Gregory V. Mersol

Partner

Cleveland
T +1.216.861.7935
F +1.216.696.0740

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

— Chambers USA 2013

Overview

Greg Mersol's practice focuses on the resolution of complex disputes arising in the workplace, including large scale, class action, and collective action litigation. He has been responsible for cases involving a panoply of issues ranging from ERISA disputes; to state and federal wage and hour claims; age, sex, race and disability discrimination actions; and litigation arising out of claimed breaches of collective bargaining agreements. Greg has litigated multiple nationwide class and collective actions, and has handled cases in the state or federal courts across the country. He has also successfully handled appeals throughout the circuit courts and to the Ohio Supreme Court.

Greg is a frequent speaker and writer on class action, discovery and employment topics. He has presented on areas such as employment class action, class action ethics, electronic discovery and employer defense strategy. His writings include articles on class action litigation, ethics in employment class actions, LGBT rights and obligations, and wage and hour disputes 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 affecting employers. Greg has been certified as an Employment Law Specialist by the Ohio State Bar Association and has been designated as a Master Bencher by the Cleveland Employment Inn of Court. He has been recognized in Chambers since 2003, which has praised him as a "brilliant trial lawyer" with "total unflappability" in high exposure cases. He has been listed Best Lawyers in America since 2006, noted for his work on behalf of management, in labor and employment, and under ERISA. He was named a lawyer of the year in Cleveland Employment Law - Management in 2013 and Cleveland Labor Law – Management in 2017.

Select Experience

  • 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, Worker Adjustment and Retraining Notification Act compliance, and related issues.
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Experience

  • 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, Worker Adjustment and Retraining Notification 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 the Employee Retirement Income Security Act (ERISA).
  • Has regularly argued cases before state and federal courts of appeal. 
  • Has obtained successful results for employers in the insurance, transportation, technology, retail, energy, manufacturing and financial services industries, among 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 and Memberships

Recognitions

  • Chambers USA: Labor & Employment in Ohio (2003 to 2017)
  • The Best Lawyers in America© 
    • Cleveland: Employment Law – Management (2006 to 2017)
      • Best Lawyers® 2013 "Lawyer of the Year"
    • Cleveland: Labor Law – Management (2006 to 2017)
      • Best Lawyers® 2017 "Lawyer of the Year"
    • Cleveland: Litigation – Labor & Employment (2006 to 2017)
    • Cleveland: Litigation – ERISA (2016, 2017)
  • Martindale-Hubbell: AV Preeminent
  • Ohio State Bar Association: Certified Specialist in Labor and Employment Law
  • Ohio "Super Lawyer" (2004 to 2017)

Memberships

  • Master Bencher, Cleveland Employment Inn of Court
  • American Bar Association
  • 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

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, District of Colorado, 2015
  • 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
Court Dismisses California Class Action Due to Limited California Nexus
By Gregory V. Mersol
April 20, 2017
It is no secret that California is a desired and favorable forum for class action litigation. It is therefore not surprising that plaintiffs might try to take advantage of that forum even when the connection between employment and...
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Employment Class Action Blog
Chipotle Wins One, Loses One, in Wage and Hour Class Litigation
By Gregory V. Mersol
April 3, 2017
A Tale of Two Cases . . . We’ve commented on numerous occasions about the peculiar paths taken by wage and hour class litigation, particularly with respect to collective actions under the FLSA. Two cases involving the same employer decided...
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Employment Class Action Blog
Court Decertifies Class Challenging Timekeeping Practices
By Gregory V. Mersol
February 27, 2017
Yogi Berra often has been quoted for the phrase “It ain’t over till it’s over,” and Lenny Kravitz even made a hit song of it in 1991. While no one will likely ever make a popular song out of Rule 23, the phrase applies just as well to...
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Employment Class Action Blog
Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge
By Gregory V. Mersol
February 22, 2017
Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an employee contends...
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Class Action Lawsuit Defense
Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel
By Gregory V. Mersol
February 1, 2017
Fed. R. Civ. P. 23(a)(4) requires that the representative parties – the class representatives and their counsel – will adequately protect the interest of the class. Relatively few class-action decisions turn on the adequacy of class...
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