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Admissions

  • Ohio, 1978
  • U.S. District Courts:
    Northern District of Ohio, 1978
    Eastern District of Michigan, 1982
    Southern District of Ohio, 2004
  • U.S. Court of Appeals, Sixth Circuit, 1984
  • U.S. Supreme Court, 1988

Education

University of Toledo College of Law, J.D., 1977

Williams College, B.A. with honors, 1973

Northwestern University, Certificate, Mediation Training, 2015

Profile

“In business litigation it is far more about the facts than the law and the client is the resource. Sometimes the facts are good, sometimes not.  Until we have listened carefully to our clients’ stories, we cannot represent them well.”

John M. Carey is a member in the Toledo office of Eastman & Smith 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.

Additionally, Mr. Carey has handled arbitrations, mediations and dispute resolutions. To further add value for clients in these matters, he has obtained a certificate in mediation skills from Northwestern University's School of Professional Studies. This program hones skills used by attorneys in arbitration, dispute resolution or mediation.

Experience

Experience

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

Honors & Affiliations

Community/Professional Affiliations

Mr. Carey has been involved in a number of professional and community organizations including:

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

Honors & Awards

  • AV rated by Martindale Hubble
  • Listed in Best Lawyers of America® in the area of commercial litigation.

Publications & News

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