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Print Attorney Profile Elizabeth Harvey


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									                                      Elizabeth A. Harvey

                                      AT A GLANCE

CONTACT        INFORMATION            Elizabeth concentrates in appellate and critical-motion
                                      practice. After serving as a law clerk for appellate courts in the
Cleveland Office                      states of Ohio and Michigan, and as a law clerk for an Ohio
Skylight Office Tower                 trial court, Elizabeth recognizes the importance of both
1660 West 2nd Street, Suite 1100      preserving issues for appellate review and giving judges the
Cleveland, Ohio 44113-1448            uncomplicated keys to understanding and answering complex
                                      legal questions. She draws upon her broad-based knowledge
p 216.583.7096                        of various areas of the law to provide her clients with the
f 216.583.7097                        highest quality legal service. She also serves as a member of
eharvey@ulmer.com                     the Appellate Law Specialty Certification Board of the Ohio
                                      State Bar Association, and she previously served the Supreme
                                      Court of Ohio as an appointed member of the Board of
PRACTICES / INDUSTRIES                Examiners.
 Business Litigation                  REPRESENTATIVE EXPERIENCE
 Products Liability
 Insurance Coverage                   Involved in all aspects of civil appeals before state and federal
                                      appellate courts, specializing in analysis and argument of both
                                      complex and unique legal issues.
                                      Provides guidance to trial counsel relating to preservation of
Appellate Practice                    issues and arguments for appeal.
Critical Motions
Legal Malpractice Defense             Involved in defense of state and federal general civil litigation
                                      matters, assisting in all aspects of discovery, motion practice,
                                      and trial preparation.
                                      Serves as a member of the Appellate Law Specialty
Alma College (B.A., 1983)             Certification Board through the Ohio State Bar Association,
Thomas M. Cooley Law School (J.D.,    where she ensures applicant compliance with the Gov. Bar. R.
  cum laude, 1992) Articles Editor,   XIV and the Standards for Accreditation of Specialty
  Thomas M. Cooley Law Review         Certification Programs for Lawyers and drafts questions for the
                                      Appellate Law Specialty Certification Examination.

                                      Served the Supreme Court of Ohio from 2003-2008 as an
                                      appointed member of the Board of Bar Examiners, where she
                                      drafted questions and graded answers for the written portion of
                                      the Ohio Bar Examination.

                                      Served as a Prehearing Attorney, Michigan Court of Appeals;
                                      Staff Attorney, Court of Common Pleas, Cuyahoga County,
                                      Ohio; Law Clerk, Eighth District Court of Appeals of Ohio.
Elizabeth A. Harvey

R E P R E S E N T A T I V E E X P E R I E N C E (continued)

Served as Adjunct Professor of Law, Scholarly Writing, Thomas M. Cooley Law School.


Klaus v. United Equity, Inc., 3d Dist. No. 1-07-63, 2010-Ohio-3549, upon remand, 125 Ohio St.3d
279, 2010-Ohio-1014, 927 N.E.2d 1092, rev’g 2008-Ohio-1344 (successfully defended employer-
intentional-tort action under R.C. 2745.01, after winning Ohio Supreme Court reversal of Third
District’s decision that had reversed the trial court’s grant of summary judgment in the employer’s
favor when the employee failed to demonstrate that the employer had specifically intended to cause
the employee’s injury).

First Horizon Home Loan Corp. v. Roberts, 8th Dist. No. 92367, 2010-Ohio-60 (successfully defended an appeal
on the defendant’s Truth-In-Lending Act counterclaim).

Miller v. Allstate Ins. Co., No. 08CV2660 (N.D. Ohio July 20, 2009), aff’d No. 09-4308 (6th Cir. Oct.
27, 2010) (successfully defended against an insured’s breach-of-contract and bad-faith claims where
the insurer had denied coverage under thirty-day vacancy exclusion to all-perils policy when insured
obtained coverage twenty-four days before fire destroyed condemned residential property).

Whittiker v. Deutsche Bank Nat’l Trust Co., No. 08CV300 (N.D. Ohio Mar. 17, 2009) (successfully
obtained judgment on the pleadings on behalf of a financial institution’s attorneys in FDCPA-based
putative class action brought by debtors who claimed misrepresentations in pleadings filed in state
foreclosure actions).

Congress Lake Club v. Witte, 5th Dist. No. 2007CA00191, 2008-Ohio-6799 (successfully obtained on appeal a
$1.2 million reduction of a $1.5 million judgment against a private club and in favor of a member for the
purported breach of a real-property lease).

