570 (1995) ‒ Lead counsel on appeal for attorney held in contempt and jailed for refusing to divulge communications with client; affirmed appellate court’s reversal of contempt order, holding that Ohio recognizes no waiver of the attorney-client privilege except those stated in Ohio Revised Code § 2317.02(A). State v. Post, 32 Ohio St. 3d 380 (1989), overruled in part.
    • TRINOVA Corporation v. Pilkington Brothers, P.L.C., Libbey-Owens-Ford Company, 70 Ohio St. 3d 271 (1994) ‒ Co-counsel for plaintiff-appellee in action to recover $14,000,000 indemnification under contract for corporate divestiture, holding the principle of contract integration is a corollary to the parole evidence rule.
    • Dana Corporation v. Fireman’s Fund, et al., 865 F.2d 257 (6th Cir. 1988) ‒ Lead counsel in trial court and on appeal for plaintiff-appellee; affirmed injunction against defendant Celotex Corporation from filing new actions or further prosecuting current cases in other jurisdictions.
    • State v. Geraldo, 68 Ohio St. 120 (1981); 13 Ohio App. 27 (1983) ‒ Lead counsel for defendant-appellee; affirmed order suppressing evidence obtained from single-party-consent wiretap.
    • Childs v. Hon. Sumner Walters, et al., (unpublished) Supreme Court of Ohio. ‒ Lead counsel for primary respondent in original action for extraordinary writs; held: writs denied. Id. Lead counsel in United States Court of Appeals for the Sixth Circuit; affirmed order granting summary judgment that gave res judicata effect to supreme court decision.
    • Hartford Accident and Indemnity Company v. LTV Corporation and Dana Corporation, 774 F.2d 677 (5th Cir. 1985) ‒ Lead counsel for defendant-appellant at trial and on appeal of declaratory judgment action for indemnification arising out of divestiture of corporate subsidiary.
    • United Auto Workers v. Dana Corporation, 679 F.2d 634 (6th Cir. 1981) ‒ vacated and dismissed as moot, 697 F.2d 718 (6th Cir. 1983) (en banc). Lead counsel for defendant-appellant at trial and on appeal; appellate panel’s decision affirming injunction ordering employer to remain neutral during union’s effort to organize employees vacated, and action dismissed.
    • Markowitz and Company v. Lucas County Metropolitan Housing Authority, 608 F.2d 699 (6th Cir. 1979) ‒ Lead counsel for plaintiff-appellee at trial and of contract action against local housing authority; affirmed damage award for breach of contract.
    • Lamb Enterprises, Inc. v. Hon. George N. Kiroff, et al., 549 F.2d 1052 (6th Cir. 1977) ‒ Lead counsel for appellant; reversed district court’s injunction against state court trial retrying previously vacated federal court verdict. This is the seminal Sixth Circuit case on the applicability of Younger v. Harris to federal court injunctions against state civil proceedings.
    • Afro-American Patrolmen’s Association v. Duck, et al., 503 F.2d 294 (6th Cir. 1974) ‒ Co-counsel for intervening individual police officers in civil rights class action whose promotions to sergeant were enjoined by the district court.
    • Palmer v. Columbia Gas of Ohio, Inc., 479 F.2d 153 (6th Cir. 1973) ‒ Co-counsel for defendant-appellant at trial and on appeal of action under 42 U.S.C. § 1983; affirmed injunction against public utility from terminating gas service on grounds that utility’s action constituted state action and violated due process.
    • Taylor, et al. v. Perini, 477 F. Supp. 1289 (N.D. Ohio 1979) ‒ Lead counsel representing the Ohio Department of Rehabilitation and Correction during proceedings to enforce injunction obtained by inmate class regarding conditions of confinement.
    • Fireman’s Fund Ins. Co. v. Hartford Acc. & Indemn. Co. v. Dana Corporation, N.D. Ohio ‒ Lead counsel for policyholder in action among insurers over contribution for sums paid on insured’s behalf under policies of insurance that were retrospectively rated.
