Tyler Tarney

Tyler Tarney litigates and manages risk in complex commercial, trade secret/non-compete, mass tort, and employment disputes with a focus in bet-the-company exposure, class and collective actions, immediate injunctive relief, and other high stakes.

He has argued and won multiple Sixth Circuit appeals, been appointed national Liaison Counsel for a group of defendants in the Opioid Multi-District Litigation, obtained or defeated immediate injunctive relief in federal courts in various states, coordinated national and state mass tort strategy, handled cases with national media attention, and negotiated C-level executive employment and compensation agreements.

He also teaches Electronic Discovery as an adjunct law professor. In law school, he graduated third while clerking at a defense firm, on the Law Review Executive Board, and externing for Sixth Circuit Judge Jeffrey Sutton.

Admissions

• Ohio
• U.S. Court of Appeals, Second Circuit
• U.S. Court of Appeals, Third Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. Court of Appeals, Seventh Circuit
• U.S. District Court, Southern and Northern Districts of Ohio
• U.S. District Court, Northern & Western Districts of New York
• U.S. District Court, Northern District of Illinois & Trial Bar
• U.S. District Court, District of Columbia
• U.S. District Court, Western District of Pennsylvania
• U.S. District Court, Southern & Northern Districts of Indiana
• U.S. District Court, Eastern & Western Districts of Michigan

Multi-District Litigation (MDL), Mass Torts, Product Liability

• Lead counsel in hundreds of actions across the country including defense of numerous catastrophic actions in cases involving pharmaceutical, hazardous chemical, environmental, cosmetic, pesticide, talc, asbestos, diacetyl, benzene, medical device, and home appliance products
• Appointed by federal court as 1 of 6 national Liaison Counsel representing group of defendants in opioid MDL with 1,400+ cases, secured early exit of three clients in 40 Ohio opioid cases including various class actions, part of team that obtained early exit in 180+ cases nationwide
• Coordinated defense strategy for chemical supplier and obtained early exit in 32 Ohio and Iowa cases case alleging diacetyl exposure

Commercial Litigation & Class Actions

• Lead counsel in hundreds of state, federal, and arbitration matters across the country often brought through class, consolidated, and multi-plaintiff actions and involving the prosecution or defense of immediate injunctive relief and contract, unfair competition, RICO, conspiracy, fraud, indemnity, tortious interference, consumer protection (FDCPA, FCRA, TCPA), and premises liability claims
• Lead counsel for title agency in RICO class action alleging fraudulent real estate investment scheme involving 450+ putative class members
• Obtained numerous orders granting summary judgment and motions to dismiss in wide range of state and federal forums including various appellate decisions affirming dismissal
• Secured various judgments through directed or defense verdicts at trial and on indemnity claims

Results

• Klock v. United Collection Bureau, N.D. Ohio  (N.D. Ohio Feb. 24, 2022) (granting motion for judgment on the pleadings on FDCPA claim)
• Timbuk Farms, Inc. v. Noxious Vegetation Control, 2021-CA-00017, (Ohio Fifth Appellate District, Nov. 15, 2021) (affirming summary judgment dismissing tree farm wholesaler’s claims that herbicide application contaminated irrigation pond and damaged tens of thousands of plants)
• Jackson v. Extended Stay America, (Franklin Cnty., Ohio Sept. 23, 2021) (granting motion to dismiss conversion and civil theft claims asserted by hotel guest)
• Timbuk Farms, Inc. v. Noxious Vegetation Control (Licking Cnty., Ohio Feb. 8, 2021) (summary judgment on tree farm wholesaler’s claims that herbicide application contaminated irrigation pond and damaged tens of thousands of plants)
• Flick v. Yellow Rose Niteclub, et al. (Montgomery Cnty., Ohio Dec. 2018) (imposing sanctions for frivolous conduct in case alleging negligent security against nightclub).
• Caswell v. Service Finance Company, LLC, et al. (Lake Cnty., Ohio Oct. 2018) (judgment against construction company on indemnity and duty-to-defend claims)
• Dowling v. Heartland of Marysville, (Union Cnty., Ohio Feb. 23, 2016) (defense verdict on property damage claims)
• Lester Weather v. Pep Boys, (Franklin Cnty., Ohio Jan. 5, 2015) (directed verdict property damage claim)
• Stepter v. Case Bowen (Franklin Cnty., Ohio Nov. 25, 2014) (summary judgment on tortious interference claims against homeowners association)
• Rider v. May, 2014 Ohio Misc. LEXIS 17253 (Franklin Cnty., Ohio Nov. 18, 2014) (summary judgment for insurer in coverage dispute)
• Jackson v. Force, 2014-Ohio-3167 (Miami Cnty., Ohio Feb. 6, 2014) (summary judgment on tortious interference claims against real estate broker. aff’d, 2014-Ohio-3167 (2nd Dist. Ohio Jul. 18, 2014) (affirmed on appeal)
• Korus v. Seven One Seven, (Franklin Cnty., Ohio Jun. 21, 2013) (directed verdict dismissing negligent security claims)

