Tyler Tarney

Commercial Litigation

• Lead counsel in hundreds of high-stakes state, federal, and arbitration disputes nationwide, frequently involving class, consolidated, and multi-plaintiff actions and immediate injunctive relief, breach of contract, RICO, fraud, conspiracy, tortious interference, and unfair competition claims.
• Lead counsel for title agency in RICO class action alleging fraudulent real estate investment scheme involving 450+ putative class members.
• Lead counsel in aviation litigation brought by former “Top Gun” pilot
• Secured dismissals and summary judgments in state and federal courts, appellate decisions affirming dismissal, and judgments at trial.

Results

• Argote-Romero v. LAZ Parking LTD, LLC, 264 N.E.3d 859 (10th Dist. Feb. 6, 2025) (affirming dismissal of Ohio Corrupt Practices Act, conspiracy, complicity, and other claims); 178 Ohio St. 3d 1491 (Jun. 10, 2025) (denying Ohio Supreme Court appeal)
• First Brands, LLC v. Neenah, Inc., 2023 WL 6065109 (N.D. Ohio Sept. 18, 2023) (judgment dismissing declaratory relief, breach of contract, and unjust enrichment claims over $500,000 earnest money deposit)
• Greenlee v. Relentless Recovery (Montgomery Cnty, Ohio Oct. 31, 2022) (summary judgment on conversion and contract claims)
• Jackson v. Apple, et al., 2022 WL 4132883 (N.D. Ohio Sept. 12, 2022) (dismissing RICO and fraud claims)
• Klock v. United Collection Bureau (N.D. Ohio Feb. 24, 2022) (granting motion for judgment on the pleadings on FDCPA claim), 2022 WL 19334591 (6th Cir. Oct. 27, 2022) (dismissing appeal)
• Timbuk Farms, Inc. v. Noxious Vegetation Control, 2021-CA-00017, (Ohio Fifth Appellate District, Nov. 15, 2021) (affirming summary judgment dismissing tree farm wholesaler’s claims that herbicide application contaminated irrigation pond and damaged tens of thousands of plants)
• Jackson v. Extended Stay America, (Franklin Cnty., Ohio Sept. 23, 2021) (granting motion to dismiss conversion and civil theft claims asserted by hotel guest)
• Timbuk Farms, Inc. v. Noxious Vegetation Control (Licking Cnty., Ohio Feb. 8, 2021) (summary judgment on tree farm wholesaler’s claims that herbicide application contaminated irrigation pond and damaged tens of thousands of plants)
• Flick v. Yellow Rose Niteclub, et al. (Montgomery Cnty., Ohio Dec. 2018) (imposing sanctions for frivolous conduct in case alleging negligent security against nightclub).
• Caswell v. Service Finance Company, LLC, et al. (Lake Cnty., Ohio Oct. 2018) (judgment against construction company on indemnity and duty-to-defend claims)
• Dowling v. Heartland of Marysville, (Union Cnty., Ohio Feb. 23, 2016) (defense verdict on property damage claims)
• Lester Weather v. Pep Boys, (Franklin Cnty., Ohio Jan. 5, 2015) (directed verdict property damage claim)
• Stepter v. Case Bowen (Franklin Cnty., Ohio Nov. 25, 2014) (summary judgment on tortious interference claims against homeowners association)
• Rider v. May, 2014 Ohio Misc. LEXIS 17253 (Franklin Cnty., Ohio Nov. 18, 2014) (summary judgment for insurer in coverage dispute)
• Jackson v. Force, 2014-Ohio-3167 (Miami Cnty., Ohio Feb. 6, 2014) (summary judgment on tortious interference claims against real estate broker. aff’d, 2014-Ohio-3167 (2nd Dist. Ohio Jul. 18, 2014) (affirmed on appeal)
• Korus v. Seven One Seven, (Franklin Cnty., Ohio Jun. 21, 2013) (directed verdict dismissing negligent security claims)

Restrictive Covenant/Trade Secret

• Lead trial counsel for Fortune Global 500 company in prosecuting non-compete/trade secret/employee raiding matters brought in New York, Illinois, Ohio, and Michigan against competitors and former employees and obtaining various federal TROs, preliminary injunctions, and/or permanent injunctions
• Defeated federal preliminary injunction requested by competitor against braided composites manufacturer
• Secured various high-stakes discovery orders in competitor litigation including orders compelling early/pre-discovery trade secret identification and competitor communications with counsel under crime-fraud privilege exception
• Advised various national companies and C-level executive on wide range of trade secret, non-compete, non-solicitation, confidentiality, and IP theft issues