Zafirau v. Yelsky, 8th Dist. No. 89680, 2008-Ohio-1936 (successfully defended underlying legal-malpractice
action and appeal where plaintiff had rejected settlement, fired attorney, and re-filed case with new counsel,
after plaintiff failed to produce expert opinion evidence on the standard of care and failed to show existence of
damages related to attorney’s purportedly wrongful act of suggesting that plaintiff accept generous settlement in
employment-discrimination case).

Tarquinio v. Equity Trust Co., 9th Dist. No. 06CA008913, 2007-Ohio-3305 (successfully defended underlying
action and appeal of investor’s tort and breach-of-fiduciary-duty claims against investment companies on self-
directed IRA account).

Temple v. Fence One, Inc., 8th Dist. No. 85703, 2005-Ohio-6228 (successfully defended underlying action and
appeal on a homeowner’s fraud claim asserted against a laboratory related to its chemical analysis of air
residue in plaintiff’s home and near the neighbor’s fence, which homeowner claimed emitted toxic fumes).

                                                                                                      Page 2 of 4
Elizabeth A. Harvey

R E P R E S E N T A T I V E C A S E S (Continued)

Alden v. Phifer Wire Prods., Inc., 8th Dist. No. 85064, 2005-Ohio-3014 (successfully defended underlying action
and appeal of personal-injury claim where plaintiff alleged injury from exposure to purportedly toxic compounds
emanating from window shades).

Ohio Carpenters Pension Fund v. La Centre, LLC, Nos. 8th Dist. No. 86597 & 86789, 2006-Ohio-2214
(successfully prosecuted action on cognovit note and defended debtor’s appeal on defenses to the note, the
trial court’s authority to enter judgment on the note, and debtor’s inability as a matter of law to avoid mandatory
supersedeas appeal bond to stay execution on note).

Cogswell v. Beech Brook, 11th Dist. No. 2003-G-23411, 2004-Ohio-5639 (successfully defended underlying
action and appeal based on statutory immunity for mental health organizations where plaintiff sought damages
from private, multi-service foster-care organization for injuries sustained when former foster-care resident shot

Stuffleben v. Cowden, 8th Dist. No. 82537, 2003-Ohio-6334 (successfully prosecuted appeal from order
requiring corporation’s attorneys to produce to officers/shareholder documents protected by the corporation’s
attorney-client privilege).

Beach Cliff Board of Trustees v. Ferchill, 8th Dist. No. 81327, 2003-Ohio-2300 (successfully defended against
landowner’s motion for damages for wrongful entry of a temporary restraining order and subsequent appeal on
same issue).


Appellate Law Specialty Certification Board Member, Ohio State Bar Association (2007-present)
Civil Justice Improvement Committee, Cuyahoga County Court of Common Pleas (2008-present)
Appointed to Supreme Court of Ohio Board of Bar Examiners (2003-2008)


“Footnotes and Websites: Something Else to Worry About – Or Not,” Cleveland Metropolitan Bar
Journal (June 2010)
"Center Stage: Using the Appellate Specialist to Win at Trial and on Appeal," Cleveland Metropolitan Bar
Journal (September 2009)
“Resolving Intra-district Conflicts: En Banc Proceedings and Rules for the Reporting of Opinions,” Quarterly
Review (OACTA, Spring 2008)
“Tort Reform and Toughing the Employer Intentional Tort Standard” (January 2005)

“Essay Tips for Taking the Ohio Bar Examination,” presented to Cleveland-Marshall Law students with Lee Ann
Ward, Esq., Director of Office of Bar Admissions, Supreme Court of Ohio (April 2007)

                                                                                                      Page 3 of 4
Elizabeth A. Harvey


American Bar Association (Member 2008-present, Woman Advocate Committee 2009-present)
Appellate Law Specialty Certification Board Member, Ohio State Bar Association (2007-present)
Judicial Administration and Legal Reform Committee, Ohio State Bar Association (2006-present)
Fair and Impartial Courts Committee, Litigation Section, Ohio State Bar Association (2008-present)
Appellate Courts Committee, Litigation Section, Cleveland Metropolitan Bar Association (2002-present, former
Civil Justice Improvement Committee, Cuyahoga County Court of Common Pleas (2008-present)
Scribes, The American Society of Legal Writers (2008-present)
Board of Bar Examiners, Supreme Court of Ohio (Former Member 2003-2008)
Thomas M. Cooley Board of Governors (Former Member)


Lakewood YMCA of Greater Cleveland (Advisory Board)


U.S. Supreme Court
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Northern District of Ohio
U.S. District Court, Southern District of Ohio
U.S. District Court, Western District of Michigan
State of Ohio

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