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Nicola, Gudbranson & Cooper, LLCOf Counsel
Matthew T. Fitzsimmons
Pro

Matthew T. Fitzsimmons

4.6
1 review

50 Public Square, Cleveland, OH 44113

Complex litigation/class actions, Business and commercial litigation, Employment litigation and 5 more

About Matthew T. Fitzsimmons

Matt Fitzsimmons practices in the areas of general civil and complex/commercial trial and appellate litigation. His practice includes business and commercial litigation, class actions and employment, product liability, Uniform Commercial Code (UCC), real estate tax (ad valorem) and health care litigation.

Matt’s work in real estate tax cases has resulted in numerous significant reductions in the fair market value of commercial and industrial properties, including several seven-figure tax refunds for clients.

Since 2010, Matt has been selected annually to the Ohio Super Lawyers lists in business and commercial litigation. He receives many referrals from Cleveland's largest law firms and frequently serves as local counsel for major out-of-state firms.

Matt has substantial experience in both state and federal appellate courts.

Career

Adjunct professor, Cleveland-Marshall College of Law, Cleveland State University (2008-present)
•Mediation (2008-present)
•Law clerk to Chief Justice Frank D. Celebrezze, Ohio Supreme Court (1980-1982)

Publications and interviews

•Author, ' Removing Cremated Remains from a Cemetery, ' NGC Legal Insights (Fall 2019)
•Author, ' Settling Sexual Harassment Claims May Be More Difficult Under New Tax Law, ' NGC Legal Insights (Fall 2018)
•Author, ' AEDs in the Workplace, ' Beach Cliff Beacon (July 2018)
•Author, ' AEDs in the Workplace, ' NGC Legal Insights (Winter 2017-2018)
•Author, ' Ohio Quietly Eliminates Automatic Right to Appeal Decisions of Board of Tax Appeals to Ohio Supreme Court, ' NGC Legal Insights (Fall 2017)
•Author, ' What if your company is the target of a union organizing campaign?, ' NGC Legal Insights (Summer 2017)
•Author, ' Confusion remains over federal overtime rules, ' NGC Legal Insights (Summer 2017)
•Author, ' Travel and Training Outside the Workday: Overtime or Not?, ' NGC Legal Insights (Winter 2017)
•Author, ' Overtime Compensation for Non-Exempt Employee Travel and Training, ' Beach Cliff Beacon (April 2017)
•Quoted, ' What's Going on with the Final Rule Regarding Overtime Pay?, ' FingerCheck (Jan. 13, 2017)
•Author, ' New Rule on Overtime Compensation Scheduled to Take Effect December 1, ' NGC Legal Insights (Summer 2016)
•Author, ' Overtime Changes Proposed, ' NGC Legal Insights (Fall 2015)
•Guest, Kaleidoscope, WEWS-TV5 show featuring NorthEast Ohio Neighborhood Health Services Inc. (NEON); segment begins at 7:20 minutes (April 2015)
•Profiled, ' Making a Difference: NEON's Light Shines Bright, ' Beach Cliff Beacon (March 2015)
•Quoted, ' 4 Common Legal Mistakes Small Businesses Make, ' Intuit Small Business Blog (Dec. 19, 2013)
•Author, ' Before Litigation, Try Mediation, ' NGC Legal Insights (Summer 2013)
•Author, ' Climbing a Stairway to Heaven' (a tribute to the 343 New York City firemen who died at the World Trade Center on Sept. 11, 2001), Society & Culture, Notre Dame Magazine (Winter 2001-2002); Congressional Record, Extension of Remarks (daily ed. Oct. 16, 2001) (Statement of Rep. Kucinich)

 

Matthew T. Fitzsimmons (Cleveland, Ohio) View website

Awards

AV Preeminent Peer Rated
This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.
Martindale-Hubbell Peer AV

Client Champion Awards

Client Champion awards recognize those attorneys who excel at service as affirmed by their clients. The awards, based on the quantity and quality of an attorney’s Martindale-Hubbell client reviews, demonstrate an ongoing commitment to delivering excellent client service. Award recipients stand out from their peers with a platinum, gold or silver icon.

Champion Badge Silver

At least three reviews and a score of 4.0 or higher.

Champion Badge Gold

At least six reviews and a score of 4.2 or higher.

Champion Badge Platinum

At least ten reviews and a score of 4.5 or higher.

Martindale Peer Awards

A lawyer who receives a minimum threshold of qualifying responses from fellow attorneys can qualify for one of three prestigious Martindale-Hubbell Peer Review Ratings:

Martindale-Hubbell Peer AV Preeminent Rating

AV Preeminent®: The highest peer rating standard. This rating signifies a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.

