Photo of Craig A. Marvinney

Professional Experience

Craig has his first chair trial practice in all aspects of jury and bench litigation, appellate practice, and administrative hearings, mediations and arbitrations with his focus on:

  • Business, Commercial and Complex Litigation;
  • Pharmaceutical and Medical Device Litigation;
  • Intellectual Property Litigation;
  • Product Liability Litigation;
  • Insurance Catastrophic Loss and Extra - Contractual Liability;
  • Insurance Coverage, Excess Insurance and Re - Insurance Litigation; and
  • Alternative Dispute Resolution
Craig has his first chair trial practice in all aspects of jury and bench litigation, appellate practice, and administrative hearings, mediations and arbitrations.

Representative Matters

  • Coordinating Ohio Counsel for pharmaceutical and medical device concerns regarding product liability and Multi-District Litigation issues including notably Phenyl-Propanolamine (PPA), Psyllium, Nicorette, Ephedra, Cardiac Pacemakers, Defibrillators, Blood Vessel Filters, and Vaginal Mesh Implants (1986-present).
  • Successfully defended a significant Ohio-based patent law firm from multiple patent/intellectual property legal malpractice, fraud and misrepresentation claims across Ohio in federal and state courts (2000-2011).
  • Drove South-Asian/Canadian web-based sales concern out of business and into bankruptcy due to its ongoing export via the internet to the United States of patent, copyright and trademark infringing sports equipment manufactured in China (2007-2010).
  • Achieved cessation of illegal competition via trademark and patent infringement issues arising from use of Google search engine and word placement algorithms in industrial chemicals matter (2007-2009).
  • Won dismissals of numerous pharmaceutical claims from Florida based on the Doctrine of Forum Non Conveniens (2004-2006).
  • Forced resolution of a $54 Million extracontractual insurance liability matter against major Ohio Commercial Claims Insurer at a fraction of the claim (2003-2005).
  • Appraiser in a multi-million dollar mining business interruption claim involving tax treatment coverage and mine depletion allowances (2002).
  • Performed due diligence for a European acquisition merger target, a significant law firm, sought by a major United States based law firm (2002).
  • National Coordinating Counsel, through trial, of high exposure commercial claims involving scores of separate lawsuits including Colorado state class action arising from mass sales of construction components, leading to creation of a $300 Million settlement fund (1999-2001).
  • Chief Trial and Coordinating Counsel successfully defending $163 Million in excess insurance claims of arising from structural damage in over 20,000 prefabricated apartment modules in 1,500 buildings throughout Florida (1996-1999).
  • Coordinating Ohio Counsel for agricultural product producer in class action, insurance fund and attorney general actions (1996-1999).
  • Representing American and British interests, secured and collected a multi-million dollar U.S. judgment contribution against a Finnish insurer doing business in Canada (1986-1992).
  • Lead Trial Counsel prevailing in defending a pivotal wrongful death claim against then nascent $1 Billion pharmaceutical product line (1986-1991).
  • Trial Team in Chilean Tire Industry commercial action arising out of the re-privatization of the industry by the Chilean government (1982-1986).
  • Defense Team in seminal mass-tort litigation actions including those arising from the MGM Grand Hotel, the Las Vegas Hilton and the Beverly Hills Supper Club Fires (1982-1985).

Recent Presentations

  • "Careers in the Law Profession (Attorneys and Paralegals)," Panelist in program produced by WVIZ/ideastream, a Cleveland non-profit public broadcasting organization; Live video program broadcast to several Ohio high schools, Cleveland, Ohio (February 6, 2014) (To view the video of session #2 of this program, please click here)

  • "Avatar in the Courtroom: Is 3D Printing Ready for Prime Time?," Co-Moderator and Panelist on Cutting Edge Trial Presentation Technology, 2013 FDCC Annual Meeting, Colorado Springs, Colorado (August 2013);

