Cary Rodman Cooper is a proficient trial and appellate lawyer focusing on business, commercial and healthcare litigation. His experience includes a broad spectrum of cases including contract disputes, commercial issues involved in product failures, supply-chain matters, indemnity agreements, director and shareholder issues in closely held corporations, partnership disputes, and general business torts across numerous industries including automotive, banking, construction, finance, healthcare, manufacturing, and real estate.
Cary also serves as a mediator and an arbitrator, and he is a member of the panel of neutrals for the American Arbitration Association, the American Healthcare Lawyers Association, and the International Institute for Prevention and Resolution of Disputes.
Cary began his legal career as a judicial law clerk for judges in state and federal courts, and then served two years as a public defender representing indigent criminal defendants in trials and appeals, including seven murder trials. A representative list of the many civil trials and appeals Cary has handled includes:
- A $5.2 million jury verdict for a commercial real estate developer against an accounting firm for breach of fiduciary duty;
- A jury verdict of nearly $1 million for a medical device manufacturer against a hospital for fraudulently inducing sales, which verdict permitted the medical device manufacturer to favorably settle a similar case against another hospital;
- A successful appeal in federal court overturning a district court’s order and establishing an automobile parts supplier’s right to pursue indemnity for breach of warranty under an asset purchase agreement;
- A successful appeal to state supreme court reversing a trial court’s order and enforcing the spendthrift provisions of a family trust and preserving trust assets for the beneficiaries;
- A successful defense of an automotive parts manufacturer in a lengthy arbitration denying a claim seeking more than $100 million in damages for an alleged breach of contract to develop and distribute a continuously variable transmission; and
- Successfully defending two appeals in federal court sustaining a judgment for an insurance company holding that it’s right to a contractual set-off and recoupment of sales commissions took priority over a bank’s security interest in the commissions due a third-party insurance agency.
As an arbitrator, Cary has served as a single arbitrator and as a member of three-arbitrator panels. The following is a representative list of the types of cases in which Cary has served as an arbitrator:
- Dispute between several pharmacies and a pharmaceutical claims administrator under a state Prompt Pay Act.
- Dispute between healthcare system and a Medicaid managed-care insurer respecting reimbursement levels due under contract.
- Breach of contract dispute under Dealer Franchise Agreement.
- Damage claim to recover fees for architectural services for new construction and remodeling of nursing care facilities and counterclaims by owner for damages allegedly caused by improper design and construction.
- Contract dispute respecting use restrictions for medical-office building.
- Claim by healthcare provider to recover amounts debited by insurer for allegedly upcoding for services by the provider.
- Dispute between healthcare insurer and provider alleging discrimination under state’s any-willing-provider statute.
Cary has carried the AV® Preeminent™ Peer Review RatingSM by Martindale-Hubbell® for more than 35 years reflecting the highest peer review rating for ethical standing and legal ability. He has been listed in annual editions of The Best Lawyers in America in Commercial Litigation, and in Bet-the-Company litigation. In 2009, he was named “Toledo Best Lawyers Bet-the-Company Litigator of the Year.” Cary is a life member of the United States Sixth Circuit Court of Appeals Judicial Conference. In 2006, he received The University of Toledo Alumni Foundation’s Distinguished Lawyer Award, and in 2014 he received the Distinguished Service Award from Advocates for Basic Legal Equality and from Legal Aid of Western Ohio.