    • Ruiz v. Estelle, United States District Court for the Southern District of Texas ‒ Retained by the Administrative Office of the U.S. Courts to represent court-appointed monitor in month-long hearing on the first report of the Special Master and on State of Texas’ motion to discharge the Special Master.
    • Guthrie v. Evans, United States District Court for the Southern District of Georgia ‒ Retained by the Administrative Office of the U.S. Courts as lead counsel for special master/court-appointed expert witness in prison conditions suit in Georgia.
    • Parrish Power Products, Inc. v. Dana Corporation, United States District Court for the Northern District of Ohio ‒ Co-counsel for defendant in antitrust action; settled after three years of litigation for no monetary relief.
    • The Rose Company v. Dana Corporation v. Neenah Foundry, United States District Court for the Eastern District of Wisconsin ‒ Stuller Engineering and Marketing Services, Inc. v. Dana Corporation v. Neenah Foundry, United States District Court for the Northern District of Texas. Lead counsel for defendant in parallel actions alleging breach of contract for the sale of goods.
    • Seilon, Inc. v. Edward O. Lamb, et al., United States District Court for the Northern District of Ohio ‒ Co-counsel at trial for publicly traded plaintiff corporation in injunction action against minority shareholders to compel 13D disclosure by a group formed to gain control of plaintiff corporation.
    • Blackburn, Guardian, etc., et al. v. Creasey, etc., United States District Court for the Northern District of Ohio ‒ Lead counsel for plaintiffs, who were profoundly retarded residents of Northwest Ohio Developmental Center; injunction issued to prevent termination of Center as licensed provider. O’Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), distinguished.
    • Hirsch, et al. v. Payne County Drilling Partners, et al., Common Pleas Court of Lucas County, Ohio ‒ Lead counsel for group of corporate executives in action under Blue Sky law to recover sums invested in tax shelters.
    • Jemo Associates, Inc. v. City of Van Wert, et al., United States District Court for the Northern District of Ohio ‒ Lead counsel for defendants in action under 42 U.S.C. §§ 1981 and 1983 against city and its officials for preventing construction of federally-subsidized housing construction.
    • Defiance Associates v. City of Defiance, et al., United States District Court for the Northern District of Ohio ‒ Co-counsel for plaintiff building contractor in civil rights action against city and its officials for preventing construction of federally-subsidized housing.
    • Mower, et al. v. Denton, et al., United States District Court for the Northern District of Ohio ‒ Lead counsel for the Ohio Department of Rehabilitation and Correction in class action challenging conditions of confinement.
    • Hunt v. Michigan State University, United States District Court for the Western Division of Michigan ‒ Co-counsel in action in which varsity football player who was suspended by order of N.C.A.A. sought injunction against further suspension.
    • Gordon v. Blue Cross of Northwest Ohio, United States District Court for the Northern District of Ohio ‒ Lead counsel for prevailing plaintiff in Title VII action in which defendant consented to affirmative measures to improve working conditions and advancement opportunities for women employees.
    • Toledo Board of Education Title VI Compliance Review. Lead counsel for city school district in school segregation investigation by United States Department of Health, Education and Welfare and in other threatened school desegregation matters (1973–1976).
    • General Motors Engine Switch Litigation, United States District Court for the Northern District of Illinois. One of the three attorneys who negotiated the nationwide settlement of various public agencies’ actions against General Motors arising out of its installation of Chevrolet engines in Oldsmobile automobiles.
  • Distinctions
    • Recognized attorney in Who’s Who in Toledo Area Law — 2018
    • Listed in Who's Who In American Law — 2004-2018
    • Listed in annual editions of Ohio Super Lawyers since 2004
    • Distinguished Toledo Lawyer, The University of Toledo Law Alumni Association — 2002
    • Listed in annual editions of The Best Lawyers In America® since 1993
    • Distinguished Service Award, Ohio Academy of Trial Lawyers