Results

• Adecco USA, Inc. v. Arena Staffing, et al., 2025 WL 2815297 (D. Colorado Jun. 17, 2025) (issuing TRO against former employees and competitor for restrictive covenant breaches and tortious interference); 2025 WL 2493076 (D. Colorado Jul. 30, 2025) (issuing preliminary injunction)
• JTT Tax, LLC v. Samb, 2024 WL 1549462 (S.D. Ohio Apr. 9, 2024) (issuing TRO for breaches of restrictive covenants in franchise agreement and trade secret and trademark infringement claims), 2024 WL 1704537 (S.D. Ohio Apr. 19, 2024) (issuing preliminary injunction), 2025 WL 2969654 (S.D. Ohio Oct. 22, 2025) (issuing R&R to grant motion for contempt and sanctions)
• Adecco USA, Inc. v. Staffworks, Inc., 2020 WL 7028872 (N.D.N.Y. Sep. 15, 2020) (granting preliminary injunction in part for breaches of restrictive covenants); 2021 WL 2593304 (N.D.N.Y. Jun. 23, 2021) (order denying motion to dismiss in action against 10 defendants and asserting breach of contract, trade secret misappropriation, trademark infringement, tortious interference, and conversion claims)
• Modis, Inc. v. Frank Recruitment Group, Inc., et al., No. 1:20-cv-03290 (S.D.N.Y. Jul. 23, 2020) (issuing injunction against five former employees on non-solicitation, confidentiality, and return-of-property covenants)
• Special Counsel, Inc. v. Matter Discovery, LLC, No. 1:20-cv-01615 (N.D. Ill. Mar. 12, 2020) (issuing TRO against competing e-Discovery company and five former employees enforcing restrictive covenants) & 1:20-cv-01615 (N.D. Ill. May 22, 2020) (permanent injunction)
• Modis, Inc. v. Judge Technical Services, Inc., No. 2:19-cv-10618 (E.D. Mich. Jul. 11, 2019) (issuing preliminary injunction for IT staffing company enforcing restrictive covenants)
• A&P Tech., Inc. v. Highland Indus., Inc., 2017 U.S. Dist. LEXIS 211822 (S.D. Ohio Dec. 27, 2017) (denying preliminary injunction in trade secret dispute and granting in part motion for pre-discovery trade secret identification)
• Safety Today v. Roy, 2014 U.S. Dist. LEXIS 17116 (S.D. Ohio Feb. 11, 2014) (ordering trade secret plaintiff to identify trade secrets with particularity) & 2013 U.S. Dist. LEXIS 147765 (S.D. Ohio Oct. 11, 2013) (compelling communications under crime-fraud exception to attorney-client privilege in trade secret dispute)

Employment Litigation

• Secured dismissals and summary judgments in state and federal courts including various Sixth Circuit decisions affirming dismissal.
• Defended hundreds of employment matters across diverse forums, including EEOC, Civil Rights Commission, DOL, BWC, and State Personnel Board of Review, involving claims of wrongful discharge, discrimination, retaliation, harassment, hostile work environment, FMLA violations, contract disputes, wage-and-hour issues, whistleblower allegations, privacy breaches, negligent supervision, severance disputes, and intentional torts.
• Negotiated favorable resolutions in numerous wage-and-hour class and collective actions.
• Counseled clients from large national companies to C-level executives on restrictive covenants, wage-and-hour compliance, executive compensation, employee handbook, data security, workplace safety, risk management, severance agreements, hiring practices, and terminations.

