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 his practice on the resolution of class action and other complex employment disputes. 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

  • Assists employers in matters ranging from class action litigation and management, restructuring and novel issues, to other difficult employment-related disputes. He has defended employers in class actions on topics such as wage and hour disputes in state and federal courts, 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 the litigation context.
  • 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

  • Assists employers in matters ranging from class action litigation and management, restructuring and novel issues, to other difficult employment-related disputes. He has defended employers in class actions on topics such as wage and hour disputes in state and federal courts, 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 the litigation context.
  • 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 entitlement, disability, and other benefits.
  • Has regularly argued cases before the state and federal courts of appeal. He has obtained successful results for employers in the energy, insurance, transportation, technology, retail, manufacturing, and financial services industries, as well as others.
  • Actively involved in alternative dispute resolution procedures and serves on the panel of Mediators for the United States District Court for the Northern District of Ohio.
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, Management Co-Chair, Sub-Committee on Ethics in Employment Class Actions. 
  • 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.

Community

  • Great Lakes Theater Festival—Trustee 
  • Women’s Philanthropic Union—Trustee 
  • Friendly Inn Settlement, Inc.—Trustee

Services

Emerging Issues

Admissions

  • U.S. Supreme Court, 1992
  • 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, 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
California District Court Rejects FLSA Settlement Due to 78% Fee Award
By Gregory V. Mersol
December 18, 2013
Posted by Greg Mersol . . . but is the problem the courts’ use of percentages? Without settlements, class action litigation would likely grind the work of our nation’s courts to a halt.  One impediment, however, to settlement in many...
Read More ->
Employment Class Action Blog
Sixth Circuit Affirms Summary Judgment For Employer In Retiree Health Care Class Action
By Gregory V. Mersol
September 28, 2012
We’ve commented in this blog before about the Sixth Circuit’s holdings regarding retiree healthcare under collective bargaining agreements...
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Employment Class Action Blog
California District Court Rejects 33% Attorney Fee Award in Class Action Wage and Hour Case Under Common Fund Theory; Finds 25% Appropriate
By Gregory V. Mersol
July 17, 2012
One of the primary catalysts for class action litigation both in the employment context and outside of it is the availability of attorney’s fees...
Read More ->
Employment Class Action Blog
Texas Court Dismisses EEOC Pattern or Practice Claim
By Gregory V. Mersol
June 15, 2012
This blog relates to a highly technical and, in some respects, dry material, so let’s try to avoid getting overly legalistic...
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Employment Class Action Blog
California Supreme Court Decides Brinker
By Gregory V. Mersol
April 12, 2012
“We will decide no case before its time.” Alright, that’s not really the California Supreme Court’s motto, but it certainly did take its time deciding the Brinker case...
Read More ->