Gregory V. Mersol

Partner

Cleveland
T 216.861.7935  |  F 216.696.0740

"He approaches cases cerebrally, analytically, and tactically, with an eye toward procedural defenses; his work is consistently excellent."

— Chambers USA 2013

Greg Mersol focuses on the resolution of class action and other complex employment disputes. He defends class action litigation on a wide variety of issues across the country. He is a frequent speaker and writer on issues involving class actions and the defense of class action disputes. He has been certified as an employment law specialist by the Ohio State Bar Association and has been designated a Master Bencher by the Cleveland Employment Inn of Court. In 2013, he was named by U.S. News & World Report as the "Lawyer of the Year" in Cleveland Employment Law, representing employers. Greg has been described by Chambers & Partners as a "brilliant trial lawyer" and praised for his "total unflappability" in high exposure cases.

Greg is a frequent speaker and writer on a wide range of employment topics and litigation. His recent presentations have included discussions on electronic discovery, employment class actions, employer defense strategy, and Internet use by employees. His writings include articles on class action litigation and related ethical issues, electronic discovery, and a book chapter on affirmative defenses in employment actions. In addition, Greg serves as the editor and a contributor for BakerHostetler’s Employment Class Action Blog, providing commentary on developments in employment class actions and litigation trends impacting employers.

Select Experience

  • Greg has defended employers in class actions in state and federal courts on topics that include wage and hour disputes; independent contractor classification issues; race, sex, and age discrimination; public accommodations; constitutional claims; and employee benefits.
  • Has consulted extensively with employers on electronic discovery and retention issues, evaluation of electronic document retention protocols, retrieval of electronic data, document holds and the use, preservation, and production of electronic data in litigation.
  • Has assisted employers in termination and restructuring efforts, including preparation and coordination of separation pay plans, severance agreements, WARN Act compliance and related issues.
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Experience