Trade Secret/Non-Compete

• Lead trial counsel for Fortune Global 500 company in prosecuting non-compete/trade secret/employee raiding matters brought in New York, Illinois, Ohio, and Michigan against competitors and former employees and obtaining various federal TROs, preliminary injunctions, and/or permanent injunctions
• Defeated federal preliminary injunction requested by competitor against braided composites manufacturer
• Secured various high-stakes discovery orders in competitor litigation including orders compelling early/pre-discovery trade secret identification and competitor communications with counsel under crime-fraud privilege exception
• Advised various national companies and C-level executive on wide range of trade secret, non-compete, non-solicitation, confidentiality, and IP theft issues

Results

• Adecco USA, Inc. v. Staffworks, Inc., No. 6:20-cv-00744 (N.D.N.Y. Jun. 23, 2021) (order denying motion to dismiss in action against 10 defendants and asserting breach of contract, trade secret misappropriation, trademark infringement, tortious interference, and conversion claims)
• Adecco USA, Inc. v. Staffworks, Inc., No. 6:20-cv-00744, 2020 WL 7028872 (N.D.N.Y. Sep. 15, 2020) (order granting in part and denying in part motion for preliminary injunction)
• Modis, Inc. v. Frank Recruitment Group, Inc., et al., No. 1:20-cv-03290 (S.D.N.Y. Jul. 23, 2020) (issuing injunction against five former employees on non-solicitation, confidentiality, and return-of-property covenants)
• Special Counsel, Inc. v. Matter Discovery, LLC, No. 1:20-cv-01615 (N.D. Ill. Mar. 12, 2020) (issuing TRO against competing e-Discovery company and five former employees enforcing restrictive covenants) & 1:20-cv-01615 (N.D. Ill. May 22, 2020) (permanent injunction)
• Modis, Inc. v. Judge Technical Services, Inc., No. 2:19-cv-10618 (E.D. Mich. Jul. 11, 2019) (issuing preliminary injunction for IT staffing company enforcing restrictive covenants)
• A&P Tech., Inc. v. Highland Indus., Inc., 2017 U.S. Dist. LEXIS 211822 (S.D. Ohio Dec. 27, 2017) (denying preliminary injunction in trade secret dispute and granting in part motion for pre-discovery trade secret identification)
• Safety Today v. Roy, 2014 U.S. Dist. LEXIS 17116 (S.D. Ohio Feb. 11, 2014) (ordering trade secret plaintiff to identify trade secrets with particularity) & 2013 U.S. Dist. LEXIS 147765 (S.D. Ohio Oct. 11, 2013) (compelling communications under crime-fraud exception to attorney-client privilege in trade secret dispute)

Employment & Wage-and-Hour Litigation

• Obtained numerous orders granting summary judgment and motions to dismiss in various state and federal forums including multiple Sixth Circuit decisions affirming dismissal
• Defended hundreds of matters involving wrongful discharge, all forms of discrimination, retaliation, harassment, hostile work environment, FMLA, contract, wage-and-hour, whistleblower, privacy, negligent supervision, severance, and intentional tort claims across broad spectrum of state, federal, and regulatory forums including EEOC, Civil Rights Commission, DOL, BWC, and State Personnel Board of Review
• Negotiated favorable resolutions in numerous wage-and-hour class and collective actions
• Advised clients ranging from national companies to C-level executives on restrictive covenant, wage-and-hour, executive compensation, handbook, data security, workplace safety, risk management, severance, hiring, and termination issues

Results

• Holbrook v. Dumas, 2015 U.S. Dist. LEXIS 148192 (S.D. Ohio Nov. 2, 2015) (summary judgment on First Amendment retaliation claim), aff’d, 658 F.App’x 280 (6th Cir. Aug. 17, 2016)
• Simpson v. Vill. of Lincoln Heights (S.D. Ohio Nov. 5, 2015) (summary judgment on excessive force, emotional distress, and constitutional claims)
• McCowen v. Vill. of Lincoln Heights, 2014 U.S. Dist. LEXIS 174178 (S.D. Ohio Dec. 17, 2014) (summary judgment on Title VII retaliation claim), aff’d, 624 F.App’x 380 (6th Cir. Aug. 21, 2015)
• Muringai v. Frito-Lay, Inc., 2014 U.S. Dist. LEXIS 152847 (S.D. Ohio Oct. 28, 2014) (summary judgment on race discrimination claims)
• Snelling v. ATC Healthcare Servs., Inc., 2013 U.S. Dist. LEXIS 177179 (S.D. Ohio Oct. 17, 2013) (denying FLSA plaintiffs from pursuing Rule 23 class action)

Professional Liability and D&O Litigation

• Prevailed in federal courts in various states dismissing wide range of matters against professionals and their firms, agents, and brokers including multiple Sixth Circuit decisions affirming dismissal
• Successful defense of lawyers, engineers, architects, financial service professionals, physicians, accountants, psychologists, counselors, real estate brokers, insurance agents and brokers, directors and officers, dentists, law enforcement, title agents, other professionals, and their firms before state and federal courts, grand juries, and regulatory forums including the DOC, Ethics Commission, and Medical and Dental Boards in matters alleging negligence, fraud, malpractice, contract, RICO violations, constitutional violations, emotional distress, personal injury, as well as with third-party subpoenas
• Defended boutique IP law firm in high-stakes action alleging malpractice in representing prosthetics manufacturer in series of underlying bet-the-company patent suits