  • "Comparative Strengths and Weaknesses of Voluntary and Mandatory Mediation Programs in the United States Circuit Courts of Appeals," as Panelist and Discussion Leader in "Putting the Pieces Back Together Again: Mediation in the United States Circuit Courts of Appeals," Joint Program of the Appellate and Alternative Dispute Resolution Sections of the Federation of Defense & Corporate Counsel, 2013 FDCC Annual Meeting, Colorado Springs, Colorado (July 2013);

  • Small Business Implications from the Patent Reform Act," Clear Channel Communications: The Craig Peterson Show: Tech Talk; Radio Interview on WGIR AM 610/WQSO FM 96.7; New England Market, Global Podcast Download, Boston, MA (October 2012), click here for a transcript of the interview;
  • "Risks on the Horizon: Perspectives in Legal Malpractice Defense Arising from New Technologies under the Patent Reform Act of 2011", 2012 FDCC Annual Meeting, Whistler, British Columbia (August 2012);
  • "Trial Technology - What's Needed and Where Are We Going", Swiss Re Americas Claims Conference, Chicago, Illinois (June 2012);
  • "Mediation of the Complex Case", 2012 Litigation Management College, Graduate Program, FDCC sponsored at Emory University, Atlanta, Georgia (June 2012);
  • "Coverage and Reporting for Claims Professionals", 2012 Litigation Management College, FDCC sponsored at Emory University, Atlanta, Georgia (June 2012);
  • "Patent Law for the Everyday Lawyer", 2012 FDCC Winter Meeting, Phoenix, Arizona (February 2012);
  • "Cultivating a Discipline of Creativity in Your Practice - A Jeffersonian Perspective", 2011 FDCC Annual Meeting, Williamsburg, Virginia (July 2011);
  • "Trial Technology in the Courtroom of Tomorrow", International Association of Claims Professionals Annual Meeting, Amelia Island, Florida (September 2010);
  • "Maximizing Case Efficiency for the Ultimate in Client Satisfaction", 2010 FDCC Annual Meeting, Munich, Germany (July 2010);
  • "Trial Technology 2020, What Does the Future Hold?" FDCC Insurance III Symposium 2020, New York, New York (September 2009);
  • "Cultivating a Discipline of Creativity for Trial", Florida Defense Lawyers Association, Miami, Florida (August 2009);
  • "The Art of Mediation", 2009 FDCC Annual Meeting, Hot Springs, Virginia (July 2009);
  • "Nuts & Bolts of Appellate Practice - The Ohio Supreme Court", panel with Ohio Supreme Court Justices Terrence O'Donnell and Maureen O'Connor, the Manos Inn, Cleveland, Ohio (April 2009);
  • "Data Breaches - An Examination into Inadvertent Data Disclosure", Commercial & Intellectual Property Symposium, DRI, Chicago, Illinois (April 2009);
  • "How ADR Masters Prepare and Win - Mediation & Negotiation, 2009 FDCC Winter Meeting, Kauai, Hawaii (February 2009);
  • "Challenges of Responding to Electronic Discovery Demands", DRI Drug & Medical Device Program, New Orleans, Louisiana (May 2008);
  • "The Plaintiff's Closing Statement, a Live Demonstration"; FDCC Litigation Management College, Emory University, Atlanta, Georgia (June 2007);
  • "How Protected Are You: Attorney - Client Privilege Update", Joint Program of the Property Loss Research Bureau [PLRB] and the FDCC, Chicago, Illinois (October 2006);
  • "Intellectual Property and Insurance Coverages", 2005 FDCC Annual Meeting, San Diego, California (July 2005);
  • "Complex Cross - Border Considerations in Canadian and American Litigation," Ontario Bar Association; Toronto, Ontario (2004);
  • "American Counsel Considerations in Cross - Border Ontario - Quebec - U.S. Complex and Bankruptcy Litigation Matters," FDCC 2003 Annual Meeting, La Malbie, Quebec (2003);
  • "Making the Demonstrative Evidence Specialist an Invaluable Part of the Defense Trial Team," Demonstrative Evidence Specialist Association Annual Conference, appearing with USDJ Kathleen O'Malley (N.D. Ohio), Cleveland, Ohio (2000);
  • "Focusing Your Case for Trial in a Rocket Docket Era", Ohio State Bar Association Annual Meeting, Litigation Section Presentation, Cleveland, Ohio (1998);
  • United States District Court Panel of ADR Neutrals Training Program: Speaker and panelist on mediation and how to approach it to train the ADR Neutrals, Cleveland, Ohio (1990's);
  • Speaker: "How Courts Interpret a Manufacturer's Communications to Consumers: The Learned Intermediary Doctrine," The Food and Drug Law Institute seminar FDA Initiatives in Advertising and Promotion, Washington, D.C. (September 1991).

