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David C. Tryon

p +1 216.443.2560
f +1 216.443.9011
  • 950 Main Avenue
    Suite 500
    Cleveland, OH 44113

Contact Information

David is a partner in Porter Wright’s Litigation Department. For more than 30 years, he has handled a broad range of complex civil disputes in federal and state courts throughout the United States. He has tried many cases as lead counsel. David has successfully represented clients in disputes involving:
  • Contract claims, tortious interference with business relations, partnership disputes and shareholder disputes
  • Construction disputes, complex real estate disputes, real estate partitions and eminent domain
  • Fraud and misrepresentation
  • Workouts, forbearance agreements, complex foreclosures and receiverships
  • Intellectual property including patent infringement, copyright infringement, trademark, trade dress, non-compete and Lanham Act
  • Vexatious litigators
  • Oil and gas rights
  • U.S. and Ohio constitutional issues
  • Eminent domain
  • Hotel and restaurant disputes 

David has appeared in federal and state courts in eight states and has appeared before many appellate courts in the state of Ohio including the Sixth Circuit Court of Appeals. He has also been before the Ohio Supreme Court. David has handled nearly all types of court proceedings, including temporary restraining orders in commercial cases, preliminary injunction hearings, bench trials, jury trials, appeals and bankruptcy proceedings.

Representative matters:
Business Torts

  • Obtained defense verdict in $28 million law suit against a security systems company in a fire case.
  • Defended international company in product liability and indemnity case arising out of a worker’s death.
  • Obtained favorable verdict in a $52 million law suit against major automobile manufacturer.
  • Successfully defended shareholder in splitting off from locksmith business to form competing company.
  • Effectively defended employer in wrongful death claim.
  • Defeated negligent interference with business relations claim based on allegations of mis-publishing 800 number of another company

Contract and Construction Disputes

  • Successfully adjudicated multimillion dollar dispute with company’s insurer in premium dispute litigation.
  • Obtained full recovery on construction delay damages claim in Cleveland, Ohio.
  • Negotiated multimillion dollar settlement on major reconstruction of fire-damaged manufacturing complex.
  • Negotiated partition on behalf of several family members of large milk-farm before suit was filed.
  • Forced construction company to pay for environmental remediation in major road construction project lawsuit.
  • Profitable resolution of shareholder dispute of large construction company.

Constitutional Law Cases

  • Obtained ruling from the Ohio Supreme Court that Section 4 of Article 1 of the Ohio Constitution is a Fundamental Constitutional Right.
  • Represented two major trade organizations before the Ohio Supreme Court in declaring the then current eminent domain law to be unconstitutional.
  • Represented plaintiffs before the United States Supreme Court in upholding school vouchers in the case of Simmons-Harris v. Zelman.

Financial Institutions

  • Recovered $23 million in banking litigation, which was litigated in two district courts in two states, before two Circuit Courts of Appeals and in Bankruptcy Court.
  • Had opposing party declared to be a vexatious litigator to stop ongoing frivolous litigation claims against bank.
  • Obtained appointment of Receiver to ultimately sell multi-million dollar property in foreclosure action.
  • Negotiated forbearance agreement on multimillion dollar nursing home loan.

Real Estate

  • Favorable multimillion dollar resolution of lease dispute where lessee claimed lease was invalid.
  • Favorable resolution for tenant-client where lessor claimed breach and lessee claimed right to terminate.
  • Successfully represented lessor in complex lease dispute and eviction.
  • Successfully enforced lease easement obligations in oil and gas lease.
  • Represented lender in dispute over oil and gas rights and valuation of same. 

Intellectual Property

  • Stopped a competing restaurant from using trade dress owned by a popular restaurant chain.
  • Prevented disclosure of confidential information, which an international corporation sought to protect from use by a group of former employees.
  • Enjoined large competitor from using company trade secrets.
  • Successfully rebutted charges of patent infringement claims made in federal court against an international health care products manufacturer.
  • Prosecuted claims in Court of International Trade to change tariff charges in favor of client.
  • Trademark infringement case on a vanity number, a similar version of which is being used by a competitor.
  • Represented software developer in copyright lawsuit; resolved through sale of software.
  • Successfully represented multiple companies in non-compete cases.
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