Michael K. Farrell

Partner

Cleveland
T +1.216.861.7694
F +1.216.696.0740

Overview

With the main focus of his practice in the class action arena, Michael Farrell has significant experience as lead counsel in the defense of class actions, probate and fiduciary litigation, media-related litigation and the defense and prosecution of complex commercial litigation.

Throughout his career, Michael has defended clients in alleged class actions challenging insurance company claims practices; billing practices within the telecommunications and car rental industries; products liability; fax advertising; and defamation, invasion of privacy and related claims against print and electronic media outlets. Michael also has significant experience defending and prosecuting claims involving fiduciaries.

Select Experience

  • Represented a manufacturer in two putative nationwide class actions in which plaintiffs assert, inter alia, claims for breach of express and implied warranties and state-law misrepresentation and failure to disclose theories based on alleged defects in vinyl siding manufactured and sold by defendants. Harney v. Associated Materials, LLC, et al. and Luckey v. Associated Materials, LLC, et al.
  • Twice successfully argued the appeal of class certification before the Ohio Supreme Court and obtained a reversal of trial and an appellate court certification of class. Stammco, LLC v. United Telephone of Ohio.
  • Obtained a reversal of a class certification in Ohio Supreme Court. Cullen v. State Farm Mutual Insurance Corporation.
  • Obtained and affirmed a denial of class certification in trial and appellate courts. Augustus v. The Progressive Corporation.
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Experience

  • Represented a manufacturer in two putative nationwide class actions in which plaintiffs assert, inter alia, claims for breach of express and implied warranties and state-law misrepresentation and failure to disclose theories based on alleged defects in vinyl siding manufactured and sold by defendants. Harney v. Associated Materials, LLC, et al. and Luckey v. Associated Materials, LLC, et al.
  • Twice successfully argued the appeal of class certification before the Ohio Supreme Court and obtained a reversal of trial and an appellate court certification of class. Stammco, LLC v. United Telephone of Ohio.
  • Obtained a reversal of a class certification in Ohio Supreme Court. Cullen v. State Farm Mutual Insurance Corporation.
  • Has represented multiple beneficiaries and fiduciaries in litigation involving disputes over disposition of trust property, the duties and obligations of fiduciaries, and related issues.
  • Represented numerous media defendants through discovery and obtained summary judgments in their favor. Reese v. WOIO, Morris v. WOIO, Roth v. WOIO, Sikora v. Plain Dealer Publishing Co.
  • Represented a newspaper in a putative class action challenging delivery methods. Obtained summary judgment dismissing the claims and affirmance on appeal. Reddy v. Plain Dealer Publishing Co.

Recognitions and Memberships

Recognitions

  • Martindale-Hubbell: AV Preeminent

Memberships

  • American Bar Association
  • Cleveland Metropolitan Bar Association: Certified Grievance Committee

Admissions

  • U.S. Court of Appeals, Fourth Circuit, 1997
  • U.S. Court of Appeals, Sixth Circuit, 2000
  • U.S. District Court, Northern District of Ohio, 1988
  • Ohio, 1988

Education

  • J.D., Case Western Reserve University School of Law, 1988, magna cum laude
  • B.A., Miami University, 1984

Blog

In The Blogs

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Class Action Lawsuit Defense
Eleventh Circuit Stands Firm – No Incentive Awards for Class Representatives
By Kamran B. Ahmadian
August 12, 2022
Nearly two years after it issued its initial decision in Johnson v. NPAS Sols., LLC, in which it held incentive awards for class representatives to be per se unlawful, the United States Court of Appeals for the Eleventh Circuit denied a...
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Class Action Lawsuit Defense
Florida Requires Concrete Injury For Standing - Class Action Defense
By Joel Griswold
July 14, 2022
On July 13, 2022, the Florida District Court of Appeal for the Fourth District affirmed an order dismissing a putative class action filed under the federal Fair and Accurate Credit Transactions Act (FACTA) for lack of standing. Southam v...
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Class Action Lawsuit Defense
The Demand Curve Problem for UCL Class Actions
By Brian A. Troyer
June 1, 2022
A recent opinion from a California federal court, Mier v. CVS Pharmacy, Inc. et al., No. 8:20-cv-01979-DOC-ADS, slip op. (C.D. Cal. May 9, 2022),touches on an aspect of econometric modeling that class action defense counsel should...
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Class Action Lawsuit Defense
BakerHostetler Releases Insurance Class Action Update
By Mark A. Johnson
May 19, 2022
The Class Action Defense team released its Insurance Quarterly Report covering the fourth quarter of 2021 and the first quarter of 2022. Included in the report are updates and analyses about property and casualty class action lawsuits...
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Class Action Lawsuit Defense
The U.S. Supreme Court Agrees to Hear Case Regarding Whether State Business Registration Requirements Can Create General Personal Jurisdiction
By Ali I. Haque
May 3, 2022
The U.S. Supreme Court has agreed to consider whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction as a condition to doing business in the state...
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