Thomas R. Lucchesi

Partner

Cleveland
T +1.216.861.7672
F +1.216.696.0740

"[Tom] is a good strategist and counselor and does not oversell his argument or our position. He gives realistic assessments of the posture of the case - a critical skill in litigation."

— Chambers USA 2015

Overview

Tom Lucchesi has more than 34 years of experience as a trial lawyer representing clients in commercial disputes. Tom also has significant experience defending attorneys against claims of professional malpractice and breach of duty. He has participated in more than 30 trials, including jury trials, and in dozens of arbitration and mediation proceedings. Tom brings seasoned judgment and a level-headed approach to complex litigation, while also aggressively defending his clients' interests.

Tom is ranked in Chambers USA: America's Leading Lawyers for Business and is listed in The Best Lawyers in America©.

Select Experience

  • Representing coal mining company in dispute with power plant owners over plant’s ability to purchase coal from other sources. Matter is pending in Montana state court and before Montana regulatory agencies.
  • Represented a coal mining company in a trial in a dispute with a natural gas pipeline company. Following a four-day trial, the jury awarded more than $5.5 million to the coal company on its claim that the pipeline impermissibly trespassed on the mining company’s property and mining rights. The matter is currently on appeal.
  • Represented health care system in a two-week jury trial in dispute with joint venture partner concerning the operation of jointly-owned hospital. The parties’ disagreements were the subject of intense local media coverage. The jury found in favor of the health care system on all substantive issues.
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Experience

  • Representing coal mining company in dispute with power plant owners over plant’s ability to purchase coal from other sources. Matter is pending in Montana state court and before Montana regulatory agencies.
  • Represented a coal mining company in a trial in a dispute with a natural gas pipeline company. Following a four-day trial, the jury awarded more than $5.5 million to the coal company on its claim that the pipeline impermissibly trespassed on the mining company’s property and mining rights. The matter is currently on appeal.
  • Represented health care system in a two-week jury trial in dispute with joint venture partner concerning the operation of jointly-owned hospital. The parties’ disagreements were the subject of intense local media coverage. The jury found in favor of the health care system on all substantive issues.
  • Represented international hotel chain in data breach class action in federal court in San Francisco. The matter was settled on favorable terms.
  • Representing a company that manages self-directed IRAs in class action pending in Ohio State court alleging breach of contract, breach of fiduciary duties and other claims arising out of fees charged and handling of IRAs.
  • Representing national bank in litigation in Massachusetts federal court against online banking software provider.
  • Defended U.K. investment management firm in case alleging firm’s breach of loan agreement.
  • Represented 50% owner of nursing home/assisted care facilities in shareholder dispute with other 50% owner over management issues.
  • Represented manufacturer of parts for supplier to nuclear reactors to be built in China in arbitrated matter where it was alleged that parts were defective and had caused more than $70 million in damage. Matter was settled favorably on a confidential basis.
  • Represented aerospace company in lawsuit in California state court arising out of purchase of business and subsequent dispute with seller over “earn-out” provisions. Seller claimed $40 million. The case was favorably settled prior to trial.
  • Represented a national charitable organization in a lawsuit brought by families of Ohio school shooting victims. Families alleged they had not received the proper amount of the donations made by the public following the shooting. The lawsuit drew national news coverage and was eventually settled on a confidential basis following court proceedings on an injunction and mediation.
  • Defended a heavy truck manufacturer in an eight-day arbitration against a terminated chain supplier, in which the supplier asserted claims for $20 million due to alleged delays and extra work.
  • Completed a two-year involvement representing the Securities Investor Protection Act Trustee in the liquidation of Bernard L. Madoff Investment Securities LLC. In that representation, managed several teams of firm attorneys and forensic experts in their investigation of Madoff's fraud. Was a member of the core strategy team that oversaw the work that led to the filing of more than 1,000 lawsuits seeking to recover funds for the Customer Fund.
  • Member of a team representing the Federal Deposit Insurance Corp. as receiver of a national bank and a federal bank in declaratory judgment actions in the Sixth Circuit Court of Appeals and the Ninth Circuit Court of Appeals regarding the disputed ownership interest in tax refunds of approximately $450 million. Both cases involve unique procedural and substantive issues regarding tax refunds.
  • For a five-year period, was part of a team of lawyers representing a national bank in a residual value insurance dispute involving one of the world's largest reinsurance organizations. Led part of the team responsible for proving the bank's losses on its portfolio of leased vehicles. Resulted in a settlement of more than $250 million.
  • Defended a national automotive finance company in a seven-day arbitration involving a $100 million claim by a third-party service provider for breach of contract and theft of trade secrets. Matter was settled on terms favorable to client.
  • Obtained final judgment in favor of a major oil company in a lawsuit brought by several Cleveland-area dealers alleging unfair wholesale pricing of gasoline. Successfully argued before the Ohio Supreme Court that Ohio law required an objective standard of good faith for open price terms under the Uniform Commercial Code.
  • Represented an individual in Ohio Federal Court in a breach of contract claim against a national operator of self-storage facilities. Following a one-week trial, the jury returned a verdict of more than $6 million against the storage facility operator.
  • Was part of a team representing a Canadian plush toy distributor in a breach of contract claim against the creators of a popular children's character. After an eight-day trial, the jury awarded the client $3.8 million.
  • As lead trial lawyer, successfully prosecuted a breach of contract claim for an environmental waste transporter. The 10-day trial resulted in a judgment of $8.1 million for the client.
  • Represented a lender in an eight-day jury trial involving defaulting borrower's claims of lender liability, improper collection practices and other tortious conduct amounting to $10 million in alleged damages.
  • Obtained an injunction that permitted travel to New Jersey to repossess, with the aid of armed guards and local police, six truckloads of fabricated steel essential to timely competition of a major construction project in downtown Cleveland.

Recognitions and Memberships

Recognitions

  • Chambers USA: Litigation: General Commercial in Ohio (2012 to 2019)
    • Band 4 (2012 to 2019)
  • The Best Lawyers in America© (2008 to Present)
    • Ohio: Commercial Litigation
  • Martindale-Hubbell: AV Preeminent
  • Ohio "Super Lawyer" (2009 to 2015, 2017 to 2018)

Admissions

  • U.S. District Court, Northern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Supreme Court
  • Ohio

Education

  • J.D., University of Michigan Law School, 1984
  • B.A., University of Michigan, 1981