- Securities Litigation
J.D., Case Western Reserve University, 1993
B.A., Villanova University, 1990
- State of Ohio, 1993
- U.S. District Court, Northern District of Ohio, 1994
- U.S. Court of Appeals, Sixth Circuit, 2005
I recognize that most of my clients would rather not be dealing with me and the burden of litigation. Part of my job is to help them navigate that experience. I also understand that, in addition to knowing the facts of a case, one must understand the client, how the lawsuit is impacting them and their desires. I take all these things into account when assessing risk, providing counsel and in developing a litigation strategy consistent with each client’s circumstances and goals.
For over twenty years Mike has defended the interests of corporate entities and individuals in civil matters. His breadth of experience allows him to handle a wide variety of claims. Over the years, he has counted among his clients automobile and boat manufacturers, attorneys, insurance agents, trucking and transportation companies, business owners, multi-national corporations and small businesses. He has handled, and continues to handle, cases in the areas of Product Liability, Lemon Law/Warranty Law, Professional Malpractice, Trucking and Transportation, Business Disputes, Commercial Litigation, Construction Design/Manufacturing Defects and in the general area of Insurance Defense.
He has extensive first chair trial experience having successfully tried many cases in numerous courts throughout the State of Ohio. In addition to several defense verdicts on behalf of clients in the automotive industry, Mike has prevailed on behalf of his clients in trials involving claims for wrongful death, amputation injuries, malicious prosecution and wrongful discharge. He has also successfully argued cases in various Ohio Appellate Courts and the Sixth Circuit Court of Appeals.
Mike serves as the co-chair of the Firm’s Product Liability Practice Group. He is a frequent presenter of continuing legal education seminars discussing the Ohio Rules of Professional Conduct and Consumer Sales Practices Act.
Professional Memberships & Community Affiliations
Erie County Bar Association
- Pelmear v. Henry County CommissionersMay 10, 2017, Summary judgment affirmed, appeal dismissed3rd Appellate Dist.
Plaintiff took out a loan for his business through a county revolving loan fund. The administrator for the loan inadvertently named the wrong debtor on the filings with the State. This misnamed debtor was another company owned by plaintiff. Plaintiff alleged damages as the result of the misfiling and also alleged that the paperwork in connection with the loan was fraudulent. Plaintiff defaulted on the loan and the County filed suit to collect on the loan and obtained judgment. The present lawsuits were filed in two separate actions by the plaintiff for damages. Court granted summary judgment on res judicata argument that the claims should have been asserted in the previous collections actions filed by the county to collect on the defaulted loan.
- Leo v. BurgeMay 5, 2017, Summary judgment affirmed, appeal dismissed6th Appellate Dist
Plaintiff was allegedly injured in a work site accident. Plaintiff named the wrong party in complaint and was advised in discovery that wrong party was named. Plaintiff dismissed suit and then refiled. However, plaintiff never preserved the statute against the real party in interest and his claim was barred by the statute of limitations.
- Grennell v. HyundaiAugust 8, 2014, Finding for Defendant on all countsFranklin
Arbitration defense of lemon law an breach of express
- Heiser v. Kia Motors America, Inc.April 2, 2014, Directed VerdictStark
Defense of breach of express and implied warranty and Consumer Sales Practices Act Claim product liability
- Matusoff v. Kia Motors AmericaApril 19, 2013, Defense VerdictMontgomery
Defense of breach of auto warranty and Lemon Law claim
- Susan and Robert Rhodes v. Kia Motors AmericaFebruary 8, 2013, Defense VerdictSummit
Defense of products liability Lemon Law case
- Northern Ohio Medical Specialists v. Gerber, M.D.December 28, 2012, Finding for Northern Ohio Medical SpecialistsLucas
Successful prosecution of employment/commercial dispute arbitration claim
- Trisha Kearns-Rader et al. v. Kia Motors AmericaNovember 30, 2012, Favorable OutcomeFranklin
Defense of property damage products warranty lemon law liability claim
- Ebner v. Sandusky Zoning Board of AppealsAugust 21, 2012, Finding For Plaintiff and Prohibiting Enforcement of Cease and Desist OrderErie
Successful prosecution of appeal of cease and desist order received by client property owner regarding newly issued ordinance on rentals
- November 22, 2010, Judgment Affirmed3rd Appellate Dist.
Plaintiffs appealed adverse trial court judgment in commercial premises liability claim
- M. Merew v. American HondaAugust 28, 2009, Plaintiff VerdictMuskingham
Defense of products liability claim of ATV purchase.
- A Lawyer’s Aspirational Ideals in Legal MalpracticeGilbride and Company CLE, Columbus, OH, November 17, 2016
- Lemon Law and Administrative Regulations Governing Motor Vehicle RepairsKia Service Managers and General Managers, Columbus, OH, October 13, 2016
- Independence, OH, July 13, 2016
- Consumer Sales Practices Act and other related consumer protection statutesGilbride Company CLE, Independence, OH, May 13, 2015
- Lemon Law, Motor Vehicle Repair Acts, and Federal Warranty Acts affecting the ConsumerGilbride Company CLE, Independence, OH, May 13, 2015
- Automotive Repairs and Avoiding the Pitfalls of the Consumer Sales Practices ActAutomotive Service Association of Ohio, Cleveland, OH, October 15, 2014
- Consumer Sales Practices Act and its Application to AttorneysGilbride & Co. CLE, Independence, OH, September 11, 2014
- Pre-Suit Negotiations in Auto, Products Liability and Warranty ClaimsSeminar, Los Angeles, CA, April 24, 2014
- The Consumer Sales Practices Act and the Ramification for Practicing AttorneysCLE - Cleveland, OH, November 15, 2013
- Professionalism and EthicsCLE - Cleveland, OH, November 13, 2013
- Professionalism and EthicsCLE - Independence, OH, July 25, 2013
- Ohio Supreme Court Update on Lawyer Professionalism and EthicsProfessional Liability Seminar - Cleveland, OH, November 11, 2011
- Product Liability LawMoen Inc. in-house seminar - North Olmsted, OH, September 1, 2011
- Attorneys CLE Seminar, October 21, 2010
- Professionalism and EthicsOctober 20, 2009
- The Automobile "Lemon Law" and the need for service documentationJune 2, 2009
- Professionalism, Gilbride & Company CLECleveland, Ohio, October 6, 2008
- The Rules of Professionalism, Northwest Attorneys CLE Network for Professionalism and EthicsToledo, Ohio, November 27, 2007
- Products Liability Practice Group Newsletter, December 16, 2016
- June 26, 2015
- Newsletter, June 6, 2014