Results

• Morgan v. Interstate Resources, Inc., 2023 WL 6283290 (S.D. Ohio Sept. 26, 2023) (summary judgment on age and national origin discrimination claims) aff’d 2024 WL 3221394 (6th Cir. Jun. 28, 2024)
• Provitt v. J.T. Thorpe & Son, Inc., 2023 WL 8357442 (N.D. Ohio Nov. 30, 2023) (dismissing race discrimination, retaliation, and contract claims)
• Holbrook v. Dumas, 2015 U.S. Dist. LEXIS 148192 (S.D. Ohio Nov. 2, 2015) (summary judgment on First Amendment retaliation claim), aff’d, 658 F.App’x 280 (6th Cir. Aug. 17, 2016)
• Simpson v. Vill. of Lincoln Heights (S.D. Ohio Nov. 5, 2015) (summary judgment on excessive force, emotional distress, and constitutional claims)
• McCowen v. Vill. of Lincoln Heights, 2014 U.S. Dist. LEXIS 174178 (S.D. Ohio Dec. 17, 2014) (summary judgment on Title VII retaliation claim), aff’d, 624 F.App’x 380 (6th Cir. Aug. 21, 2015)
• Muringai v. Frito-Lay, Inc., 2014 U.S. Dist. LEXIS 152847 (S.D. Ohio Oct. 28, 2014) (summary judgment on race discrimination claims)
• Snelling v. ATC Healthcare Servs., Inc., 2013 U.S. Dist. LEXIS 177179 (S.D. Ohio Oct. 17, 2013) (denying FLSA plaintiffs from pursuing Rule 23 class action)

Multi-District Litigation (MDL), Mass Torts, Product Liability

• Lead counsel in hundreds of nationwide actions, including catastrophic claims involving pharmaceuticals, hazardous chemicals, environmental issues, cosmetics, pesticides, talc, asbestos, diacetyl, benzene, medical devices, and home appliances
• Appointed by federal court as one of six national Liaison Counsel representing group of defendants in opioid MDL with over 1,400 cases, facilitating early exits for three clients in 40 Ohio opioid matters including multiple class actions
• Coordinated defense for chemical supplier and obtained early exit in 32 Ohio and Iowa cases case alleging diacetyl exposure

Results

• Smith v. Celanese International Corp. (Marion Cnty., Ohio June 11, 2024) (judgment on product liability claims alleging exposure to diacetyl and flavoring chemicals)
• McDonnell v. A&I Health Solutions, LLC (N.D. Ohio Jul. 7, 2023) (granting motion to dismiss NIED, IIED, and other claims alleging asbestos exposure)

Professional Liability and D&O Litigation

• Obtains dismissals in state and federal courts in various states for professionals and their firms, including affirmed Sixth Circuit decisions, shielding them from wide-ranging claims of negligence, fraud, malpractice, contract breaches, RICO violations, and constitutional violations.
• Defense of lawyers, engineers, architects, financial professionals, physicians, accountants, psychologists, counselors, auctioneers, real estate brokers, insurance agents, directors and officers, dentists, law enforcement, title agents, and others in state/federal courts and regulatory proceedings.
• Defended boutique IP law firm in high-stakes action alleging malpractice in representing prosthetics manufacturer in series of underlying bet-the-company patent suits.

Results

• Redding v. United States Parachute Association, 2025-Ohio-4631 (11th Dist. Oct. 6, 2025) (affirming dismissal of contract, negligence, breach of fiduciary duty, and tortious interference claims and judgment for frivolous conduct); 2023 WL 2565106 (11th Dist. Mar. 20, 2023) (affirming dismissal)
• Brockman v. Brookwood Capital Advisors, et al., 2025 WL 2772456 (S.D. Ohio Sept. 29, 2025) (granting motion to dismiss breach of fiduciary duty, conversion, and unjust enrichment claims against auctioneer)
• Drozdz v. Mold Mentor, LLC (Delaware Cnty, Ohio Jun. 23, 2025) (granting motion to dismiss negligence and CSPA claims)
• Adams v. Liberty Tax (Ashtabula Cnty, Ohio May 8, 2023) (dismissing claims against tax preparer)
• Redding v. United States Parachute Association, et al., (Geauga Cnty., Ohio May 27, 2022) (granting motion to dismiss contract, negligence, breach of fiduciary duty, and tortious interference claims against skydiving non-profit and its officers)
• Wright v. Affordable Language Services, Inc. (Hamilton Cnty., Ohio Jan. 26, 2021) (dismissing claims against language interpreting company alleging that misinterpretation of sign language during law enforcement interviews caused criminal conviction)
• B3DC Navy Yard, LLC v. Epoch Design Grp., Inc., 2020 U.S. Dist. LEXIS 30926 (D.D.C. Feb. 24, 2020) (granting motion to dismiss claims against mechanical engineering firm alleging negligent design in construction project in District of Columbia Navy Yard tower)
• Campinha Bacote LLC v. Braun (Del. Cnty., Ohio Feb. 9, 2018) (dismissing counterclaims for legal malpractice on summary judgment)
• Lefkowitz v. Ackerman, 2017 U.S. Dist. LEXIS 156006 (S.D. Ohio Sep. 25, 2017) (dismissal of RICO and fraud claims against psychologists)
• Walker v. Vill. of Addyston, 2016 U.S. Dist. LEXIS 167360 (S.D. Ohio Dec. 5, 2016) (dismissal of claims for public employee benefits on motion to dismiss)
• Novel v. Zapor (S.D. Ohio Mar. 22, 2016) (dismissal of RICO and fraud claims against law firm and attorneys on motion to dismiss), affi’d, No. 16-3363 (6th Cir. Dec. 6, 2016 & Jun. 21, 2017) (affirming and granting attorney fees for frivolous appeal)
• Ruiz-Bueno v. Maxim HealthCare Servs., (S.D. Ohio Jun. 15, 2015) (dismissal of deliberate indifference to medical needs claim asserted by prisoner against psychologist on motion to dismiss), aff’d, 659 F.App’x 830 (6th Cir. Aug. 25, 2016)
• Bernhard v. Mohican Rehabilitation Services, LLC, (Marion Cnty., Ohio Aug. 26, 2015) (summary judgment on medical negligence claims)
• Ross v. Rodier, 2013 Ohio Misc. LEXIS 16552 (Franklin Cnty., Ohio Nov. 25, 2013) (summary judgment on legal malpractice claims)