  • Greg has defended employers in class actions in state and federal courts on topics that include wage and hour disputes; independent contractor classification issues; race, sex, and age discrimination; public accommodations; constitutional claims; and employee benefits.
  • Has consulted extensively with employers on electronic discovery and retention issues, evaluation of electronic document retention protocols, retrieval of electronic data, document holds and the use, preservation, and production of electronic data in litigation.
  • Has assisted employers in termination and restructuring efforts, including preparation and coordination of separation pay plans, severance agreements, WARN Act compliance and related issues.
  • Has tried cases throughout the state and federal court systems on both class and individual claims and on matters ranging from age, race, and disability discrimination to breach of contract, benefits disputes, and ERISA.
  • Has regularly argued cases before the state and federal courts of appeal. 
  • He has obtained successful results for employers in the insurance, transportation, technology, retail, energy, manufacturing, and financial services industries, as well as others.
Reported Decisions
  • Van Pamel v. TRW Vehicle Safety Systems, Inc., _F.3d_ (6th Cir. 2013). 
  • UAW v. Kelsey-Hayes Co., 192 L.R.R.M. (BNA) 2677 (E.D. Mich. 2011). 
  • Schreiber v. Philips Display Components Co., 692 F. Supp. 2d 747 (E.D. Mich. 2010), aff'd, _F.3d_ (6th Cir. 2012). 
  • Harps v. TRW Automotive, 47 EBC Cases (BNA) 2846 (6th Cir. 2009). 
  • Heffelfinger v. Electronic Data Systems Corp., 580 F. Supp. 2d 933 (C.D. Cal. 2008). 
  • Tenney v. General Electric Co., 118 Ohio St. 3d 197, 887 N.E.2d 349 (2008). 
  • Dudich v. United Auto Workers Local Union No. 1250, 454 F. Supp. 2d 668 (N.D. Ohio 2006). 
  • Watson v. Cleveland Municipal Sch. Dist., 36 EBC Cases (BNA) 1177 (N.D. Ohio 2005). 
  • Spohn v. Bristol-Myers Squibb Co. Ret. Income Plan, 33 EBC Cases (BNA) 1411 (N.D. Ohio 2004). 
  • Risner v. Shopko Stores, Inc., 325 F. Supp. 2d 825 (N.D. Ohio 2004). 
  • Rodgers v. Norfolk Southern Corp., 304 F. Supp. 2d 961 (S.D. Ohio 2003). 
  • Palacio v. Progressive Ins. Co., 244 F. Supp. 2d 1040 (C.D. Cal. 2002). 
  • Jaeger v. Matrix Essentials, Inc., 236 F. Supp. 2d 815, 29 EBC Cases (BNA) 1042 (N.D. Ohio 2002). 
  • Weirauch v. Sprint Retirement Pension Plan, 182 F. Supp. 2d 638 (N.D. Ohio 2002). 
  • Camp v. Progressive Corp., 8 WH Cases (BNA) 477 (E.D. La. 2002). 
  • Ullmo v. Gilmour Academy, 273 F.3d 671 (6th Cir. 2001). 
  • Chapman v. The Higbee Co., 256 F.3d 416 (6th Cir. 2001), vacated for rehearing en banc, 270 F.3d 297 (6th Cir. 2001). 
  • McCormick v. Kmart Distribution Ctr., 163 F. Supp. 2d 807 (N.D. Ohio 2001). 
  • Dingle v. Union City Chair Co., 134 F. Supp. 2d 441, 16 IER Cases (BNA) 60 (E.D. Pa. 2000). 
  • Lovas v. Huntington Nat’l Bank, 215 F.3d 1326 [table] (6th Cir. 2000). 
  • Steppe v. Kmart Stores, 136 Ohio App. 3d 454, 737 N.E.2d 58 (1999). 
  • Smoot v. United Transportation Union, 991 F. Supp. 913 (N.D. Ohio 1998). 
  • Cowin v. Lutheran Hosp., 8 AD Cases (BNA) 472 (N.D. Ohio 1998). 
  • State ex rel. Warren Newspapers, Inc. v. Court of Jurisdiction, 80 Ohio St. 3d 261, 685 N.E.2d 1223 (1997). 
  • Biggs v. North Cent. Tel. Co., 75 FEP Cases (BNA) 617 (S.D. Ohio 1997). 
  • O’Neill v. St. Luke’s Med. Ctr., 13 IER Cases (BNA) 534 (Ohio App. 1996). 
  • Kent v. United of Omaha Life Ins. Co., 96 F.3d 803 (6th Cir. 1996). 
  • Schlett v. Avco Financial Services, 950 F. Supp. 823 (N.D. Ohio 1996). 
  • State ex rel. Warren Newspapers, Inc. v. Hutson, 70 Ohio St. 3d 619, 640 N.E.2d 174 (1994). 
  • Reese v. Kmart Corp., 10 IER Cases (BNA) 202 (N.D. Ohio 1994). 
  • Radikovich v. The Higbee Co., 9 IER Cases (BNA) 1850 (Ohio App. 1994). 
  • Henegar v. Banta, 27 F.3d 223 (6th Cir.), cert. denied, 513 U.S. 1057 (1994). 
  • Cooke v. Norfolk & Western Railway Co., 143 LRRM Cases (BNA) 2591 (N.D. Ohio 1993). 
  • Cromwell v. Equicor-Equitable HCA Corp., 944 F.2d 1272 (6th Cir. 1991). 
  • Henegar v. Banta, 817 F. Supp. 668 (N.D. Ohio 1993). 
  • International Longshoremen’s Ass’n v. Norfolk Southern Co., 927 F.2d 900 (6th Cir. 1991), cert. denied, 502 U.S. 813 (1991). 
  • Aldrete v. Foxboro Co., 49 Ohio App. 3d 81, 550 N.E.2d 208 (1988). 
  • Cox v. Radiology Consulting Assocs. Inc., 658 F. Supp. 264 (W.D. Pa.), aff’d, 835 F.2d 282 (3d Cir. 1987). 
  • Hess v. United Tel. Co. of Ohio, 40 FEP Cases (BNA) 1487, 40 EPD (CCH) ¶ 136, 190 (N.D. Ohio 1986). 
  • Mendenhall v. City of Akron, 2008-Ohio-270 (Ohio Supreme Court 2008) (amicus curiae). 
  • Elek v. Huntington Nat’l Bank, 60 Ohio St. 3d 135 (1991) (amicus curiae).

