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Ray C. Freudiger

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RCFreudiger@mdwcg.com

Portrait of Ray C. Freudiger

Ray Freudiger is a highly experienced litigator, having represented and defended clients in over 100 bench and jury trials in the state and Federal courts of Ohio. He has spent his career defending businesses and public entity clients in a wide variety of professional and general liability claims and suits brought against them. 

As a member of the firm’s Professional Liability Department, Ray has experience defending school districts in a wide array of matters including allegations of wrongful termination and discrimination and has knowledge of Special Education laws needed to appear in due process hearings before independent hearing officers. He also defends employers against allegations of discrimination based on race, gender, ethnicity and/or national origin. He represents these clients before the Ohio Civil Rights Commission, the EEOC, and in the federal and state courts. Ray additionally defends insurance agents and brokers, amusement park operators, real estate brokers & agents, architects, engineers, surveyors and homeowners associations in errors & omissions claims. Since joining the firm, he has had 11 jury trials, 10 of which resulted in a defense verdict and the other verdict substantially less than the pretrial offer. 

Ray has defended clients before administrative agencies such as in the Ohio Division of Real Estate, Ohio Civil Rights Commission, and Department of Urban Development (HUD). He also regularly conducts seminars for real estate brokers and their agents on real estate law issues, as part of their continuing education requirements and to help them to avoid litigation. Prior to attending law school, Ray obtained his property and casualty insurance license, which has served him well in representing clients in insurance coverage and bad faith matters.
 