• Presenter, How to Document an Employee File, MyHRHelp Webinar Series, Dec. 5, 2017
• Presenter, Top 15 Legal Pitfalls for Breweries, Ohio Craft Brewers Association Meeting, Cleveland, Ohio, Jan. 25, 2017
• Nationwide Injunction Temporarily Blocks December 1, 2016 Overtime Exemption Changes, Nov. 29, 2016
• Presenter, The E-Discovery Process from the Plaintiff, Defendant, Ethical, and Judicial Perspectives, Columbus Bar Association CLE, Columbus, Ohio, Aug. 4, 2016
• Presenter, Americans with Disabilities Act Reasonable Accommodations for First Responders, Jul. 20, 2016
• Employers Must Re-Examine Overtime Practices After Department of Labor Drastically Restricts Exemptions, Jun. 14, 2016
• Presenter, Workplace Safety, Wage & Hour and Employment Practices Liability, Ohio Craft Brewers Association Annual Meeting, Columbus, Ohio, Jun. 7, 2016
• Supreme Court Condones Representative Statistics to Prove Class Action Claims, Apr. 20, 2016
• U.S. Supreme Court Largely Eliminates Class Action “Pick Off” Strategy, Feb. 11, 2016
• NLRB Drastically Expands Meaning of “Joint Employer”, Sep. 15, 2015
• Presenter, Americans with Disabilities Act and Sexual Harassment Awareness for First Responders, Aug. 11, 2015
• Why Specific Identification of Trade Secrets Early on in a Dispute is Critical, Nov. 7, 2014
• Sixth Circuit Reinforces the Significance of FMLA Notice Requirements and Employer Obligations with Medical Certification Forms, Sep. 18, 2014
• Supreme Court Decision Calls Hundreds of NLRB Decisions Into Question, Jul. 28, 2014

Admissions

• Ohio
• U.S. Court of Appeals, Second, Third, Sixth, Seventh, Tenth Circuits
• U.S. District Court, Southern and Northern Districts of Ohio
• U.S. District Court, Northern & Western Districts of New York
• U.S. District Court, Northern District of Illinois & Trial Bar
• U.S. District Court, Western District of Pennsylvania
• U.S. District Court, Southern & Northern Districts of Indiana
• U.S. District Court, Eastern & Western Districts of Michigan
• U.S. District Court, District of Columbia
• U.S. District Court, District of Colorado

Education

• J.D., summa cum laude, Capital University Law School, 2012
  • Executive Content & Business Editor, Capital University Law Review, Volume 40
  • Staff Member, Capital University Law Review, Volume 39
  • Pro Bono Legal Honors
• B.S., Economics, Smeal College of Business, Pennsylvania State University, 2009

Honors

• Super Lawyers® Rising Stars distinction in Business Litigation, Employment Litigation: Defense, Class Action/Mass Torts: Defense, and Professional Liability: Defense (2019-2025)
• Capital University Law School Young Alumnus of the Year (2020)