Dennis M. O’Toole

Partner

Practice Areas:

Litigation, Arbitration, and Administrative Hearings

Water and Sewer Districts

Public Entities

Phone:

(440) 930-4001

Email:

dotoole@dooleygembala.com

Overview

Dennis O’Toole is a Senior Partner of the Firm and has been a trial lawyer for nearly 50 years. He has handled a wide variety of civil cases as part of a multi-state practice based in Northern Ohio. His practice includes eminent domain litigation representing landowners as well as public sector agencies. He obtained the three highest jury awards in eminent domain cases in the history of Lorain County representing private landowners. Dennis represents many townships and other political subdivisions in Ohio. His practice also includes serious personal injury and wrongful death cases.

Dennis serves as special counsel to many public sector clients across Ohio, including:

Lorain County
Lorain County Community College
The City of Amherst
The City of Avon
The City of Oberlin
The City of Wadsworth
The City of Westlake

Dennis also represents many townships and other political subdivisions in Ohio. Throughout his entire career, Dennis has served as general counsel for the Lorain County Metropolitan Park District and the Lorain Metropolitan Housing Authority. Dennis also serves as general counsel for several regional rural water and sewer districts, including:

Rural Lorain County Water Authority
Northern Ohio Rural Water
Lorain County Rural Wastewater District
Jefferson County Water and Sewer District

In addition to Dennis’ representations, the Firm also serves as general counsel for the Ohio Rural Water Association and counsels many rural water associations and their general counsel throughout the United States. Dennis is recognized as a national authority on 1926(b) litigation cases and frequently lectures on the subject throughout the United States. He is a requested speaker and presenter on state and national levels and is an author and co-author of published works on legal liability and trial practice.

Credentials:
J.D., Capital University Law School, 1974
Bachelor of Arts, Regis College (Denver, Colorado), 1970

Memberships:
Dennis served eight terms as chair of the Legal Ethics and Grievance Committee of the Lorain County Bar Association

Admissions

Supreme Court of Ohio
U.S. Supreme Court
U.S. Court of Appeals, Sixth Circuit
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
U.S. District Court for the Western District of New York
U.S. District Court for the Western District of Tennessee

Accomplishments

Special Assignments and Awards

The Order of Barristers for high achievement in appellate advocacy
Lorain County Bar Association Outstanding Service/Ethics and Grievance Committee Chair (8 terms)
The Lorain County Metropolitan Park District, Service Award for Legal Services
Lorain Metropolitan Housing Authority, Outstanding Legal Services Award

Recent Cases and Decisions

City of Westlake v. City of Cleveland, 2019 Ohio 1435 (Ohio Ct. App. 2019)
Ross County v. Chillicothe
Village of Grafton v. Rural Lorain County Water Authority (Aug. 23, 2005), 419 F.3d 562
Grobe v. Ohio Turnpike Commission, Lorain County Common Pleas Court, Case no. 04CV139723 (2006)
Brown County Rural Water Association v. Village of Georgetown, U.S. District Court, Southern District of Ohio, Case No. 1:04CV017
The City of East Liverpool v. Buckeye Water District, et al., Columbiana County Common Pleas Court, Case No. 05CV502
Steubenville v. Jefferson County Water and Sewer District, Jefferson County Common Pleas Court, Case No. 02CV370
Steubenville v. Village of Wintersville, Jefferson County Common Pleas Court, Case No. 04CV00178
City of Wadsworth v. Yannerilla, et al., 9th Appellate District, Case No. 06CA0019

Lectures/Seminars/Publications

1926(b) Litigation and Predatory Tactics of Municipalities and Counties (Annual Convention Ohio Rural Water Association)
“Legal Liability in the Workplace” national symposium Minneapolis, Minnesota (U.S. Department of Health and Human Services, Region Six); New Orleans (HHS, National Convention); and, Las Vegas, Nevada (National Health and Fitness Association Convention)
Lecture: numerous in-service seminars for management on the subject of “Preparing for Litigation before Litigation Starts”
Lecture: “The Art and Skill of Cross-examination” numerous seminars
Seminar Speaker: Ohio Rural Water Association Annual Convention 2001 – 2007
Seminar Speaker/Panel Member: Kansas Rural Water Association Annual Convention, Wichita, Kansas, 2006: 1926(b) litigation
Seminar Speaker/Panel Member: National Rural Water Association National Convention, Dallas, Texas, 2006: 1926(b) litigation
Seminar Speaker: National Rural Water Association National Convention, Philadelphia, Pa. 2007: 1926(b) litigation, cases and strategies
Co-author of the nationally published “AACCA Cheerleading Safety Manual” (UCA Publications, 1997) on the subject of tort liability and exposure, used and endorsed by the American Association of Cheerleading Coaches & Advisors
Author, Summary Judgment in Ohio, Ohio Bar Association Seminar Series

Dennis resides in Vermilion, Ohio and maintains an active role as a lector and Eucharistic minister with his church and community hospital. He is chairman of the board of Kendal Northern Ohio, the parent company of Kendal at Oberlin, a continuing care retirement community and Kendal at Home, which provides at-home services to seniors.