Reported Ohio Supreme Court Cases

  • Tracy v. Merrell Dow Pharmaceuticals, Inc. (1991), 58 Ohio St.3d 147, 569 N.E.2d 875
  • Walters v. Enrichment Center of Wishing Well, Inc. (1997), 78 Ohio St.3d 118, 676 N.E.2d 890
  • In re McCarthy (1995), 72 Ohio St. 3d 542, 651 N.E. 2d 963

Professional & Community Associations

  • The Federation of Defense & Corporate Counsel [FDCC](1999-present) (see testimonial video); Alternative Dispute Resolution Section Chairman (2011-14); Website Committee (2001-present, Chairman 2003-05); Litigation Management College Faculty (2003-2012) Emory University, Atlanta, Georgia; Litigation Management Graduate Program Faculty (2010-present) at Emory University, Atlanta, Georgia; Intellectual Property Practice Section (2004-present); Trial Tactics, Practice and Procedures Section (1999-present); Corporate Counsel Initiatives Committee (2006-present); International Activities Committee (intermittently 2004-present).
  • Ohio State Bar Association - [OSBA](1982-present); Litigation Section (1982-present).
  • Cleveland Bar Association/Cleveland Metropolitan Bar Association - [CMBA] (1986-present); Litigation Section (1986-present); Joint Bar Admissions Committee of the Cleveland and Cuyahoga County Bar Assoc./Bar Admissions Committee of the Cleveland Bar Association (1986-present) - Chairman (1997).
  • United States Sixth Circuit Judicial Conference (Life Member 2009-present).
  • Ohio Eighth District Judicial Conference (Life Member 2008-present).
  • United States District Court (N.D. Ohio) Panel of ADR Neutrals (1993-present: Arbitrator/ENE Neutral): Appointed to the Panel first by Chief Judge Thomas Lambros, and again by Chief Judges Paul Matia and James Carr.
  • United States District Court (N.D. Ohio) Federal Court Advisory Group (emeritus 2011-present, active member 2002-11); Appointed by U.S. District Judge Dan A. Polster.
  • Lawyers Guild of the Catholic Diocese of Cleveland: (2003-present); President for two terms (2009-11); Executive Board (2005-present). Appointed to these positions upon recommendation of the Board to then Bishop Anthony Pilla and present Bishop Richard Lennon.
  • National Institute of Trial Advocacy (1986-2009 Faculty Member re Expert Witness Depositions, Great Lakes Depositions, Trial Practice and e - Discovery Programs).
  • John M. Manos Inn of Court [Manos Inn] Master (2010-present); Barrister (2005-2009).
  • Case Western Reserve University - named to the Board of Directors of The Alumni Association - the overall umbrella organization for the entire university - for a 3-year term commencing in September 2013.
  • Case Western Reserve University - School of Law Adjunct Professor (Lawyer Process Skills, Negotiation and Oral Advocacy 2005-present) Board of Governors (1994-97); Foreign LLM Program Board Member (2007-12); Faculty Lecturer re: American Civil Procedure.
  • Case Western Reserve University - Undergraduate Alumni Association Charter President (1991-93) Executive Board (1991-94); Western Reserve College Alumni Assoc. (1979-88) - Executive Board (1988); Case Western Reserve University Alumni Association of the Colleges Executive Board (1989-91), Chairman of the Ad Hoc Liaison Committee on Merging the Alumni Associations of the Colleges and Institute (1990-91).
  • City of North Royalton Planning Commission (1995-2004) - Chairman (1997, 2002, 03, 04).
  • City of North Royalton Master Plan Task Force (2000-05) - Chairman (2000-05): Led successful community election campaigns in North Royalton to amend the City Charter establishing and requiring Master Plan compliance (2002) and to rezone over 70% of the land area in the City of North Royalton (2004).
  • St. Albert the Great Parish, North Royalton: - Parent Teacher Organization (1990-2006) President (1994-95); founded fundraising program that has raised over $500,000 for the parish to date; Parish Council (1994-96); Chairman, Diocesan School Futuring Committee and School Expansion Committee (1996-98).