Results

• Redding v. United States Parachute Association, et al., (Geauga Cnty., Ohio May 27, 2022) (granting motion to dismiss contract, negligence, breach of fiduciary duty, and tortious interference claims against skydiving non-profit and its officers)
• Wright v. Affordable Language Services, Inc. (Hamilton Cnty., Ohio Jan. 26, 2021) (dismissing claims against language interpreting company alleging that misinterpretation of sign language during law enforcement interviews caused criminal conviction)
• B3DC Navy Yard, LLC v. Epoch Design Grp., Inc., 2020 U.S. Dist. LEXIS 30926 (D.D.C. Feb. 24, 2020) (granting motion to dismiss claims against mechanical engineering firm alleging negligent design in construction project in District of Columbia Navy Yard tower)
• Campinha Bacote LLC v. Braun (Del. Cnty., Ohio Feb. 9, 2018) (dismissing counterclaims for legal malpractice on summary judgment)
• Lefkowitz v. Ackerman, 2017 U.S. Dist. LEXIS 156006 (S.D. Ohio Sep. 25, 2017) (dismissal of RICO and fraud claims against psychologists)
• Walker v. Vill. of Addyston, 2016 U.S. Dist. LEXIS 167360 (S.D. Ohio Dec. 5, 2016) (dismissal of claims for public employee benefits on motion to dismiss)
• Novel v. Zapor (S.D. Ohio Mar. 22, 2016) (dismissal of RICO and fraud claims against law firm and attorneys on motion to dismiss), affi’d, No. 16-3363 (6th Cir. Dec. 6, 2016 & Jun. 21, 2017) (affirming and granting attorney fees for frivolous appeal)
• Ruiz-Bueno v. Maxim HealthCare Servs., (S.D. Ohio Jun. 15, 2015) (dismissal of deliberate indifference to medical needs claim asserted by prisoner against psychologist on motion to dismiss), aff’d, 659 F.App’x 830 (6th Cir. Aug. 25, 2016)
• Bernhard v. Mohican Rehabilitation Services, LLC, (Marion Cnty., Ohio Aug. 26, 2015) (summary judgment on medical negligence claims)
• Ross v. Rodier, 2013 Ohio Misc. LEXIS 16552 (Franklin Cnty., Ohio Nov. 25, 2013) (summary judgment on legal malpractice claims)

• Co-Presenter, Litigation & Financial Considerations During COVID, Ohio Association of Civil Trial Attorneys, Business & Commercial Litigation Section, CLE Webinar (Aug. 19, 2021)
• Presenter, How to Document an Employee File, MyHRHelp Webinar Series (Dec. 5, 2017)
• Presenter, Top 15 Legal Pitfalls for Breweries, Ohio Craft Brewers Association Meeting, Cleveland, Ohio, (Jan. 25, 2017)
• Nationwide Injunction Temporarily Blocks December 1, 2016 Overtime Exemption Changes (Nov. 29, 2016)
• Presenter, The E-Discovery Process from the Plaintiff, Defendant, Ethical, and Judicial Perspectives, Columbus Bar Association CLE, Columbus, Ohio (Aug. 4, 2016)
• Presenter, Americans with Disabilities Act Reasonable Accommodations for First Responders (Jul. 20, 2016)
• Employers Must Re-Examine Overtime Practices After Department of Labor Drastically Restricts Exemptions (Jun. 14, 2016)
• Presenter, Workplace Safety, Wage & Hour and Employment Practices Liability, Ohio Craft Brewers Association Annual Meeting, Columbus, Ohio (Jun. 7, 2016)
• Supreme Court Condones Representative Statistics to Prove Class Action Claims (Apr. 20, 2016)
• U.S. Supreme Court Largely Eliminates Class Action "Pick Off" Strategy (Feb. 11, 2016)
• NLRB Drastically Expands Meaning of "Joint Employer" (Sep. 15, 2015)
• Presenter, Americans with Disabilities Act and Sexual Harassment Awareness for First Responders (Aug. 11, 2015)
• Why Specific Identification of Trade Secrets Early on in a Dispute is Critical (Nov. 7, 2014)
• Sixth Circuit Reinforces the Significance of FMLA Notice Requirements and Employer Obligations with Medical Certification Forms (Sep. 18, 2014)
• Supreme Court Decision Calls Hundreds of NLRB Decisions Into Question (Jul. 28, 2014)

Education

J.D., summa cum laude, Capital University Law School, 2012

• Executive Content & Business Editor, Capital University Law Review, Volume 40
• Staff Member, Capital University Law Review, Volume 39
• Pro Bono Legal Honors

B.S., Economics, Smeal College of Business, Pennsylvania State University, 2009

Honors

Super Lawyers® Rising Star (Business Litigation) (2019–2023)

Capital University Law School Young Alumnus of the Year (2020)