Timothy J. Fitzgerald

Location:
Cleveland, Ohio
Phone:
216-539-7714
800-391-5127
Fax:
216-916-4369
Email:

Timothy J. Fitzgerald joined the firm as a member in 2013. His practice focuses on sophisticated commercial and business litigation in Ohio's state and federal trial courts and appeals before Ohio's intermediate courts of appeals, Supreme Court of Ohio, United States Courts of Appeals and the Supreme Court of the United States. Mr. Fitzgerald was one of the first attorneys in Ohio to be certified by the Ohio State Bar Association as an Appellate Law Specialist and was appointed in 2010 to serve as one of the twelve members on the OSBA's Appellate Law Specialty Board which oversees the testing and certification of attorneys in Ohio as appellate specialists. He has represented businesses, insurance carriers, and individuals in complex civil and commercial litigation and is a frequent lecturer and author on appellate practice, legal ethics, and professionalism.

Mr. Fitzgerald has tried numerous jury and non-jury trials in state and federal courts. He has handled court cases involving securities laws, attorney and accountant malpractice, professional licensure and disciplinary actions, Uniform Commercial Code, contracts, lender liability, fraud and breach of fiduciary duty, intellectual property, civil RICO, corporate law, partnership law, employment law and wrongful discharge, insurance coverage disputes and bad faith, and civil and business tort actions. His impressive appellate practice covers every aspect of the appellate process from providing advice on pre-appeal issue identification, briefing strategies and preserving the record during trial to briefing and presenting oral arguments before state and federal appellate courts. Mr. Fitzgerald has been involved as appellate counsel in over 200 appeals during his 23 plus year career and he has successfully argued several cases before the Supreme Court of Ohio that resulted in merit opinions. He has also been engaged to author a number of amicus curiae briefs in appeals in the Supreme Court of Ohio.

Mr. Fitzgerald is a Fellow in the Litigation Counsel of America, an invitation-only trial and appellate lawyer honorary society whose membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers. He is a Co-Founder of the American Institute of Appellate Practice, a professional institute formed under the auspices of the LCA.

Areas of Practice

  • 50% Appellate
  • 50% Commercial Litigation

Certified Legal Specialties

  • Appellate Law, Ohio State Bar Association, 2008

Bar Admissions

  • Ohio, 1989
  • U.S. Supreme Court, 2007
  • U.S. Court of Appeals 2nd Circuit, 2005
  • U.S. Court of Appeals 3rd Circuit, 2008
  • U.S. Court of Appeals 5th Circuit, 2004
  • U.S. Court of Appeals 6th Circuit, 1990
  • U.S. Court of Appeals 7th Circuit, 2005
  • U.S. District Court Northern District of Ohio, 1990
  • U.S. District Court Southern District of Ohio, 2008
  • U.S. District Court District of Arizona, 1997

Education

  • Cleveland State University, Cleveland-Marshall College of Law, Cleveland, Ohio
    • J.D. - 1989
    • Honors: Dean's List
    • Honors: Honorary Fraternity: Order of the Barrister
    • Honors: Moot Court Board of Governors (1987–1989, chairman 1988–1989)
  • Marquette University, Milwaukee, Wisconsin
    • B.S. - 1986
    • Major: Finance and Management Information Systems
    • Minor: History

Representative Cases

Honors and Awards

  • Litigation Counsel of America, Fellow
  • Ohio State Bar Association’s Appellate Law Specialty Board, (June 2008–present, Vice-Chair: Jan. 2013–present)
  • Sixth Circuit Judicial Conference, Life Member
  • Judicial Conference of the Eighth Judicial District, Life Member
  • Ohio Super Lawyer, Cincinnati Magazine, Appellate Practice, 2004, 2005, 2009–2016
  • AV® Pre-eminent™ rating by Martindale-Hubbell

Professional Associations and Memberships

  • American Bar Association (Judicial Division’s Appellate Judges Conference and Council of Appellate Lawyers; Litigation Section - Appellate Practice Committee, Ethics & Professionalism Committee, and Trial Practice Committee)
  • American Institute of Appellate Practice (Co-Founder; Chair of Practice Development)
  • Ohio State Bar Association (Litigation Section and Appellate Practice Committee)
  • Cleveland Metropolitan Bar Association (Certified Grievance Committee’s Trial Committee: 1994 – present; Ethics & Professionalism Committee: 1996 – present, Chair – 2002–2003; Vice-Chair – 2001–2002; Appellate Courts Committee of the Litigation Section: 2005–present)
  • Defense Research Institute (Appellate Advocacy Committee)
  • William K. Thomas American Inns of Court, Barrister (2009–2012)
  • Ohio Association of Civil Trial Attorneys (Appellate Advocacy Section, Amicus Curiae author)
  • The Lawyers Guild of the Catholic Diocese of Cleveland

Past Employment Positions

  • Gallagher Sharp, Associate Attorney, 1989–1999; Partner, 1999–2013; Appellate Practice Group Manager, 2002–2013

Pro Bono Activities

  • Mr. Fitzgerald has been appointed to handle and argue several pro bono appeals before Ohio’s appellate courts.