MARSHALL BENNETT
Curriculum Vitae

SUMMARY
Seasoned trial lawyer, arbitrator, and mediator with a diverse practice involving complex disputes in many industries and substantive areas of law. A demonstrated ability to embrace new challenges requiring the acquisition of new legal knowledge and technical skill. An intense focus on litigation technology, including in E-Discovery and trial presentation.
PROFESSIONAL EMPLOYMENT
October 2021, member of Marshall Bennett Ltd.
January 1987 to October 2021, partner and member of Marshall & Melhorn, LLC.
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Member, Litigation, Construction, Health Care, and Insurance Recovery Groups.
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Chair, Litigation Group
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Ethics and Professional Practices Counsel
June 1980 to December 1986, associate with Marshall & Melhorn.
1978 & 1979, summer clerk with Marshall, Melhorn, Cole, Hummer & Spitzer.
EDUCATION
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
BAR ADMISSIONS
Supreme Court of Ohio, 1980 (0015845)
State Bar of Michigan, 2009 (P72551)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
United States District Court for the Northern District of Ohio, 1981
United States District Court for the Southern District of Ohio, 2003
United States District Court for the Eastern District of Michigan, 1997
United States Court of Appeals for the Sixth Circuit, 1983
United States Court of Appeals for the Federal Circuit, 1995
United States Supreme Court, 2009
PROFESSIONAL SOCIETIES AND ORGANIZATIONS
Ohio State Bar Association, Member, Federal Court Committee
American Arbitration Association
PROFESSIONAL EXPERIENCE AS A TRIAL LAWYER
Complex litigation involving claims for changed conditions and fraud in construction contracts, claims against pension plan actuary, private anti-trust claims, patent infringement claims, automotive supply chain litigation involving Tier 1 and Tier 2 suppliers and automotive companies, and limited partnership derivative actions.
Healthcare litigation involving major hospital systems, including physician contracting and employment claims, disputes regarding privileges, trade secret misappropriation claims, anti-trust claims, unfair competition claims, and insurance coverage disputes.
Commercial litigation involving warranty claims, breach of contract, RICO, Business Opportunity Act, and large account claims.
Litigation involving valuation of corporate shares.
Employment relations litigation involving employment contracts, employment discrimination claims, enforcement of contracts and non-competition agreements, trade secret misappropriation claims, sales commission claims, claims before the State Employment Relations Board and workers’ compensation appeals.
Intellectual property litigation involving prosecution, defense, and appeal of patent infringement claims, Lanham Act claims, and unfair competition claims.
Insurance defense of health care related claims, nursing home negligence claims, attorney malpractice claims, aviation claims, lender liability claims, investor claims, general liability claims, and insurance coverage disputes.
Cases involving equitable relief, including temporary restraining orders, preliminary injunctions, and permanent injunctions.
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, land use planning, software license negotiation, labor relations, immigration law, pension matters, college and university law, and hospital law.
Extensive experience with E-Discovery, including the identification, gathering, analysis, and production of e-mail and electronically stored information, and the forensic examination of computers and cell phones.
Extensive experience with trial presentation software, including Adobe Acrobat, TrialPad, and Sanction.
Martindale-Hubbell Rating: AV.
PROFESSIONAL EXPERIENCE AS AN ARBITRATOR AND MEDIATOR
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Arbitrator in cases involving healthcare disputes, health insurance coverage disputes, commercial agreements, professional employment agreements, insurance agent employment agreements, physician employment agreements, attorney employment agreements, law firm organization and operating agreements, claims of sexual harassment and employment discrimination, disputes between owners of closely held business organizations, and claims relating to the sale of businesses.
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Mediator in disputes involving employment discrimination claims, disputes between manufacturers and independent representatives, commercial and contract disputes, insurance coverage disputes, and patent infringement.
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Early neutral evaluator in disputes involving employment and insurance claims.
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Appeals Committee Reviewer for Prudential Sales Practices Litigation Class Action Settlement. Conducted special mediation and arbitration procedures for claims submitted by policyholders arising out of insurance sales practices engaged in by the Prudential Life Insurance Company.
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Speaker on mediation and arbitration in dispute resolution.
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Member of the Commercial, Employment, and Mediator Panels of the American Arbitration Association
ADR TRAINING
AMERICAN ARBITRATION ASSOCIATION
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AAA Mediator Essentials: Skills for Facilitating Negotiated Agreements (32 Hour Course), 2018
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Arbitrator Performance and Demeanor – Meeting Participant Expectations (ACE 18), 2018
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eDiscovery - Arbitration in a Digital World (ACE12), 2018
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A La Carte Services, 2017
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Managing Arbitrations Following the Preliminary Hearing (ACE007), 2015
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Maximizing Efficiency & Economy in Arbitration, 2014
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Dealing with Delay Tactics in Arbitration (ACE004), 2010
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Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006
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Arbitrator Ethics and Disclosure (ACE003), 2004
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Arbitrator Update 2003
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Commercial Arbitrator II Training, 2002
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Commercial Arbitrator Training, 1999
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Employment Arbitrator Training, 1998
FINRA (Financial Industry Regulatory Authority)
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Online Dispute Resolution Basic Arbitrator Training (8 hours), 2018
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Online Dispute Resolution Expungement Training and Exam (1.5 hours), 2018
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Live Video Classroom Training Session (2.5 hours), 2018
U.S. District Court, Northern District of Ohio, Mediator Training
OTHER ACTIVITIES
Toledo Moderator for Ohio CLE Institute seminars.
Former Member of Board of Trustees, Kiwanis Club of Toledo.
Former Member, Vice-Chair, and Chair of City of Sylvania Planning Commission and Board of Architectural Review.
Former Member Sylvania City Council.
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 Former President of the Sylvania Electronic Village, Inc., an Internet Service Provider sponsored by the City of Sylvania.