    • University of Cincinnati College of Law (J.D., 1991)
    • University of Cincinnati (B.B.A., 1982)
    • Ohio, 1991
    • U.S. District Court Southern District of Ohio, 1993
    • U.S. Court of Appeals 6th Circuit, 2017
    • U.S. District Court Northern District of Ohio, 2018
    • Supreme Court of the United States, 2019
    • Cincinnati Bar Association
    • Ohio State Bar Association, Education Law Committee
    • Dayton Bar Association, Civil Trial Practice Committee
    • Ohio Association of Civil Trial Attorneys, Alternative Dispute Resolution Committee
    • DRI (Defense Research Institute)
    • Education Law Association
    • An Overview of Commercial Auto Insurance in Pennsylvania & Ohio, Marshall Dennehey Client Presentation, January 26, 2021
    • Risk Management Best Practices for Engineers, Client Presentation, January 25, 2018
    • Secured a decision from the United States Sixth Circuit Court of Appeals, which affirmed a jury verdict in favor of our client, a housing authority in Ohio.  After written Briefing and oral argument, The Sixth Circuit affirmed the jury verdict in which the Appellant developer failed to prove that the Housing Authority discriminated against it (in violation of ADA and FHA) by refusing to apply to HUD for VASH vouchers on behalf of the developer. The developer failed to prove it asked the housing authority for VASH on behalf of disabled persons, the request was not reasonable, and the request was not necessary to enable disabled persons to enjoy their residents as non-disabled persons could.
    • Secured dismissal on behalf of our client, an insurance agency in Hamilton County, Ohio. The plaintiff entity alleged that it suffered monetary damages by having to pay for claims made against its California employees. It alleged the agency failed to obtain Employment Practices Liability insurance for the company’s California employees. In our Motion to Dismiss, Ray successfully argued that the “economic loss doctrine” barred all claims against the agency. 
    • Successfully argued in Motion for Summary Judgment that Plaintiffs' claims were precluded by law because the general grant of immunity pursuant to R.C. §2744.01 applied to them as a political subdivision and no exception to immunity existed. Plaintiffs, a minor student and parent, filed suit against the school district, school board, supervising teacher, and principal alleging they were negligent when an afterschool science project (through the STEM program) caught fire causing burn injuries to the student. This included the exception that allows for negligence claims when there is a physical defect within or on the grounds of the entity.  Further, the individual employees were also granted immunity because they were acting in their official capacities and thus the same analysis afforded to the school applied to the individuals. The Judge ultimately granted our Motion and dismissed Plaintiffs' claims.  
    • Obtained dismissal of an Ohio insurance agent who was sued by a condominium association.  The allegation was that the insurance agent inappropriately and unlawfully inserted himself into the insurance company’s investigation and tortuously interfered with the contract that resulted in the insurance company paying far less than the $1.3 million in damages alleged by the condominium association.  After taking depositions of the individuals from the condominium association, the insurance company, and defending his client’s deposition, Ray convinced Plaintiff’s attorney to dismiss all claims against the insurance agent.
    • Obtained a summary judgement in a slip and fall matter involving a liquor store, where the plaintiff slipped and fractured her wrist upon stepping into the store on May 18, 2018. Heavy rain that evening allegedly caused water to be blown inside, which Field claimed as the cause of her fall. A wet floor sign was present, but she did not see it. We argued that the rainwater was an open and obvious condition, which under Ohio law, they had no duty to warn against. The court, citing similar cases, agreed, noting that a property owner is generally not liable for injuries from open and obvious conditions like rainwater. As Field failed to establish that the defendants breached their duty of care, the court granted summary judgment in favor of the defendants.
    • Obtained a summary judgement for a general contractor insured by our client. Plaintiff was working for his employer at a fracking site when he was struck in the head by a hose that came off an above-ground storage tank. He sustained serious and permanent injuries. Plaintiff claimed the general contractor was liable for his injuries because it actively participated on the work site and controlled the unsafe condition which caused his injuries. We moved for summary judgment arguing that the general contractor relinquished complete control over the site to a sub-contractor and, thus, it had no control over any unsafe condition which caused the Plaintiff’s injuries. The trial court agreed and granted summary judgment in favor of our client.
    • Secured significant victory in wrongful death commercial liability action at both trial and appellate court levels in suit involving death of 18-year old woman who was struck and killed by a commercial truck that was backing up an access ramp to deliver product at a grain receiving facility at the same time the woman traversed onto the ramp.
    • Obtained a defense verdict in a jury trial where the case involved a rear end car accident. The plaintiff alleged serious and permanent injury, and while our client admitted fault, their contention was that the impact was of a minimal nature. The plaintiff incurred over $69,000 in medical expenses after the accident, and made a settlement demand of $200,000. The plaintiff rejected our nominal offer to settle the case before trial. Through the use of medical expert testimony, the defense contended that plaintiff's treatment was fueled by her subjective complaints, but there was no objective evidence of injury. The jury ruled in favor of the defendant.
    • Obtained a summary judgment on behalf of an insurance agent and the insurance agency. The agent and agency helped a business procure property and liability insurance on its business. A fire loss occurred and the insured discovered that it did not have business interruption coverage. It sued the agent and the agency for negligence, breach of contract and estoppel in failing to procure business interruption coverage for the insured. We convinced the Court that an insurance agent only has a duty to seek coverage which has been requested by the insured. Although the agent reassured the insured the day after the fire that the insured had business interruption coverage, the fact that this statement was incorrect, there is no evidence of any reliance by the insured, any reliance would have been unreasonable and unforeseen and the insured would have know that the agent's statements were incorrect if it had looked at the policy in its possession.
    • Successfully defended EEOC Charge of Discrimination brought against charter school client for alleged disability discrimination and failure to provide reasonable accommodation in violation of the Americans With Disabilities Act, as well of claims of FMLA interference and retaliation, resulting in finding of No Probable Cause in favor of employer.
    • Obtained summary judgment on behalf of insurance agency and insurance agent clients in insurance agent/broker professional liability action involving alleged failure to procure business interruption coverage for insured's start-up restaurant, which subsequently sustained uncovered fire loss.
    • Obtained summary judgment on behalf of one of nation’s largest grocery store chains in significant federal rights action that received considerable media attention venued in federal court in Cincinnati involving unruly patron and patron's right to open carry weapon on private premises.
    • Secured dispositive dismissal on behalf of national insurance carrier in breach of contract and bad faith action involving residential fire that occurred at insureds' residence. In addition, as a result of in-depth investigation and discovery in civil suit, insureds were charged with and pled guilty to crimes of arson and insurance fraud.

Results

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Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Summary Judgment Secured in a Design Defect Case

We won summary judgment on behalf of a company that provided software for the overall design of roof trusses in a design defect case. The plaintiff owned the apartment complex being built and hired Turnbull Wahlert to construct the building. 84 Lumber was subcontracted by Turnbull to build and install the roof trusses. 84 Lumber contracted with our client to use its software for the design of the roof trusses and to provide truss connect plate hangers. The building experienced severe water damage allegedly because the roof trusses were not sloped properly and the HVAC units were misplaced on the roof. Damages were estimated at over $1.2 million. 84 Lumber demanded that our client defend and indemnify it against Turnbull’s allegations. The court granted our motion for summary judgment.

