Law Firm Overview

Gary, Naegele & Theado is a unique trial and complex litigation law firm located in Northeast Ohio.  For over two decades the firm has handled complex litigation matters, primarily on behalf of plaintiffs, in a broad range of substantive fields including; pension litigation, consumer fraud, securities fraud, antitrust violations, environmental disasters and toxic torts, products liability, commercial disputes, and intellectual property disputes.  Members of the firm have successfully pursued, in class actions and individual suits, claims which have resulted in hundreds of millions of dollars for pensioners, consumers, investors, victims of environmental contamination, and other injured persons.  The attorneys of the firm combine academic achievement, and extensive practice experience to offer its clients the highest level of legal representation.

Honors and Awards

• AV Rating Martindale Hubbell
• Bar Register of Preeminent Lawyers

Published Works

• "The Rules of Evidence in Trial Practice", 2002
• "The Class Action Lawsuit in Ohio", 2000
• "Trial Advocacy in Ohio: A Plaintiff's Perspective", 2000
• "The Class Action Lawsuit in Ohio", 1999
• "Drug and Medical Device Class Actions", 1998
• "The Stigma Damages Rulings in DeSario v. Industrial Excess Landfill", 1996
• "Class Certification in Professional Negligence Cases", 1996
• "Common Fund Awards in Statutory Fee Cases", 18 Class Action Reports 83, 1995

Classes and Seminars

• Admissibility of Evidence and Expert Testimony in Ohio, National Business Institute, 2004
• Advanced Trial Advocacy in Ohio, National Business Institute, 2004
• The Economic Principles Underlying Class Litigation, Oberlin College, Oberlin, OH, 2002
• "Powerful Evidence in Ohio Civil Litigation", National Business Institute, Cleveland Ohio, 2002
• "Civil Practice Seminar", Lorain County Bar Association, Elyria, Ohio, 2001
• "The Basics of Cross-Examination", National Business Institute, Independence, OH, 2001
• "Trial Advocacy in Ohio", National Business Institute, Elyria, OH, 2000
• "Litigating the Class Action Lawsuit in Ohio", Lorain County (Ohio) Bar Association, Elyria, OH, 2000
• "Litigating the Class Action Lawsuit in Ohio", Lorain County (Ohio) Bar Association, Cleveland, OH, 1999
• "How to Recognize Your Class Action Clients Before You See Them to the Door", Erie County (Pennsylvania) Bar Association, Erie, PA, 1999
• "Economic Proofs of Liability and Damages in Class Action Suits", Oberlin College, Oberlin, OH, 1999
• "Plaintiff Class Actions: Their Purposes, Requisites and Pathology", Oberlin College, Oberlin, OH, 1997 - 1998
• "Don't Overlook Class Actions", Texas Trial Lawyers Association Conference, Houston, TX, 1998
• "Drug and Medical Device Class Actions", 1998

Representative Cases

• West v. AK Steel Corp. Retirement Accumulation Pension Plan, 318 F. Supp. 2d. 579 (S.D. Ohio 2004)
• Rybarczyk v. TRW, Inc., 235 F.3d 975 (6th Cir. 2000)
• Fine v. America. Online, Inc., 139 Ohio App. 3d 133 (Court of Appeals of Ohio 2000)
• Coles v. Board of Educ., 171 F.3d 369 (6th Cir. 1999)
• Lesser v. Burry, 132 Ohio App. 3d 319 (Court of Appeals of Ohio 1999)
• Beder v. Cleveland Browns, Inc., 129 Ohio App. 3d 188 (Court of Appeals of Ohio 1998)
• Thomson v. Karr, 4 F.Supp. 2d 731 (N.D. Ohio 1998)
• Cole v. Mileti, 133 F.3d 433 (6th Cir. 1998)
• Ohio Civ. Rights Comm. v. Case W. Res. Univ., 76 Ohio St.3d 168 (Supreme Court of Ohio 1996)
• Merrill Lynch v. Jaros, 70 F.3d 418 (6th Circuit 1995)
• Cooper v. Metal Sales Mftg. Corp., 104 Ohio App 3d 34 (Court of Appeals of Ohio 1995)
• Costantino v. TRW, Inc., 13 F.3d 969 (6th Cir. 1994)
• Smith v. City of Elyria, 857 F.Supp. 1203 (N.D. Ohio 1994)
• Merrill Lynch v. Stark, 65 Ohio St. 3d 312 (Supreme Court of Ohio 1994)
• First Nat. Supermarkets v. Merrill Lynch, 104 Ohio App. 3d 289 (Court of Appeals of Ohio 1994)
• In re Revco Sec. Litig. [1993 Transfer Binder], Fed. Sec. L. Rep. 97,809 (N.D. Ohio 1993)
• Turner v. Turner, 67 Ohio St.3d 337 (Supreme Court of Ohio 1993)
• DeSario v. Industrial Excess Landfill, Inc., 68 Ohio App.3d 117 (Court of Appeals of Ohio 1991)
• Jacobs v. Frank, 60 Ohio St.3d 111 (Supreme Court of Ohio 1991)
• State ex rel. Sun Newspapers, Inc. v. Board of Educ., 76 Ohio App. 3d 170 (Court of Appeals of Ohio 1991)
• Bd. of Ed. of the Strongsville City School Dist v. Theado, 57 Ohio St.3d 162 (Supreme Court of Ohio 1991)
• Baker v. BP Am., Inc., 749 F. Supp. 840 (N.D. Ohio 1990)
• Obenauf v. CIDCO Inv. Serv., 54 Ohio App. 3d 131 (Court of Appeals of Ohio 1990)
• Strock v. Pressnell, 38 Ohio St.3d 207 (Supreme Court of Ohio 1988)
• Mentor Lagoons Inc. v. Rubin, 31 Ohio St.3d 256 (Supreme Court of Ohio 1987)

West Practice Categories

Antitrust & Trade Regulation, Business & Commercial Law, Consumer Protection, Contracts, Civil Rights, Race Discrimination, Religious Discrimination, Sex Discrimination, Sexual Harassment, Constitutional Law, Employment Law -- Employee, Americans with Disabilities Act -- Employee, Employee Retirement Income Security Act (ERISA) -- Employee, Employee Rights -- Employee, Employment Discrimination -- Employee, Pensions, Benefits & Compensations -- Employee, Sexual Harassment -- Employee, Wage & Hour Laws -- Employee, Wrongful Termination -- Employee, Environmental Law, Hazardous Waste, Intellectual Property Law, Litigation & Appeals, Bankruptcy Litigation, Class Actions -- Plaintiff, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Multidistrict Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court, Personal Injury -- Plaintiff, Products Liability Law, Chemicals & Cosmetics, Machinery & Tools, Medical Products & Devices, Pharmaceutical Products, Securities Law, Securities Fraud & Insider Trading, Toxic Torts