Matthew T. Fitzsimmons got this award in 2021

Martindale-Hubbell Peer Distinguished Rating

Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.

Martindale-Hubbell Peer Notable Rating

Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Avvo Awards

Avvo Top Contributor

Avvo Top Contributor: The Avvo Top Contributor Award is granted to attorneys who have earned significant contribution points in a given year on our sister site, Avvo.com. Contribution points are earned by answering questions in Q&A, publishing Legal Guides, and other useful contributions to the Avvo community.

Avvo Client Choice

Avvo Client’s Choice: The Avvo Client's Choice Award Badge is granted to attorneys with a significant number of 4+ star reviews in a given year.

Reviews for Matthew T. Fitzsimmons

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Overall Rating
4.6
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4.6
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Services

Areas of Law

  • Sports Law 1
    • Sports law
  • Other 7
    • Complex litigation/class actions
    • Business and commercial litigation
    • Employment litigation
    • Products liability litigation
    • Health care law
    • Ad Valorem property tax litigation
    • Nonprofit organizations

Practice Details

  • Payment Information
    Payment & Cost Features
    Fixed hourly rates
    Fixed fees available
    Accepted Credit Cards
    American Express
    MasterCard
    Visa
  • Firm Information
    Position
    Of Counsel
    Firm Name
    Nicola, Gudbranson & Cooper, LLC
  • Representative Cases & Transactions
    Cases
    Representative Experience: General commercial
    business/complex litigation
    disputes, including contract litigation, class actions
    litigation involving noncompete agreements, trade secrets, shareholder disputes
    dealer terminations
    Employment litigation
    counseling (wrongful discharge claims, state
    federal sexual harassment
    discrimination claims
    preparation of employee h
    books)
    Real estate tax litigation before the county boards of revision, the Ohio Board of Tax Appeals
    the Ohio Supreme Court on behalf of property owners seeking reductions in property taxes or avoidance of property tax increases sought by school boards
    Representation of a major steel company in a number of adversary proceedings
    prosecution of more than 600 preference actions in U.S. Bankruptcy Court for the Northern District of Ohio , yielding significant recoveries for the bankruptcy estate
    Representation in product liability litigation of numerous pharmaceutical
    consumer product manufacturers, including Merck & Co. Inc., Pharmacia & Upjohn, Carter Wallace, Johnson & Johnson, Scott Fetzer Co.
    Hamilton Beach/Proctor-Silex Inc.
    Representation in numerous employment
    commercial/UCC cases for major corporations
    financial institutions, including Wells Fargo Bank N.A., JPMorgan Chase, IBM, LTV Steel, L'Oreal USA Inc., Huntsman Corp., Premier Farnell Corp.
    Bridgestone/Firestone
    Representation of professional athletes
    agents in player-agent contract disputes
    related litigation Representative Cases: Loyd v. Huntington Nat'l Bank, 649 F.3d 492 (6th Cir. 2011)
    2009 WL 1767585 (N.D. Ohio) (representing Wells Fargo Bank N.A. in class action brought by Ponzi scheme victims seeking to create a discovery rule to toll the statute of limitations applicable to UCC's properly payable rule)
    Victory Sports Management Ltd. v. Le
    ro Barbosa, Case No. CV-09-689732, Court of Common Pleas, Cuyahoga County, Ohio (representing NBA player in contract dispute with former agent)
    Bikkani v. Lee, 2008 Ohio 3130 (Ct. App. 2008) (Ohio R. Civ. P. 11
    R.C. 2323.51, Ohio's frivolous conduct statute)
    IMG v. Stuart Appleby, Case No. 1:06-CV-1231, U.S.D.C., Northern District of Ohio (representing PGA touring pro in contract dispute with agent)
    Evergreen Sports, Inc. v. Bill A. Duffy, et al., Case No. 1:03-CV-787, U.S.D.C., Northern District of Ohio (representing NBA agent in dispute over representation rights for NBA player)
    Miller v. Premier Industrial Corp., 136 Ohio App.3d 662 (8th Dist. 2000) (affirming summary judgment in age/disability discrimination claim)
    Soberay Machine & Equipment Co. v. MRF Ltd., Inc., 181 F.3d 759 (6th Cir. 1999) (Fed. R. Civ. P. 19, international contract dispute)
    Sutkowski v. Eli Lilly & Co., 82 Ohio St.3d 347 (1998) (representing Merck & Co. Inc. in case rejecting pharmaceutical market share liability)
    Bd. of Ed. of the Worthington City School District v. Bd. of Revision of Franklin County, 85 Ohio St.3d (1999) (real estate tax litigation)
    Kurczi v. Eli Lilly & Co., 160 F.R.D. 667 (N.D. Ohio 1995) (representing Merck & Co. Inc. in defeating motion for class certification in pharmaceutical product liability claim)
    Gries Sports Enterprises, Inc. v. Modell, 15 Ohio St. 2d 284 (1984) (conflict of laws/shareholder voting agreement)
    Columbus Bd. of Ed. v. JC Penney Properties, Inc., 11 Ohio St. 3d 203 (1984) (real estate tax litigation)
    OCLC Online Computer Library Center, Inc. v. Kinney, 11 Ohio St. 3d 198 (1984) (real estate tax litigation)
    Columbus Bd. of Ed. v. Fountain Square Associates, Ltd., 9 Ohio St.3d 218 (1984) (real estate tax litigation)
    Wauseon v. Badenhop, 9 Ohio St.3d 152 (1984) (criminal law
    appointed appellate counsel by Ohio Supreme Court)
    Perotti v. Ferguson, 7 Ohio St.3d 1 (1983) (Ohio R. Civ. P. 41)
    St. Clair Builders v. Aetna Cas. & Sur. Co., 81 Ohio App.3d 675 (8th Dist. 1992) (construction litigation)
    Total Health Care Plan, Inc. v. Tracy, BTA Case No. 94-J-38 (February 24, 1995) (obtained a real estate tax exemption for an HMO's headquarters)
  • Additional Links
    http://www.nicola.com/attorneys/fitzsimmons/

