Cavitch, Familo, Durkin & Frutkin
Timothy Warner is a litigation partner whose practice consists primarily of complex commercial and business litigation (including contract, product liability, construction, trade secret, non-competition, and mechanics’ lien litigation), complex ERISA related litigation, employment litigation and probate litigation. A growing portion of Mr. Warner’s practice involves class action litigation and Federal multidistrict litigation.Mr. Warner recently served as the Chairman of the Litigation Section of the Cleveland Bar Association and has been recognized as one of “Ohio’s Super Lawyers.” Mr. Warner previously served as a law clerk with the Honorable Alice M. Batchelder of the United States Court of Appeals for the Sixth Circuit. As a result of his commitment to represent his clients wherever he is needed, Mr. Warner has had the opportunity to represent clients in the courts of Ohio, California, Delaware, Iowa, Maryland, Michigan, North Carolina, New York, New Jersey, Pennsylvania, South Carolina, Texas and Washington. Mr. Warner has handled complex business, commercial and employment related cases for a diverse group of clients, including, A-Brite Plating Company, American Greetings Corporation, Anthem, Blue Cross and Blue Shield of Illinois, Blue Cross and Blue Shield of Michigan, BlueCross BlueShield of Kansas City, Blue Cross and Blue Shield of Nebraska, Bridgestone Firestone Diversified Products, the Cleveland Cavaliers and the Cavaliers Operating Company, CompUSA Stores, Driftwood Hospitality Management, Ferro, Figgie International, Flight Options, Inc. and Flight Options, LLC, Konica Minolta Business Solutions U.S.A., NCS Healthcare, RMS Management Company, Royal & Sun Alliance, Snorkel International, Uhrden, Universal Polymer and Rubber, Westlake Reed Leskosky, Warning Model Management and a number of other businesses and individuals.Recently, Mr. Warner handled multiple ERISA related cases in Federal and state court for a number of Blue Cross entities, including an alleged class action case involving ERISA, the Federal Class Action Fairness Act (“CAFA”) and the Health Insurance Portability and Accountability Act (“HIPAA”).With a strong background in product liability litigation, Mr. Warner has handled complex product liability cases for A-Brite Plating Company, Figgie International, Konica Minolta Business Solutions U.S.A., Snorkel International, Uhrden and other entities. The matters involved an assortment of products including copiers, hydraulic dumpers, metal plating, printers and scissor lifts. Mr. Warner has also handled asbestos, Dalkon Shield and other mass tort matters.In addition, Mr. Warner represents architects and contractors in all aspects of construction litigation, subpoenas, depositions and mechanics’ lien issues, including mediations and arbitrations.In the probate area, Mr. Warner has handled a number of matters, including Crile Property Inc .v. Executor of the Estate of Daniel W. Kling, Cuyahoga County Court of Common Pleas Case No. 547670; Executor of the Estate of Evelyn Lukes v. Executor of the Estate of James Lukes, Cuyahoga County Court of Common Pleas Case No. 577494; Executor of the Estate of James Lukes v. Executor of the Estate of Evelyn Lukes, Geauga County Court of Common Pleas Case No. 05 P 000859 and Executor of the Estate of Kenneth L. Cook v. Stout, Tuscarawas County Common Pleas Court Case No. 01 CV 120707, which, after trial, resulted in a judgment mandating the full recovery of assets to the estate.A graduate with honors from Indiana University of Pennsylvania and Syracuse University College of Law, Mr. Warner served as an Editor of the Syracuse University Law Review. He also previously served as an Adjunct Professor at the Cleveland Marshall College of Law and, prior to attending law school, spent four years working for Members of the United States House of Representatives. He is admitted to practice in the states of Ohio and Pennsylvania and in the United States District Court for the Northern District of Ohio, the United States District Court for the Southern District of Ohio, the United States Bankruptcy Court for the Northern District of Ohio, the United States Bankruptcy Court for the Southern District of Ohio, the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court.