Toby is an experienced trial lawyer, having served as first chair counsel in more than forty trials in State and federal courts. Many of the matters which Toby has tried have involved complicated or complex litigation issues, and occasionally “bet the company” outcomes for his clients. Toby has successfully tried cases in courts throughout the State of Ohio, and also Kentucky, West Virginia, Illinois, New Jersey, Alabama, and Oklahoma. Toby has handled or supervised litigation matters in nearly every State in the country. Toby has also successfully navigated his clients through a variety of complex appellate issues, having argued before the U.S. Sixth Circuit Court of Appeals, and the First, Second, Third, Fourth, Fifth, Seventh, Ninth, Tenth, Eleventh, and Twelfth Appellate Districts in Ohio.
A considerable portion of Toby’s practice involves defending clients in individual and class action cases involving consumer sales practices, product liability, fraud, and warranty claims, particularly for a number of motor vehicle manufacturers and distributors. Toby currently serves as national coordinating counsel for all of the warranty litigation claims for a major international motor vehicle manufacturer. Toby recently navigated an international motor vehicle distributor through a nationwide class action settlement in a highly contested consumer sales practices/consumer fraud litigation matter. The list of motor vehicle manufacturing clients which Toby has represented includes General Motors, Honda, Mitsubishi, Mazda, Kia, Hyundai, Toyota, Suzuki, Porsche, and CFMoto.
Toby also has significant experience handling a wide variety of commercial, business, real estate, and construction litigation matters for a number of diverse clients. Over the past several years, particularly following the downturn in the economy, Toby gained significant experience representing a number of lenders, developers, and receivers in commercial foreclosure and receivership proceedings.