Daniel J. Rudary

Attorney

Dan is a civil trial attorney concentrating his practice in commercial and construction litigation, employment litigation, and appellate advocacy. Since joining BMD as an associate in 2013, Dan has successfully tried cases to juries in both state and federal court, and has assisted in the defense of class action, intentional tort, and constitutional claims on behalf of private employers, state agencies, and municipalities.

Contact Information

75 East Market Street. Akron, Ohio 44308
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Education

Case Western Reserve University School of Law, cum laude
The University of Richmond, B.A., summa cum laude

Overview

Dan graduated from Case Western Reserve University School of Law, cum laude, and the University of Richmond, summa cum laude, with a Bachelor of Arts degree in History. As a second year law student, Dan won Case Western Reserve’s Dean Dunmore Moot Court Competition, and subsequently served as president of the law school’s moot court board. While in law school, Dan also served on the editorial staff of Health Matrix: Journal of Law-Medicine, which published his note on free-exercise challenges to the Affordable Care Act’s contraceptive coverage mandate in March, 2013. Dan’s honors also include membership in the Order of Barristers, the Paul J. Hergenröeder Award for Trial Tactics, and membership in the Phi Beta Kappa national honorary society.

Courts & Bar Associations

  • Ohio Supreme Court
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Northern District of Ohio
  • United States District Court for the Southern District of Ohio
  • United States District Court for the Western District of Michigan

Representative Cases

  • U.S. Court of Appeals for the Sixth Circuit
    • Ohio State Chiropractic Ass'n v. Humana Health Plan Inc., 647 Fed.Appx. 619 (6th Cir.2016) (successfully briefed and argued before the U.S. Court of Appeals for the Sixth Circuit and obtained reversal of a federal district court’s order dismissing a putative class action against national insurance company and Medicare Advantage Organization).
  • United States District Courts
    • Roberto v. Kent State Univ., N.D.Ohio No. 5:16CV1305, 2017 WL 1155563 (March 28, 2017) (prevailed on motion to dismiss retaliation claim brought by former employee of state university under the federal False Claims Act).
    • Hous. Research & Advocacy Ctr. v. WXZ Residential Group/Circle Lofts 118 LLC, N.D.Ohio No. 1:16-CV-2032 (successfully represented structural engineer sued by regional housing advocacy group for alleged violation of the Fair Housing Act’s design and construction requirements; obtained voluntary dismissal of all claims against client after filing motion for summary judgment).
    • Immormino v. Lake Hosp. Sys., Inc., 127 F.Supp.3d 829 (N.D.Ohio 2015) (obtained summary judgment in favor of local health system on claims of age discrimination brought by multiple plaintiffs under federal and state law).
    • McClusky v. Lake Hosp. Systems, Inc., N.D.Ohio No. 1:14-CV-519, 2015 WL 4629251 (August 3, 2015) (obtained directed verdict during jury trial in federal district court on two of the plaintiff’s three employment discrimination claims, and subsequently defeated the nominally-prevailing plaintiff’s motion for attorneys’ fees and costs).
  • Ohio State Courts
    • DiSantis v. Lake Hospital System, Inc., Lake County Court of Common Pleas No. 16CV000994 (December 19, 2016) (obtained summary judgment in favor of defendant-employer on former employee’s claims for disability discrimination and retaliation under the Ohio Civil Rights Act).
    • Dougher v. Lake Hospital System, Inc., Lake County Court of Common Pleas No. 15CV001374 (May 26, 2016) (as first chair trial counsel, obtained unanimous jury verdict in favor of defendant employer on plaintiff’s claim for additional allowance of failed back syndrome);
    • Lequyea v. Lake Hospital System, Inc., Lake County Court of Common Pleas No. 15CV001193 (February 9, 2016) (as first chair trial counsel, obtained unanimous jury verdict in favor of defendant employer on plaintiff’s claim for additional allowance of multiple psychological conditions);
    • Young v. Zeus Real Estate, LLC, et al., Cuyahoga County Court of Common Pleas No. CV-14-835840 (December 10, 2015) (as lead trial counsel for the plaintiff, obtained fully favorable verdict, with treble damages and attorneys’ fees, for defendants’ violation of the Ohio Consumer Sales Practices Act and breach of contract).
    • Wheaton, et al. v. Venczel Homes, Inc., Summit County Court of Common Pleas No. CV-2015-04-2511, 2015 WL 11232540 (August 14, 2015) (obtained summary judgment granted in favor of residential  construction company on claims of negligence, fraud, and breach of contract).
    • Phoenix Resources, Inc. v. Retech of Georgia, LLC, et al., Summit County Court of Common Pleas No. CV-2013-11-5216 (December 18, 2014) (obtained summary judgment in favor of project owner and political subdivision of the State of Ohio on subcontractor’s breach of contract and quasi-contract claims).

Presentations & Publications

  • “Drafting A “Sensible” Conscience Clause: A Proposal for Meaningful Conscience Protections for Religious Employers Objecting to the Mandated Coverage of Prescription Contraceptives”, 23 Health Matrix 353 (2013).

 

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