Thought Leadership

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Legal Updates for Real Estate E&O Liability

New Ohio Law Targets Real Estate Wholesaling Practices

May 7, 2026

Effective March 2, 2026, the Ohio Department of Commerce Division of Real Estate and Professional Licensing (REPL) now requires real estate wholesalers to clearly disclose their intention and business model when contracting with a property owner and seller.  This was part of Ohio Senate Bill 155, which passed unanimously in the Ohio Senate in June 2025, and was signed into law by Governor Mike DeWine on December 1, 2025.  Real estate wholesalers serve as intermediaries in property transactions. They enter into a purchase agreement with a seller with no intent to buy the property themselves. Instead, they assign the contract to another buyer or investor at a higher price or charge a fee, typically 5% to 10% of the sale price, to earn a profit. The REPL, in partnership with the Ohio Department of Aging (ODA), and Ohio District 5 Area Agency on Aging in Richland issued a Consumer Alert in March 2025, on wholesalers, citing a rise in unsolicited real estate offers targeting older Ohio homeowners, often offering complex financial arrangements that include hidden risks, leaving older homeowners financially vulnerable. Under this new legislation, real estate wholesalers in Ohio are required to disclose their status to sellers or property owners and clarify that they do not represent the seller in the transaction. The law mandates that this disclosure be made through a clear and conspicuous written statement informing the seller that the individual is acting as a wholesaler. This disclosure must also be separate from the purchase contract or agreement between the parties and must be printed in bold type with a font size of at least 12 points. In the event a wholesaler fails to provide proper notice to the seller, the seller may cancel the purchase contract at any time before the close of escrow without penalty, giving the wholesaler 30 days to return any earnest money or deposits to the seller. Wholesalers who do not clearly disclose their role or properly inform the seller may also face disciplinary action from the Ohio Superintendent of Real Estate. This can include penalties such as suspension or revocation of their real estate license, as well as potential civil liability, monetary damages, and responsibility for attorneys’ fees.

Legal Updates for Special Education Law

Ohio Law Does Not Conflict with the Individuals with Disabilities in Education Act

April 1, 2025

The Ohio Department of Education and Workforce (DEW) oversees Ohio’s implementation of the Individuals with Disabilities in Education Act (IDEA), a federal law that entitles children with disabilities to a free appropriate public education (FAPE). In a recent lawsuit, DEW argued that a state court lacked subject matter jurisdiction over an IDEA claim because the state’s administrate code conflicted with the IDEA and, therefore, was preempted by federal law. State ex rel. Governing Bd. of Warren Cnty. Educational Serv. Ctr. v. Ohio Dept. of Education & Workforce, 2024-Ohio-6061 (12th Dist.). The specific conflict advanced by DEW was that the IDEA complaint procedure applied to any “public agency, while Adm.Code 3301-51-05(K)(5) and (6) is more circumscribed by applying only to a disabled child's ‘school district of residence.’ ” At the trial level, the court disagreed with DEW’s argument, holding that IDEA complaint procedures set forth in 34 C.F.R. 300.152 and 34 C.F.R. 300.153 and those set forth by Adm.Code 3301-51-05(K)(5) and (6) are “virtually identical,” with the exception that the C.F.R. uses the term “public agency” while the Adm.Code uses the term “school district of residence.”  The Twelfth District Court of Appeals agreed that Ohio’s complaint procedures were not in conflict with federal law. The appeal court explained that the IDEA and 34 C.F.R. 300.152 and 300.153 were crafted with general language to accommodate the variations of 50 states’ educational systems. As such, it makes sense that C.F.R. used the broad term “public agency” in the IDEA regulations. Adm.Code 3301-51-05(K)(5) and (6) do not truncate the IDEA or limit its protections; thus, they are not in conflict. In summary, the IDEA does not preempt Ohio’s administrate code regarding the procedure for filing an IDEA claim.    Legal Update for Special Education Law – April 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

Event

Pennsylvania Appellate Update 2025-2026

On August 21, 2026, Casey will serve as a panelist for the live webcast program, “Pennsylvania Appellate Update 2025-2026” presented by the Appellate Advocacy Committee of the Pennsylvania Bar Association and Pennsylvania Bar Institute. The program is divided into three parts—Criminal, Civil, and Administrative. Casey will serve as a panelist for the Civil portion, along with Christina McKinley of Blank Rome, Ben Baer of Injury Law Partners, John Masslon of Keller Postman, Jonathan Bruno of Bruno Litigation LLC, and moderator, Ezza Ahmed of Buchanan Ingersoll.  Registration and more information: https://www.pbi.org/product/pennsylvania-appellate-update-2025-2026/

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Thought Leadership

A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims

Kimberly and Seth, shareholders in the Insurance Services Practice in our Fort Lauderdale office, break down the Florida Supreme Court's decision in 'Trace Elements v. MacKensen' and what it means for property insurance claims in the state. Read the article here.

Thought Leadership

Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight

In a significant decision issued on February 25, 2026, the First District Court of Appeal (DCA) ruled in Publix Super Markets, Inc., et al. v. Department of Financial Services, et al., 430 So. 3d 252 (Fla. 1st DCA 2026), that while injured workers have an absolute right to choose their own pharmacy or pharmacist, that right does not extend to physicians who dispense medications directly to their patients.  Read Blake's article in Insurance Journal: https://www.insurancejournal.com/news/southeast/2026/08/05/880229.htm. 

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent