Thomas H. Fusonie
Partner
Phone
614.464.8261
Fax
614.719.4886
Phone
412.904.7701
Fax
412.904.7801
Email thfusonie@vorys.com
Practice Areas
Industries
Education
- Vanderbilt University Law School, J.D., 2001
Vanderbilt Journal of Transnational Law, Student Writing Editor, 1999-2001 - Hamilton College, B.A., 1998, magna cum laude
Bar & Court Admissions
Tom is a partner and a member of the litigation practice group. His practice is focused in oil and gas litigation, eminent domain litigation, constitutional rights, fiduciary litigation, employment litigation, real property and commercial disputes. Tom also has extensive experience before the Supreme Court of Ohio with extraordinary writs of mandamus and prohibition, having successfully obtained writs or other remedies from the Supreme Court of Ohio on numerous occasions.
His notable experience includes:
- Jury verdict in eminent domain proceeding involving flooding of farmland in favor of landowner clients four times the original offer from the condemnor and obtained affirmance of jury verdict at the Court of Appeals
- Obtaining on behalf of a family farm a federal court order invalidating Toledo’s Lake Erie Bill of Rights as unconstitutional on its face
- Obtaining affirmance from U.S. Court of Appeals for the Sixth Circuit of judgment in putative class action dismissing lawsuit seeking to invalidate oil and gas leases
- Obtaining a writ of mandamus against the Director of the Ohio Department of Natural Resources vindicating Ohio farmers’ constitutional just compensation and property rights against the Director’s ongoing violation of the same
- Obtaining a writ of mandamus against the Director of the Ohio Department of Transportation vindicating a Wendy’s franchise’s constitutional just compensation and property rights against the Director’s ongoing violation of the same
- Maximizing compensation for landowner clients in various Ohio eminent domain lawsuits involving pipelines, transmission lines, road projects, bike paths and government flooding
- Jury verdict in favor of employer against former employees in a case involving misappropriation of trade secrets, breach of duty of loyalty and breach of non-compete agreement
- Vindicating farmers’ First Amendment rights by pursuing Section 1983 First Amendment retaliation claim against Director of an Ohio state agency
- Briefing and arguing cases before U.S. Court of Appeals for the Sixth Circuit, Supreme Court of Ohio and the Ohio Court of Appeals
- Obtaining dismissals of lawsuits to void or terminate oil and gas leases
- Obtaining for a landowner a unanimous stay ruling from Supreme Court stopping a trial court judge from holding proceedings in violation of Ohio’s Eminent Domain statute
- Obtaining temporary restraining orders and preliminary injunctions on behalf of companies seeking to protect their businesses from unfair competition
- Jury verdict in eminent domain proceeding involving land for a recreational trail of river frontage, farmland and development land in favor of the landowner client over five times the offer from the condemnor
- Maximizing compensation for commercial, industrial and residential properties involved in eminent domain with Pennsylvania Department of Transportation and Pennsylvania Turnpike Commission throughout Pennsylvania
- Representing various parties in claims involving estates or trusts
- Representing charitable remainder beneficiaries concerning the misappropriation of trust assets and concealment of same by a fiduciary for a charitable remainder trust
- Obtaining dismissals of employment discrimination cases in state and federal courts
Tom received his J.D. from Vanderbilt University Law School where he served as the student writing editor of the Vanderbilt Journal of Transnational Law. He received his B.A. magna cum laude from Hamilton College.
Professional and Community Activities
- Ohio Oil and Gas Association, Member
- Ohio Farm Bureau Federation, Member
- Ohio State Bar Association Agricultural Law Committee, Member
- American Agricultural Law Association, Member
- Alumni Interviewer for Vanderbilt University Law School
- Supreme Court of Ohio Lawyer to Lawyer Mentor
- St. Thomas More Society, Member
- Youth Hockey Coach
Honors & Awards
- The Best Lawyers in America, Commercial Litigation, 2016-2022
- Columbus CEO, Top Lawyers in Columbus, 2015
- Ohio Super Lawyers Rising Stars, Eminent Domain, 2013-2015
News
- 8/19/2021One hundred and sixteen lawyers from Vorys were recently selected by their peers for inclusion in the Best Lawyers in America® 2022 edition. In addition, 34 Vorys attorneys were named to the 2022 Best Lawyers in America “Ones to Watch” list.
- 3/1/2021Tom Fusonie, a partner in the Vorys Columbus office, was featured on the Our Ohio Weekly presented by the Ohio Farm Bureau.
- 1/28/2021The Ohio Supreme Court has sided with Washington County, Ohio landowners in an eminent domain case over a high-voltage transmission line. The landowners, represented by Vorys Partners Joe Miller, Tom Fusonie, John Kuhl and Dan Shuey, will now have their appeal, on whether the power company needs their land, heard in appeals court before any compensation-related trials for their property can begin.
- 8/20/2020One hundred and twelve lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in the Best Lawyers in America® 2021 edition. In addition, 26 Vorys attorneys were named to the inaugural Best Lawyers in America “Ones to Watch” list.
- 5/7/2020Tom Fusonie, a partner in the Vorys Columbus office, was quoted in an Ohio Country Journal story titled “LEBOR Dead in the Water.”
- 2/28/2020Tom Fusonie, a partner in the Vorys Columbus office, was quoted in a Toledo Blade story titled “Lake Erie Bill of Rights ruled invalid by Judge Zouhary.”
- 1/16/2020Tom Fusonie, a partner in the Columbus office, was quoted in two news stories about the Ohio Supreme Court’s decision in State ex rel. New Wen, Inc. v. Marchbanks.
- 10/30/2019Tom Fusonie, a partner in the Vorys Columbus office, was quoted in a Stateline story titled “Cities, Tribes Try a New Environmental Approach: Give Nature Rights.”
- 8/15/2019One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2020.
- 2/27/2019Tom Fusonie, partner in the Vorys Columbus office, was quoted in The Plain Dealer story about the constitutionality of the Lake Erie Bill of Rights.
- 8/15/2018One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2019.
- 1/19/2018On January 18, 2018, the Power Siting Board of Ohio issued an Opinion, Order and Certificate issuing a certificate with conditions for AEP Ohio Transmission Company’s proposed Macksburg-Devola 138 kV Transmission Line Project.
- 1/19/2018On January 18, 2018, the Power Siting Board of Ohio issued an Opinion, Order and Certificate issuing a certificate with conditions for AEP Ohio Transmission Company’s
- 8/18/2017On August 17, 2017, the Power Siting Board of Ohio issued an opinion, order and certificate issuing a certificate with conditions for AEP Ohio Transmission Company’s proposed Herlan-Blue Racer 138 kV Transmission Line Project.
- 8/18/2017On August 17, 2017, the Power Siting Board of Ohio issued an opinion, order and certificate issuing a certificate with conditions for AEP Ohio Transmission Company’s proposed Lamping-Rouse 138 kV Transmission Line Project.
- 8/17/2017One hundred and eight lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2018.
- 6/29/2017On June 6, 2017, the Ohio Power Siting Board held a hearing on AEP Ohio Transmission Company’s application as to its proposed new right of way, Lamping-Rouse 138 Kilovolt Transmission Line Project, which is proposed for 4.7 to 4.8 miles in southwestern Monroe County.
- 6/2/2017On May 31, 2017, the Staff of the Power Siting Board issued a Report of Investigation recommending Duke Energy Ohio, Inc.’s application for certificate of environmental compatibility and public need for the C314V Central Corridor Pipeline Extension Project with certain conditions that Duke Energy must meet.
- 5/5/2017On May 4, 2017, the Ohio Power Siting Board issued an opinion, order and conditional certificates for AEP Ohio Transmission Company for two electric transmission line projects in Harrison and Tuscarawas Counties
- 3/9/2017On March 3, 2017, the Power Siting Board informed Duke Energy Ohio, Inc. that it has received sufficient information to begin its review of Duke Energy Ohio’s application for certificate of environmental compatibility and public need for the C314V Central Corridor Pipeline Extension Project.
- 2/3/2017On February 2, 2017, the Ohio Power Siting Board issued an opinion, order and certificate approving, with conditions, AEP Ohio Transmission Company, Inc.’s South Caldwell-Macksburg 138 kV transmission line project.
- 1/30/2017On January 20, 2017, Duke Energy Ohio, Inc. filed an amended application for certificate of environmental compatibility and public need for the C314V Central Corridor Pipeline Extension Project with the Power Siting Board.
- 1/24/2017On January 23, 2017, Columbia Gas Transmission, LLC filed a lawsuit in the United States District Court for the Southern District of Ohio in Columbus seeking to condemn property rights across numerous tracts of private property
- 1/19/2017On January 19, 2017, AEP Ohio Transmission Company filed a certificate application for electric transmission and gas facilities with the Ohio Power Siting Board concerning a new proposed transmission line project in Monroe County.
- 12/1/2016On November 30, 2016, the Federal Energy Regulatory Commission (FERC) issued its Final Environmental Impact Statement for the NEXUS Gas Transmission Project.
- 11/29/2016On November 17, 2016, AEP Ohio Transmission Company filed a pre-application notification letter with the Ohio Power Siting Board concerning a new proposed transmission line project in Washington County.
- 10/24/2016There are a number of applications for proposed electric transmission line projects throughout Ohio pending before the Ohio Power Siting Board.
- 8/15/2016One-hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2017.
- 8/17/2015One-hundred and eighteen lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2016.
- 2/13/2015The Federal Energy Regulatory Commission (FERC) is proceeding with its environmental impact assessment of Columbia Gas’ proposed Leach Xpress Project in Ohio and West Virginia.
- 12/3/2014Vorys is pleased to announce that 74 attorneys from the firm have been named 2015 Ohio Super Lawyers and Rising Stars.
- 6/4/2014Thomas Fusonie, a partner in the Vorys Columbus office, was quoted in a Daily Standard story about a Ohio Third District Court of Appeals decision that ordered the Ohio Department of Natural Resources to deposit money into accounts for landowners to cover the costs of flooding damage to the landowners’ properties.
- 12/4/2013Eighty-one attorneys from Vorys, Sater, Seymour and Pease LLP have been named 2014 Ohio Super Lawyers and Rising Stars. 57 Vorys attorneys were named 2014 Ohio Super Lawyer and 24 Vorys attorneys were named 2014 Ohio Rising Stars.
- 12/17/2012Seventy-Seven attorneys from Vorys, Sater, Seymour and Pease have been named 2013 Ohio Super Lawyers and Rising Stars.
- 1/4/2012Vorys announced that David A. Froling, Thomas H. Fusonie, Jolie N. Havens, Rodney A. Holaday, Jill S. Tangeman and Thomas R. Trotter have been named partners of the firm.
- 8/1/2011Tom Fusonie, an associate in the firm’s Columbus office, was quoted in a Celina Daily Standard story about a case going to the Ohio Supreme Court involving Grand Lake’s West Bank spillway.
Events
- May 17-18, 2018Vorys attorneys Tom Fusonie and Joe Miller presented at the Eminent Domain Institute’s Ohio conference on Friday, May, 18, 2018 in Columbus
- 3/9/2018On March 9, 2018 Vorys attorneys Tom Fusonie, Tony Ehler, Greg Russell, and Mitch Tobias spoke at the Ohio Oil & Gas Association Winter Meeting 2018.
- 5/14/2015Vorys attorneys Ryan Elliott, Tom Fusonie, Pete Lusenhop and Tim McGranor were speakers at the Shale Drilling Disputes and Litigation Seminar on May, 14 2015, hosted by HalfMoon Education.
Insights
- 6/25/2021On June 23, 2021, the Supreme Court of the United States delivered a decision championing property rights that may have an impact on numerous fronts.
- 5/28/2021If your agricultural business operates a retail or wholesale website, you could be susceptible to the recent wave of “website accessibility” class action lawsuits being brought under the Americans with Disabilities Act (ADA).
- 5/14/2021Farmers are rapidly adopting precision farming techniques because they generate a treasure trove of valuable data to help guide farmers on how to optimize their farming.
- 4/6/2021On March 22, 2021 the Supreme Court of the United States heard oral arguments in Cedar Point Nursery v. Hassid, a case that could have significant impacts in the areas of agricultural, eminent domain, and labor law. At issue is whether a state regulation that requires an owner to grant access to others over their private property some, but not all of the time, will always constitute a taking (in legal terms, is it a per se taking?).
- 11/24/2020On November 20, 2020, the Court of Appeals of Ohio, Second Appellate District, affirmed a judgment upholding a stop work order of a “Wedding Barn” on appellant’s property that appellant asserted had primarily been used for agriculture since 2003.
- 4/23/2020The new Presidential Proclamation does not apply to nonimmigrant temporary workers including agricultural workers who enter the U.S. on the H-2A Temporary Agricultural Worker Program.
- 4/22/2020On April 21, 2020, the Ohio Supreme Court (the Court) ruled that the primary use of a barn, rented out for various social events, including weddings, was to facilitate the sale of wine cultivated and produced on the land.
- 3/27/2020
- 12/26/2018Every five years, Congress passes legislation that sets national agriculture, nutrition, conservation, and forestry policy. Significantly, the Farm Bill contains various provisions that will impact the agriculture industry.
- 11/27/2018Vorys attorneys Tom Fusonie, Dan Shuey and Andrew Guran co-authored an article for Farm and Dairy titled “Nuisance Lawsuits May Threaten Livestock Farmers.”
- 9/25/2018Under the federal Fair Labor Standards Act (FLSA), employees who are covered by the act’s overtime provisions must receive overtime pay for hours worked over 40 in a workweek at a rate of not less than time and one-half their regular rate of pay.
- 8/1/2018Vorys attorneys Tom Fusonie, Suzanne Galyardt, and Jeff Miller co-authored an article for Ohio Farmer titled “Considerations When Faced With Eminent Domain.”
- 6/13/2018A newly filed collective action in Ohio federal court against an oil and gas company highlights the importance of wage-hour law compliance and the potential ramifications for failing to do so.
- 12/27/2017Tom Fusonie and Dan Shuey, attorneys in the Vorys Columbus office, co-authored an article for Franchising World titled “Four Questions to Consider When Construction Impacts Your Business.”
- 12/14/2017The ten-year anniversary of the last significant reform to Ohio’s eminent domain law presents an opportunity to revisit and reexamine the use of eminent domain law and its impact on Ohio’s farmers.
- 11/6/2017Flooding often is caused by natural disasters. But unfortunately, past flood events have also been caused or worsened by federal, state and local governments’ actions or inactions.
- 3/22/2016On March 4, 2016, the Ohio Seventh District Court of Appeals in Summitcrest, Inc. v. Eric Petroleum Corp., et al., addressed several issues concerning oil and gas leases in Ohio.
- 12/15/2015Tom Fusonie, a partner in the Vorys Columbus office and a member of the litigation group, authored an article for Ohio Farmer on the government’s use of eminent domain.
- 11/2/2015On October 26, 2015, the Ohio Fifth District Court of Appeals in K and D Farms, Ltd, et al. v. EnerVest Operating, L.L.C., et al. addressed several issues concerning oil and gas leases in Ohio.
- 8/24/2015Recently, the U.S. District Court for the Western District of Pennsylvania granted preliminary approval to a $6 million class and collective action settlement between Calfrac Well Services Corp. and a class of about 1,300 fracturing, cement, and coil operators. The plaintiffs worked as field operators in Pennsylvania, Colorado, North Dakota, and Arkansas and were paid according to a complicated formula that included a salary, bonuses, and overtime. The case centered on how the operators’ regular rate of pay (the rate which provides the basis for the time-and-a-half overtime premium) should be calculated.
- 7/20/2015A recent opinion from the federal district court for the Middle District of Pennsylvania determined that drivers who transported water to drilling rigs were not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) or Pennsylvania law.
- 4/8/2015The U.S. Department of Labor (DOL) recently announced the results of a 2014 enforcement initiative that focused on the oil and gas industry in New Mexico and west Texas. According to the DOL, it recovered more than $1.3 million owed to some 1,300 employees as a result of this investigation. This is not the first DOL foray into wage-and-hour practices within the oil and gas industry. In December 2014, the DOL announced that employers engaged in natural gas extraction in the Marcellus Shale region of Pennsylvania and West Virginia agreed to pay $4,498,547 in back wages to 5,310 employees.
- 12/4/2014The use of independent contractors in the oil and gas industry is typical and its advantages are obvious. However, decisions about when and how to use independent contractors might be made without full consideration of potential problems or the ever-looming and potentially significant risks of misclassification.
- 10/1/2013Thomas Fusonie, a partner in the Vorys Columbus office and a member of the litigation group, authored an article for Vorys Shale Report Titled "Road Projects, Eminent Domain And Oil And Gas Operations."