Education

Case Western Reserve University School of Law, J.D. 1982, Cleveland, Ohio; Student of the Year Award (1982); Adelstein Environmental Law Award (1982)
Case Western Reserve University Western Reserve College, B.A. cum laude 1979, Cleveland, Ohio; Triple Major: Chemistry, History and Natural Sciences

Licensed to Practice

  • State of Ohio (1982)
  • United States District Court, N.D. Ohio (1982)
  • United States Supreme Court (1991)
  • United States District Court, S.D. Ohio (1989)
  • United States Sixth Circuit Court of Appeals (1984)
  • United States District Court, D. Colo. (1999)
  • Pro Hac Vice Admissions throughout the United States in numerous federal and state jurisdictions

Awards & Recognition

AV rated by Martindale-Hubbell

"Ohio Super Lawyer" in survey of Ohio lawyers by Law & Politics and Cincinnati Magazines (2006-11)

"Super Lawyer Corporate Counsel Edition" [Intellectual Property] (2008-11)

Best Lawyers in America Listing - Intellectual Property Litigation (2010-11)



Case Western Reserve University Newton D. Baker Distinguished Service Award (1997)



Articles by Craig A. Marvinney

July 2013 - "Mediation in the United States Circuit Courts of Appeals: A Survey," course materials for the Joint Program of the Appellate and Alternative Dispute Resolution Sections of the Federation of Defense & Corporate Counsel, 2013 FDCC Annual Meeting, Colorado Springs, Colorado.



October 2012 - "Vigilant small business can benefit from major patent law reform," Crain's Cleveland Business (Legal Guest Blog)

Craig A. Marvinney, Michael D. O'Connell, Edward B. Ruff III & Carlos Concepcion, "Intellectual Property: Nuts, Bolts, Patents, Copyrights, Trademarks, and ADR in a Nutshell for the Everyday Litigating Lawyer", 2012 FDCC Winter Meeting, Course Materials for the Joint Meeting of the ADR and Intellectual Property Sections (Phoenix, Az. 2012) (I coordinated the paper, and wrote the Introduction, Patent Section and Conclusion).



Craig A. Marvinney & Kerri L. Keller, "Data Breaches - An Examination into Inadvertent Data Disclosure," Commercial & Intellectual Property Litigation Symposium, Course Materials 2009 - 0036CD at 215 - 227), DRI (Chicago, Ill. 2009).



Craig A. Marvinney as Producer, Director, Co-Film Editor of the FDCC DVD production "The Art of Mediation" (2009): An educational mediation DVD along with study points for ease in learning.



Craig A. Marvinney, "How Courts Interpret Pharmaceutical Manufacturer Communications to Consumers: The Learned Intermediary Doctrine," 47 Food & Drug L.J., No. 1 at 69, Food & Drug L. Inst. (Wash., D.C., 1992).



Craig A. Marvinney, "The Learned Intermediary Doctrine: Expanding or Withering Exceptions," 9 Food, Drug, Cosm., and Med. Device L.Dig. 21 (N.Y.St.B.A. Jan., 1992).



Craig A. Marvinney, "Addressing the Tribulations of Human Trials," 10 Pharmaceutical Executive, No. 11, at 64 (Nov., 1990).



Craig A. Marvinney, "Land Use Policy Along the Big Sur Coast of California," 4 U.Cal.L.A. J.Envtl. L. & Pol. 93, (1984).



Areas of Practice

Litigation



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