Timothy J. Fitzgerald's Profile Image

Timothy J. Fitzgerald

Contact

Direct: 216-452-5344
Fax: 216-916-4369

Education

  • Cleveland State University, Cleveland Marshall College of Law (J.D. 1989, Dean’s List, Order of the Barrister, Moot Court Board of Governors)
  • Marquette University (B.S. 1986)

Bar Admissions

  • Ohio, 1989
  • U.S.D.C. Arizona
  • U.S.D.C. N.D. Ohio
  • U.S.D.C. S.D. Ohio
  • U.S.C.A. 2nd Circuit
  • U.S.C.A. 3rd Circuit
  • U.S.C.A. 5th Circuit
  • U.S.C.A. 6th Circuit
  • U.S.C.A. 7th Circuit
  • U.S. Supreme Court

Tim 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 as well as appeals before Ohio's intermediate courts of appeals, the Supreme Court of Ohio, United States Courts of Appeals and the Supreme Court of the United States. Tim 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.

Tim 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. He has been involved as appellate counsel in over 200 appeals during his 20 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.

Tim 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.

View Tim's Representative Cases

Practice Areas

Appellate Practice

Financial Services

Out-of-Network Defense

Litigation

Honors

  • Ohio Super Lawyers, Cincinnati Magazine, Appellate Practice, 2004, 2005, 2009 - 2016
  • AV® Pre-eminent™ rating by Martindale-Hubbell
  • 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

Professional

  • 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, 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