Mark S. Fusco

COMMERCIAL LITIGATION

• Represented a global manufacturer of industrial tooling in a contract dispute with one of its suppliers
• Obtained a six-figure judgment, plus attorneys’ fees, for a commercial property owner in a contract dispute
• Obtained verdict for a client in a dispute over competing purchase orders by using forensic computer evidence to show that the opposing party had altered e-mails containing its acceptance of the original terms
• Represented an automobile dealer in a hearing before the Ohio Motor Vehicle Dealer Board who was seeking to acquire and relocate a new motor vehicle dealer franchise
• Obtained summary judgment for an automobile dealer in a dispute with a commercial customer who claimed lost profit due to excessive delays in the repair of its business vehicle
• Represented a local company in a dispute over a software contract with a national consulting company where the consulting company claimed $4 million in damages, but resolved for less than $100,000
• Resolved a national class action suit filed in Los Angeles against a client for a fraction of the amount claimed with significant contribution from the client’s insurance carrier
• Resolved a complex commercial case on behalf of a supplier of insulation used in power generators
• Obtained summary judgment for an orthodontist on fraudulent inducement claim asserted by a national practice group
• Defeated a claim for attorneys’ fees brought by a National Consumer Rights law firm by showing that the law firm failed to provide its client with an initial offer of a settlement which was greater than the settlement reached on the morning of the trial
• Defended several claims brought under the Telephone Consumer Protection Act
• Obtained the dismissal of a breach of contract claim filed by a plumbing company against the successful bidder for a public improvement contract in Lorain County
• Obtained a six-figure arbitration award against a construction company who built improvements on unstable soil
• Obtained a six-figure arbitration award on behalf of an anesthesia practice group against a gastroenterology practice

REAL ESTATE LITIGATION

• Obtained summary judgment in favor of a real estate developer by successfully arguing that the provisions of an automatic termination provision in an option contract could not be modified by contrary oral representations
• Cleared the way for a significant real estate project in downtown Cleveland in a matter of weeks through the creative use of Ohio’s forcible entry and detainer statute
• Represented two automobile franchisees in the Automobile Industry Special Binding Arbitration Program

LABOR & EMPLOYMENT LITIGATION

• Obtained a judgment on behalf of a manufacturing client against two former employees to recoup the cost of specialized training

APPELLATE LITIGATION

• Obtained the reversal of a six-figure jury verdict against a physician in a Fair Credit Reporting Act claim
• Upheld a trial court’s decision awarding zero damages in a Uniform Commercial Code (UCC) matter, despite the fact that the plaintiff had demonstrated liability
• Secured reversal of a trial court’s judgment that an equity membership contract for an exclusive country club was unconscionable
• Obtained reversal of a trial court decision that an equity golf membership was a consumer transaction
• Upheld a trial court’s decision that an option clause in a residential building contract had been waived by the consumer
• Arbitrated two cases for local auto dealers whose franchises were revoked in the Chrysler and GM bankruptcies