Recognitions

  • Mersol, Gregory VChambers USA: Labor & Employment in Ohio (2003 to 2014)
  • The Best Lawyers in America© (2006 to 2015)
    • Cleveland: Employment Law – Management
      • Best Lawyers® 2013 "Lawyer of the Year"
    • Cleveland: Labor Law – Management
    • Cleveland: Litigation – Labor & Employment
  • Martindale-Hubbell: AV Preeminent
  • Ohio State Bar Association: Certified Specialist in Labor and Employment Law
  • Ohio "Super Lawyer" (2004 to 2014)

Memberships

  • Master Bencher, Cleveland Employment Inn of Court. 
  • American Bar Association, Member of Labor & Employment Law and Torts and Insurance Practices Sections (Employer-Employee Relations Committee). 
  • Ohio State Bar Association, Member of Labor & Employment Law Section. 
  • Cleveland Metropolitan Bar Association, Fellow, Member of Labor & Employment Law Section. 
  • The Federalist Society. 
  • Ohio Management Lawyers Association, Charter Member.

Blog Articles

Community

  • Women’s Philanthropic Union—Trustee 
  • Friendly Inn Settlement, Inc.—Trustee

Services

Emerging Issues

Admissions

  • U.S. Supreme Court, 1992
  • U.S. Court of Appeals, Second Circuit, 2014
  • U.S. Court of Appeals, Third Circuit, 1987
  • U.S. Court of Appeals, Sixth Circuit, 1986
  • U.S. Court of Appeals, Eighth Circuit, 1986
  • U.S. Court of Appeals, Ninth Circuit, 2008
  • U.S. District Court, Northern District of Illinois, 2013
  • U.S. District Court, Eastern District of Wisconsin, 2012
  • U.S. District Court, Eastern District of Michigan, 2007
  • U.S. District Court, Northern District of Indiana, 2003
  • U.S. District Court, District of North Dakota, 1999
  • U.S. District Court, Southern District of Ohio, 1988
  • U.S. District Court, Northern District of Ohio, 1986
  • Ohio, 1985

Education

  • J.D., Case Western Reserve University School of Law, 1985,  magna cum laude, Order of the Coif, 1985; Research Editor (1984-85) and Associate Editor (1983-84), Case Western Reserve University Law Review
  • B.A., Case Western Reserve University, 1982

Blog

In The Blogs

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Employment Class Action Blog
Seventh Circuit Rejects Attorney Fee Award Premised on Administrative Costs
By Gregory V. Mersol
October 7, 2014
As we’ve commented before, class actions frequently take on a life of their own. They involve large sums of money, frequently raise difficult discovery and case management issues, and are subject to surprises for all the litigants. At the...
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Employment Class Action Blog
Third Circuit Affirms Dismissal of Class Allegations for Vague Pleading
By Gregory V. Mersol
September 17, 2014
 “’Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe.” Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were...
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Employment Class Action Blog
Court Rejects Pseudo-Expert Reports and Refuses to Certify Off-the-Clock Case
By Gregory V. Mersol
August 15, 2014
Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be resolved on a class-wide basis.  A recent case from the District of Maryland, Faust v. Comcast...
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Employment Class Action Blog
Second Circuit Finds Auditors Exempt and Endorses Limits on Class Discovery
By Gregory V. Mersol
July 28, 2014
While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are still infrequent enough to warrant comment.  In Pippins v. KPMG, Case No. 13-889-cv (July...
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Employment Class Action Blog
Interns Win One, Lose One, In Having Misclassification Cases Conditionally Certified In New York
By Gregory V. Mersol
June 18, 2014
There has been a great deal of coverage involving litigation by interns against various media and entertainment companies in New York.  We won’t recount the many articles, blogs, and discussions about this issue.  If you need a quick...
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