Matthew T. Fitzsimmons

Matthew T. Fitzsimmons

Member
fitzsimmons@nicola.com
Phone: (216) 621-7227

Matt Fitzsimmons practices in the areas of general civil and complex/commercial trial and appellate litigation, including business and commercial litigation, employment-related litigation, products liability, Uniform Commercial Code, real estate tax (ad valorem) litigation, and health care law. Mr. Fitzsimmons has substantial experience in all state and federal appellate courts. He receives many referrals from Cleveland's largest law firms, and frequently serves as local counsel for major out-of-state firms. He was selected as a 2010 Ohio Super Lawyer in business and commercial litigation.

Principal Practice Areas

  • Complex Litigation
  • Business and Commercial Litigation
  • Employment Litigation
  • Products Liability Litigation
  • Health Care Law
  • Ad Valorem Property Tax Litigation
  • Non-Profit Organizations

Representative Experience

  • General Commercial and Business/Complex Litigation and Disputes (contract litigation, non-compete agreements, trade secrets, shareholder disputes, dealer terminations, and the like).
  • Employment-related litigation and counseling (wrongful discharge, state and federal sexual harassment and discrimination claims, preparation of employee handbooks).
  • Represents property owners in real estate tax litigation at the County Board of Revision, Ohio Board of Tax Appeals, and Ohio Supreme Court to have their property taxes reduced, and to prevent increases in their property taxes when school boards seek to have property values increased. Has obtained numerous significant reductions in the fair market value of commercial and industrial properties, including several seven-figure tax refunds for clients.
  • Represented a major steel company in a number of Adversary Proceedings and prosecuted 643 Preference Actions in the U.S. Bankruptcy Court for the Northern District of Ohio, which yielded significant recoveries for the bankruptcy estate.
  • Has represented numerous pharmaceutical and consumer product manufacturers in product liability litigation, including Merck & Co., Inc., Pharmacia & Upjohn, Carter Wallace, Johnson & Johnson, Scott Fetzer Co., and Hamilton Beach/Proctor-Silex, Inc.
  • Has handled numerous employment and commercial cases for major corporations and financial institutions including Wells Fargo Bank, N.A., JPMorgan Chase, IBM, LTV Steel, L'Oreal USA, Inc., Huntsman Corp., Premier Farnell Corp., and Bridgestone/Firestone.
  • Represents professional athletes and agents in player-agent contract disputes and related litigation.

Representative Cases

  • Victory Sports Management, Ltd. v. Leandro Barbosa, Case No. CV-09-689732, Court of Common Pleas, Cuyahoga County, Ohio (representing NBA player in contract dispute with former agent)
  • Bikkani v. Lee, 2008-Ohio-3130, 2008 WL 2536983 (8th Dist. 2008) (Ohio R. Civ. P. 11 and R.C. 2323.51, Ohio's frivolous conduct statute)
  • IMG v. Stuart Appleby, Case No. 1:06-CV-1231, U.S.D.C., Northern District of Ohio (representing PGA touring pro in contract dispute with agent)
  • Evergreen Sports, Inc. V. Bill A. Duffy, et al., Case No. 1:03-CV-787, U.S.D.C., Northern District of Ohio (representing NBA agent in dispute over representation rights for NBA player)
  • Miller v. Premier Industrial Corp., 136 Ohio App.3d 662 (8th Dist. 2000) (affirming summary judgment in age/disability discrimination claim)
  • Soberay Machine & Equipment Co. v. MRF Ltd., Inc., 181 F.3d 759 (6th Cir. 1999) (Fed. R. Civ. P. 19, international contract dispute)
  • Sutkowski v. Eli Lilly & Co. , 82 Ohio St.3d 347 (1998) (representing Merck & Co., Inc. in case rejecting pharmaceutical market share liability)
  • Bd. of Ed. of the Worthington City School District v. Bd. of Revision of Franklin County, 85 Ohio St.3d (1999) (real estate tax litigation)
  • Kurczi v. Eli Lilly & Co., 160 F.R.D. 667 (N.D. Ohio 1995) (representing Merck & Co., Inc. in defeating motion for class certification in pharmaceutical product liability claim)
  • Gries Sports Enterprises, Inc. v. Modell, 15 Ohio St. 2d 284 (1984) (conflict of laws/ shareholder voting agreement)
  • Columbus Bd. of Ed. v. JC Penny Properties, Inc. , 11 Ohio St. 3d 203 (1984) (real estate tax litigation)
  • OCLC Online Computer Library Center, Inc. v. Kinney, 11 Ohio St.3d 198 (1984) (real estate tax litigation)
  • Columbus Bd. of Ed. v. Fountain Square Associates, Ltd. , 9 Ohio St.3d 218 (1984)
  • Wauseon v. Badenhop, 9 Ohio St.3d 152 (1984) (criminal law; court-appointed appellate counsel by Supreme Court of Ohio)
  • Perotti v. Ferguson, 7 Ohio St.3d 1 (1983) (Ohio R. Civ. P. 41)
  • St. Clair Builders v.Aetna Cas. & Sur. Co., 81 Ohio App.3d 675 (8th Dist. 1992) (construction litigation)
  • Total Health Care Plan, Inc. v. Tracy, BTA Case No. 94-J-38 (February 24, 1995) (successfully obtained a real estate tax exemption for an HMO's headquarters)

Career/Educational Background

Professional and Civic Activities

Lexis Nexis

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