Ohio law firm seeks actual controversy judgment connected to other arbitration

By Robbie Hargett | Jan 7, 2016

DAYTON, Ohio (Legal Newsline) – An Ohio law firm is suing a consulting and forensic services company and former stockholders of Stone Age Equipment over an actual controversy connected to a separate arbitration.

Bieser, Greer & Landis LLP filed a lawsuit Dec. 28 in the Western Division at Dayton for the Southern District of Ohio against National Economic Research Associates (NERA), William L. Carr, et al.

The suit states Carr served as stockholders representative for stockholders of Stone Age Equipment, doing business as Five Ten USA, in connection with a dispute between the stockholders and adidas America Inc.

Carr engaged the plaintiff to represent the stockholders in an arbitration of their dispute with adidas. The agreement between these parties obligated the stockholders to pay all expenses in connection with the arbitration, according to the suit.

Thereafter, the suit states, the plaintiff engaged NERA as an expert to undertake a damages analysis of the stockholders' claims against adidas, to prepare reports of its findings and opinions and to testify on behalf of the stockholders.

Now, the suit claims, an actual controversy of more than $75,000 has arisen between the stockholders and NERA as to the expenses billed by NERA for its services in connection with the arbitration.

The plaintiff seeks a declaratory judgment determining the amount owing to NERA for its services, a declaratory judgment that Carr and the plaintiff are entitled to indemnification from the stockholders for any amounts paid by either of them to NERA, and costs of the suit. The plaintiff is represented by attorney David C. Greer of Bieser, Greer & Landis in Dayton, and by attorney Lawrence J. Greger of Greger Law Office in Dayton. The case has been assigned to Judge Thomas M. Rose.

Western Division at Dayton for the Southern District of Ohio Case number 3:15-CV-00462

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