Pierre H. Bergeron is the chair of the firm’s Appellate & Supreme Court Practice Group. Mr. Bergeron formerly clerked for The Honorable David A. Nelson of the Sixth Circuit Court of Appeals, and is a frequent author and speaker on appellate practice. Mr. Bergeron was a contributing author to the Sixth Circuit Practice Manual and published articles on appellate practice in Emory Law Journal and Tennessee Law Review. He is also the director of the Appellate Litigation Clinic at the University of Cincinnati and has taught appellate practice and procedure.

Mr. Bergeron has significant US Supreme Court experience. He argued a case under the Individuals with Disabilities Education Act before the Court in 2007 and served as co-counsel on a Federal Arbitration Act case decided by the Court in 2006.

Mr. Bergeron also has played a lead role in certiorari petitions and oppositions including a recent successful opposition to a CERCLA case in which the Third Circuit overturned a multimillion-dollar judgment and an Eleventh Circuit case in which the court vacated a foreign antisuit injunction. He also led the amicus efforts in a case before the Court concerning federal jurisdiction under the Federal Arbitration Act.

In addition to his Supreme Court practice, Mr. Bergeron handles a variety of appellate matters across the country. He is currently handling cases in several federal circuits and state appellate courts including the defense of a more than US$30 million judgment in an unfair competition and defamation case. He was also recently retained to lead the postjudgment and appellate proceedings for two separate adverse multimillion-dollar jury verdicts in products liability cases. He has argued numerous times before the federal appellate courts, the Ohio Supreme Court and the Ohio Courts of Appeals.

Beyond his appellate practice, Mr. Bergeron regularly handles complex civil litigation matters including international and cross-border litigation. Mr. Bergeron is currently leading an arbitration proceeding in Germany, recently prevailed in US litigation related to proceedings in Costa Rica and he prevailed on a motion to dismiss in a New York federal court based on Korean law for a Korea-based financial institution.

Mr. Bergeron has substantial experience in class actions and arbitration matters, and he also regularly represents nonprofit institutions in important litigation. He led the litigation and negotiation efforts that helped recover nearly US$500 million in charitable assets for a nonprofit institution. He also represents a diocese in litigation against former parishes regarding ownership of parish property.

Mr. Bergeron was selected for inclusion in the 2009 edition of Ohio Super Lawyers‑Rising Stars, a distinction that recognizes lawyers under the age of 40 or those in practice for 10 years or less. He is also listed as a future star in Ohio by Benchmark: Litigation.

Representative Experience

Appellate

• Obtaining vacatur of foreign antisuit injunction by Eleventh Circuit that had prevented a Costa Rica-based client from proceeding with litigation in Costa Rica.
• Obtaining affirmance by the Second Circuit of the dismissal of a securities and common law fraud claim on behalf of a Korea-based bank in litigation arising from the collapse of a Belgium-based company.
• Obtaining mandamus relief from the Sixth Circuit that overturned a district court decision compelling county prosecutors to testify over privilege objections.
• Obtaining reversal by the Sixth Circuit of an order denying motions to compel arbitration in a case involving allegations of securities broker fraud.
• Defending successfully a mandamus action before the Ohio Court of Appeals in a public records act case regarding records of an Ohio port authority.
• Obtaining affirmance of an order denying a motion to disqualify counsel in bankruptcy proceedings in Enron-related litigation.

Trial Level 

• Representing a nonprofit hospital, prevailed after a five week trial with a determination that the hospital was entitled to leave the health care system of which it was a member and that the system had breached fiduciary duties to the hospital.
• Moving successfully to compel arbitration of putative class actions brought by consumers in North Carolina state court and in Ohio federal court against financial institutions.
• Achieving summary judgment before an Ohio state court on behalf of a hedge fund sued by a former investor for breach of fiduciary duty and fraud; the decision was affirmed on appeal.
• Representing the plaintiffs in Ohio federal court, survived dispositive motions in a breach of contract and breach of fiduciary duty case and successfully negotiated a settlement over US$1 million.

Pro Bono Experience

• Succeeding in a 4-3 decision before the Ohio Supreme Court in a case in which the Court held that “cash only” bonds were unconstitutional under Ohio’s constitution.
• Securing reversal of a felony conviction before the Sixth Circuit based on a Confrontation Clause violation.
• Obtaining reversal of a sentence enhancement before the Sixth Circuit in a felony gun possession case; the decision immediately freed the client.
• Coordinating appellate strategy in a case in which DNA evidence discovered after filing the appeal led to complete exoneration of a client and vacatur of a life sentence for a murder conviction.