Experience

  • Bar Admission & Memberships
    Admissions
    1980, Ohio
    1981, U.S. District Court for the Southern District of Ohio
    1983, U.S. Court of Appeals for the Sixth Circuit
    1984, U.S. District Court for the Northern District of Ohio
    1997, U.S. Supreme Court
    Memberships

    Professional and civic activities

    •Member, American Bar Association , Litigation and Labor and Employment Law sections
    •Member, Federal Bar Association
    •Member, Ohio State Bar Association , Labor and Employment Law section
    •Member, Cleveland Metropolitan Bar Association , Litigation, Labor and Employment Law and Health Care Law sections
    •Board member, Midtown Cleveland, Inc
    •Trustee, board of trustees chair (2010-2015) and longtime volunteer board member, NorthEast Ohio Neighborhood Health Services, Inc . (also known as Hough Norwood Family Clinics, a federally qualified health center of seven clinics serving medically underserved persons of Greater Cleveland)
    •President, First Friday Club of Cleveland (2004)
    •Life member, Judicial Conference of the Eighth Judicial District
    •Board member, Notre Dame Lawyers Alumni Committee
    •Member, Notre Dame Club of Cleveland
    •Member, advisory group of the U.S. District Court for the Northern District of Ohio (2002-2008)
    •Member, Ohio Supreme Court Committee for the Rules for Reporting of Opinions (1982-1983)

  • Education & Certifications
    Law School
    University of Dayton School of Law
    Class of 1980
    J.D.
    Other Education
    University of Notre Dame
    Class of 1975
    A.B.
    Government

    University of Notre Dame
    Class of 1975
    A.B.
    with honors
  • Personal Details & History
    Age
    Born in 1953
    Staten Island, New York

Contact Matthew T. Fitzsimmons

Of Counsel at Nicola, Gudbranson & Cooper, LLC
4.6
1 review

Terminal Tower, Suite 290050 Public SquareCleveland, OH 44113U.S.A.

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Office Hours:
  • Monday 08:30 AM - 05:30 PM
  • Tuesday 08:30 AM - 05:30 PM
  • Wednesday 08:30 AM - 05:30 PM
  • Thursday 08:30 AM - 05:30 PM
  • Friday 08:30 AM - 05:30 PM

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Attorneys FAQs

  • Is this attorney admitted to practice in any U.S. Federal Courts?
    Matthew T. Fitzsimmons is admitted to practice before the United States Court of Appeals for the Sixth Circuit, United States District Court for the Northern District of Ohio, United States District Court for the Southern District of Ohio and United States Supreme Court.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, Matthew T. Fitzsimmons has a 4.6 Peer Rating from Martindale-Hubbell.
  • How many attorneys are in this law firm?
    Nicola, Gudbranson & Cooper, LLC has 25 attorneys at this location.
  • What law school did this attorney attend?
    Matthew T. Fitzsimmons attended University of Dayton School of Law.
  • What year was this attorney's law firm established?
    Nicola, Gudbranson & Cooper, LLC was established in 1933.

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