OverviewCary Cooper is a proficient arbitrator and mediator concentrating on business, commercial, and healthcare disputes. Cary's ADR skills are strengthened by his experience as a trial and appellate lawyer in a wide spectrum of cases, including contract disputes, commercial issues 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 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 defendents in trials and appeals, including seven murder trials. Services as a Neutral:  In addition to private engagements, he is a member of the following neutral panels:
- American Arbitration Association Commercial Panel of Neutrals
- American Health Lawyers Association Neutrals
- American Health Lawyers Association Exclusive List of Mediators
- ADR Federal Court panel, U.S. District Court, Northern District of Ohio
- National Acadmey of Distinguished Neutrals, Ohio Chapter
Representative list of the types of cases 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
- Contract dispute between physician-members of a limited liability company.
Awards / Recognition
- 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.
- Cary 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.
- In 2014 he received the Distinguished Service Award from Advocates for Basic Legal Equality and from Legal Aid of Western Ohio.
- In 2020, he was selected for Toledo Business Journal's Who's Who in Toledo Area Law.
- In 2021, he was again selected for Toledo Business Journal's Who's Who in Toledo Area Law.
- In 2021, Cary was recognized in The Best Lawyers in America ®'for Bet-the-Company Litigation and Commercial Litigation
- In 2022, Cary was inducted into the National Acadmey of Distinguished Neutrals (NADN).
Professional / CommunityProfessional Affiliations
- American Bar Association
- Ohio State Bar Association
- State Bar of Michigan
- Toledo Bar Association
- American Health Lawyers Association
Community Affiliations
- Board Chair, Ohio University Board of Trustees
- Member, Ohio University Foundation Board of Trustees
- Member, Advisory Committee George V. Voinovich School of Leadership and Public Service, Ohio University
- Member, Advisory Council, Advocates for Basic Legal Equality and Legal Aid of Western Ohio
Representative Matters Representative Reported Appellate Matters:
- Texas UJoints, LLC v. Dana Holding Corp., 844 F.3d 617 (7th Cir. 2016)
- Dana Limited v. Sypris Technologies, Inc., 54 N.E.3d 801, 2015-Ohio-5311 (6th Dist. Ohio App. 2015)
- ProMedica Health System, Inc. v. FTC, 749 F.3d 559 (6th Cir. 2014), Amici Curiae Brief on behalf of 53 Business, Professional, Educational, Civic Organizations, Municipalities, and Governmental Entities Supporting Petitioner, cert. den. 135 S. Ct. 2049 (Mem), 191 L.Ed.2d 956 (2015)
- Wrinn v. Ohio State Highway Patrol, No. 11AP-1006, 2013 WL 1200 256 (10th Dist. Ohio, Mar. 26, 2013)
- Twee Jonge Gezellen Ltd. v. Owens-Illinois, Inc., 2007 U.S. App. LEXIS 18257 (6th Cir. 2007)
- Grupo Condumex, S.A. de C.V. v. SPX Corporation, 2006 U.S. App. LEXIS 23217 (6th Cir. 2006)
- Hull v. Columbia Gas of Ohio, 110 Ohio St. 3d 96 (2006)
- National City Bank, Northwest v. Columbia Mutual life Ins. Co., 282 F.3d 407 (6th Cir. 2002)
- Columbus Bar Assn. v. Elsass, 74 Ohio St. 3d 174 (1995)
- N.L.R.B. v. Health Care & Retirement Corp., 114 S. Ct. 1778 (1994) (on brief)
- Landefeld v. Marion General Hospital, 994 F.2d 1178 (6th Cir. 1993)
- Domo v. McCarthy, 66 Ohio St. 3d 312 (1993)
- Kauffman v. Allied-Signal Inc., 970 F.2d 178 (6th Cir. 1992)
- Dana Corp. v. Blue Cross & Blue Shield Mutual of Northern Ohio, 900 F.2d 882 (6th Cir. 1990)
- Shimman v. Frank, 625 F.2d 80 (6th Cir. 1980)
- Markowitz & Company v. Toledo Metropolitan Housing Authority, 608 F.2d 699 (6th Cir. 1979)
- Palmer v. Columbia Gas of Ohio, 479 F.2d 153 (6th Cir. 1973)
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 defendents in trials and appeals, including seven murder trials. |
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