Theodore M. Dunn, Jr.

Attorney

Managing conflict with effective, persuasive communication has a powerful influence.

Ted combines his keen ability to craft brilliant strategies with significant trial experience to produce successful resolutions in commercial litigation. He has represented numerous businesses in matters ranging from construction defects to workplace intentional tort to wrongful death actions. Ted’s wide range of experience includes defending matters involving:

Business Disputes
Construction Contracts, Liens, and Defects
Employment Law
Insurance Coverage and Risk Management
Product Liability
Professional Liability

When Skill Matters

Represented national lumber company against claims of breach of subcontract obligations, product liability, construction defects, Consumer Sales Practices Act, premises liability and general negligence.
Obtained judgment in favor of wireless communications site developer exempting proposed construction site from township zoning authority.
Obtained defense verdict for state lottery commission against vendor’s challenge of the award of a new gaming system contract to another vendor alleging the commission failed to follow its procurement process and abused its discretion.
Multi-district litigation involving alleged subprime financing scheme supported by financial guarantee surety bonds.
Obtained judgment in favor of bank against claims of negligence, malicious prosecution and Section 1983 arising out of matter referred to federal and state authorities for criminal investigation and prosecution.
Obtained dismissal of lawsuit against bank asserting claims of fraud and tortious interference brought by attorney for bank’s business client after business client settled directly with bank and then failed to pay attorney for legal services.
Obtained judgment in favor of bank in its capacity as indenture trustee in lawsuit brought by borrower to repay a mortgage note contrary to the terms of integrated agreements involving a tax free, municipal-bond financed, FHA insured, non-recourse mortgage loan to the potential detriment of bond holders and the municipality’s credit rating.
Represented businesses in class actions, multi-party product liability matters and high-exposure general liability matters, including cases involving quadriplegia, paraplegia, third degree burns and death. Products included medical devices, manufacturing machinery, material handling equipment, construction materials and equipment, commercial and residential furnaces, industrial chemicals, welding rods, electrical components and a wide array of personal consumer products.
Represented businesses/employers in common law and statutory business tort claims, including for employment discrimination, workplace intentional tort, and unfair competition.
Defended professional negligence claims against lawyers, physicians, psychologists, nurses, home health aides, nursing homes, ERISA fiduciaries, financial brokers and consultants, insurance representatives and agents, and others.
Obtained defense jury verdict in favor of specialist in medical malpractice and wrongful death action claiming delay in diagnosis due to emergency traumatic intubation led to infection, surgical complications, ventilator dependency and death.

Articles + Presentations

LexisNexis Practice Guide: Ohio Insurance Litigation (Editor, Contributing Author, December 2017)
You Need to Secure Your Privacy Protected Data – Now What? (Moderator, The Risk Management Society Regional Conference, October 2014)
D&Oh No! How Unsuspecting Executives Can Lose Their Liability Insurance Coverage (Author, Claims Management, December 2013)
Navigating the D&O Coverage Maze in an Era of Increased Scrutiny(Presenter, Association of Corporate Counsel, Northeast Ohio Chapter, March 2013)
Admitting Unauthenticated Cell Records Violates Confrontation Clause(Author, American Bar Association, December 2012)

Distinctions + Awards

Best Lawyers in America – Commercial Litigation
Best Lawyers in America – Insurance Law
Lead Counsel – Civil Litigation (Lead Counsel Review Board/Thompson Reuters)
Ohio Super Lawyers – Business Litigation
Top Rated Lawyers – Commercial Litigation (Legal Leaders)
AV-Preeminent Rated (Martindale-Hubbell)
Judicial AV-Preeminent Rated (Martindale-Hubbell)

Professional Affiliations

Litigation Counsel of America – Fellow
Defense Research Institute
American Bar Association
Ohio State Bar Association
Cleveland Metropolitan Bar Association – Civility and Professionalism Task Force and CLE Committee