Brian J. O'ConnellShareholder
Brian O’Connell is a member of the Strauss Troy litigation department. He focuses his practice in the areas of complex commercial litigation, construction litigation, intellectual property litigation, products liability and tort law.
With broad expertise in construction litigation, Brian has represented engineers, architects, contractors and owners in construction-related claims, ranging from cost overruns to property damage, defective work to scope changes, delay to personal injury, acceleration to liquidated damages. Brian recognizes and addresses the challenges facing today’s construction industry. He recently obtained the dismissal of all claims brought against an HVAC contractor, who was accused of installing a defective air conditioning system in a large office building. The plaintiffs sought damages of over $160,000. The court granted Brian’s Motion to Dismiss, after Brian convinced the court that the 4 year statute of limitations applicable to the sale of “goods” applied to the claims rather than the longer limitations applicable to other written contracts. The case was concluded, and all claims against Brian’s client were dismissed within three months of the filing of the Plaintiff’s complaint.
Brian has tried cases in state and federal courts across the United States. He is also experienced in arbitration and mediation procedures, thereby offering clients the option to choose the best method of conflict resolution for their particular situation.
- University of Dayton School of Law (J.D., magna cum laude)
- University of Dayton (B.A.)
- Obtained a jury verdict in the amount of $50,000 – the full amount claimed – in favor of a material supplier on an unjust enrichment claim against homeowners who refused to pay for their high-end kitchen appliances, lighting fixtures and plumbing fixtures when a dispute developed between them and their general contractor near the end of construction of their multi-million dollar new home.
- Obtained a defense verdict for an escalator maintenance company in a case in which an elderly woman claimed her shoe got caught on the comb plate of an escalator at Music Hall in Cincinnati, causing serious injury to her leg. After a six-day trial, the jury concluded the plaintiff was 100% at fault for her injuries.
- Obtained, through mediation, recovery of $458,000 on behalf of a HVAC/mechanical contractor and $250,000 on behalf of electrical contractor on delay damages claims arising from a public school construction project.
- Represented Witt Industries in a breach of contract and negligence claim against Ziolkowski Construction for defective paint which began peeling from the interior of a steel galvanizing facility within months of construction.
- Counsel for RETCO, Inc. in a suit against AERO, Inc. which alleged misappropriation of trade secrets.
- Represented Midwest Brokers & Associates, and a number of individual employees, in Moorman v. Smith, et al. The case involved claims for fraudulent and negligent misrepresentation arising out of contract to purchase commercial property. Obtained a defense verdict after a three week trial.
- Counsel for OPW Fueling Components/PISCES Underground Piping (a division of Dover Corporation) in various patent infringement, breach of contract and licensing cases.
- Represented Recording Industry Association of America (including BMG Music, Atlantic Recording Corporation, Capital Records, Inc., Arista Records LLC, Interscope Records, Sony BMG Music Entertainment, and Warner Brothers Records, Inc., among others) in a number of lawsuits seeking to stop the illegal uploading and downloading of copyrighted music on the internet.
Articles, Publications & Lectures
- Recent Developments in Construction Law in Ohio (CLE Presentation)
- 9 Common Construction Contract Provisions You Need to Know (CLE Presentation)
- Mediation & Arbitration Alternatives to Litigation (CLE Presentation)
- Identifying & Documenting Delay Claims (CLE Presentation)
- Search and Seizure: The Erosion of the Fourth Amendment Under the Terry-Standard, Creating Suspicion in High Crime Areas – State v. Andrews, 57 Ohio St. 3d 86, 565 N.E.2d 1271 (1991), cert. denied, 111 S. Ct. 2833 (interim ed. 1991). University of Dayton Law Review, Volume 16, Number 3.
Honors & Recognition
- Martindale-Hubbell AV® Preeminent™ Attorney
- Intellectual Property
- Patent Litigation
- Products Liability
- Mass Tort Litigation
- Regulatory Law
- Tort Litigation