John M. Carey

Member
jmcarey@eastmansmith.com
Education
University of Toledo College of Law, J.D. 1977
Williams College, B.A., 1973, with honors

Location
One Seagate, 24th Floor
P.O. Box 10032
Toledo, Ohio 43699-0032
Direct: (419) 247-1629
Office: (419) 241-6000
Fax: (419) 247-1777
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Bar Admissions
Ohio, 1978

U.S. District Court, Northern District of Ohio, 1978

U.S. District Court, Eastern District of Michigan, 1982

U.S. District Court, Southern District of Ohio, 2004

U.S. Court of Appeals, Sixth Circuit, 1984

U.S. Supreme Court, 1988



John M. Carey is a member in the Toledo office of Eastman & Smith Ltd. and concentrates his practice in the areas of commercial transactions, contracts and business. Mr. Carey regularly represents clients in commercial transactions and has substantial experience in representing private and public clients in commercial litigation in state and federal courts. Some examples of his practice include:

  • Representation of one of the two lead investors in the startup of a manufacturer, to include negotiation of the take-off agreements required for a successful initial public offering;

  • Representation of a foreign company acquirer of a U.S. wireless network distributor;

  • Representation of processors in disputes relating to supply agreements in volatile markets;

  • Representation of banks in disputes relative to the negotiation of instruments;

  • Representation of two nonprofit organizations and a for profit entity in the litigation and negotiated recovery of repair costs related to construction disputes between those owners and their architects, engineers or contractors;

  • Representation of the state court receiver, at trial and at the appellate level, in defeating claims of shareholders relative to their bank guaranties;

  • Representation of bankruptcy trustees and an unsecured creditors committee in setting aside claims of secured status by banks and, in one instance, the recovery of multi-million dollar preference orchestrated by the insider guarantors; and

  • Obtained a $5,000,000 arbitration award overseas for a foreign companys breach of contract.

Mr. Carey is involved in a number of professional organizations, including:

  • Sixth Circuit Judicial Conference (Life Member)
  • Federal Bar Association (Bankruptcy and Litigation Sections)
  • Mediation Panel of the U.S. District Court, Northern District of Ohio
  • American Bar Association, Business and Litigation Sections
  • Toledo Bar Association
  • Ohio State Bar Association

He is AV rated by Martindale and is listed in Best Lawyers of America in the area of commercial litigation.