mfusco@walterhav.com
Phone: 216-619-7839
Fax: 216-916-2394
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Mark S. Fusco
Partner

Areas of Practice
Commercial Litigation
Real Estate
Appellate Advocacy
Defense of Consumer Claims

Education
Hiram College, B.A., 1982 (magna cum laude and departmental honors in Political Science)
Case Western Reserve University School of Law. J.D., 1988

Licensed to Practice
All Ohio State Courts
United States District Court, Northern District of Ohio
Sixth Circuit United States Court of Appeals
Pro hac vice, Arkansas and Michigan

Mark Fusco is an attorney with firm’s Litigation Practice Group. Mark’s areas of expertise are business litigation representing small and medium size companies in a variety of settings, business clients in employment law claims, contract disputes and cases arising under the Uniform Commercial Code and consumer litigation before state and federal courts and administrative agencies. He has successfully argued appellate cases in the Sixth Circuit Court of Appeals and has argued more than 60 cases in various State Appellate Courts. His most recent trial work includes:

• The successful representation of an automobile dealer who was seeking to acquire and relocate a new motor vehicle franchise

• Obtaining a judgment on behalf of a client against two former employees for the cost of specialized training

• Obtaining a summary judgment for an automobile dealer in a dispute with a commercial customer who claimed lost profit due to excessive delays in the repair of its vehicle

Other examples of Mark’s experience include:

• Defeating a claim for attorney fees brought by a National Consumer Rights law firm by showing that the law firm failed to provide its client with an initial offer of a settlement which was greater than the settlement reached on the morning of the trial

• Successful defense of several claims brought under the Telephone Consumer Protection Act

• Obtaining the dismissal of a breach of contract claim filed by a plumbing company against the successful bidder for a public improvement contract in Lorain County
  Obtaining a six figure arbitration award against a construction company who built improvements on unstable soil

• Obtaining the dismissal of a Fair Credit Reporting Act claim brought against a creditor by a consumer

• Upholding an award of fees levied against an attorney in Federal District Court

Professional & Community Associations

• Volunteer attorney for Community Legal Services, 2000-2006

• Mock Trial Advisor, Strongsville High school – 2003-2004

Presentations

• October 2003: Presented continuing legal education program entitled Winning on
  Appeal: Brief Writing and Oral Argument with Judge Diane Karpinski of the Cuyahoga County Court of Appeals

• November 2005: Presented a portion of a continuing legal education program on topics in real estate law