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Ubersax, Jeffery D. Information

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Ubersax, Jeffery D.
North Point 901 Lakeside Avenue Cleveland, OH
Phone: 1.216.586.7112 (Business Phone)
Fax: 1.216.579.0212 (Business Fax)
Website: http://www.jonesday.com

SUMMARY

Current Employment Position(s)

Partner

Languages

  • German

Lawyer Overview

Jeff Ubersax represents clients in a wide variety of litigation and arbitration matters, including the coordinated defense of product liability and toxic tort cases on a nationwide basis, securities class actions, antitrust cases, and contract and other commercial disputes.

Jeff has served as national coordinating counsel for Brush Wellman Inc., a manufacturer of beryllium products that has faced claims for lung disease arising out of workplace exposures to beryllium in 17 states. Jeff has managed all aspects of the litigation, closely supervising regional counsel and taking the lead in key activities and decisions. For example, he successfully argued in the Ohio Supreme Court for reversal of an order certifying a class of exposed workers; won a ruling by the Mississippi Supreme Court that rejected medical monitoring claims; and secured affirmances by the U.S. Courts of Appeals for the Fifth and Eleventh Circuits of summary judgments on product liability claims. He also obtained summary judgment on intentional tort claims by beryllium workers in Arizona and Ohio, which were affirmed on appeal; helped obtain defense verdicts in both of the two cases that went to trial, in California and in Colorado (one of The National Law Journal's "Top 20 Defense Verdicts" of 2001); and, in the wake of these litigation victories, achieved global settlements of large groups of cases on very favorable terms, enabling the client to withstand aggressive attacks by nationally prominent plaintiffs' counsel. Jeff has also advised other manufacturers on strategies to minimize their exposure to litigation risk.

In January 2009, Jeff won an arbitration award for North America's largest iron ore producer in a dispute involving a complex supply contract with the world's largest steel manufacturer. A three-member AAA panel rejected the steel company's claim that the contract had been breached, and awarded no damages.

In the antitrust field, Jeff secured an important victory in the U.S. Court of Appeals for the Second Circuit, representing the American Board of Emergency Medicine (ABEM). The plaintiffs, on behalf of a putative class of physicians, alleged that ABEM's requirement that candidates for board certification be residency-trained is anticompetitive. The court rejected all challenges to ABEM's eligibility criteria.

Jeff has substantial experience in the defense of white-collar criminal matters, such as investigations and charges of government contract fraud and violations of environmental and antitrust laws. Before joining Jones Day, he was with Williams & Connolly in Washington, D.C.

Areas of Practice

  • Trial Practice
  • Class Action Litigation
  • Commercial Disputes
  • Business Restructuring & Reorganization

Representative Cases

  • ArcelorMittal USA Inc. v. Cleveland-Cliffs Inc., No. 53 1450016408 (AAA) , (2009)
  • A.B. Dick Co. et al v. MHR Capital Partners L.P. et al, No. 1:05-6V-00116-KAJ (D. Del.)
  • Alidina v. Penton Media, Inc., et al., No. 98 Civ. 8474 (S.D.N.Y.)
  • Brush Wellman Inc. v. Jeneric/Pentron Inc., 2008 U.S. Dist. LEXIS 374 (N.D. Ohio 2008)
  • Credit Francais International v. Trainor, et al., No. 5:91 CV 2122 (N.D. Ohio)
  • Daniel v. Am. Bd. of Emergency Med., 428 F.3d 408 (2d Cir. 2005)
  • Estate of Catherine Cummings v. Mettler; Shields v. Mettler, Nos. 1:89 CV 0176 and 1:89 CV 0422 (N.D. Ohio)
  • Fillmore v. Brush Wellman, Inc., 2004 WL 527167 (N.D. Ohio)
  • In re Champion Spark Plug Company Shareholders Litigation, No. 10569 (Del. Ch.)
  • In re Federated Department Stores, Inc. and Allied Stores Corp., No. 1-90-00130 (Bankr. S.D. Ohio)
  • In re World Kitchen Inc., No. 02-B21257 (Bankr. N.D. Ill)
  • Koyo Seiko Co., Ltd. v. TRW Inc., No. V02346H (Monroe County, Tenn.)
  • Krutsch v. Detroit-Macomb Hospital Corp., et al., No. 2005 WL 2562955 (E.D. Mich.) and Hagedorn v. St. Thomas Hospital, Inc., No. 3-04-0526 (M.D. Tenn.)
  • Lynch v. Dial Finance Co., 101 Ohio App. 3d 742, 656 N.E. 2d 714 (Eighth App. Dist. 1995)
  • McCarthy v. Vincent, No. 90-1471, slip op. (N.D. Ohio Aug. 21, 1990)
  • Newark Electronics v. Litton Industrial Automation Systems, Inc., No. 7:91-2709-20 (D.S.C.)
  • Norgard v. Brush Wellman Inc., 2003 Ohio App. LEXIS 2476 (Eighth App. Dist.)
  • The Lubrizol Corporation v. Exxon Corporation, No. 1:90 CV 1705 (N.D. Ohio)
  • Truck Rim Litigation
  • United States ex rel. Eagleye v. TRW Inc., No. C86-1262 (N.D. Ohio)
  • Weston Inc. v. Brush Wellman Inc., 1994 Ohio App. LEXIS 3349 (Eighth App. Dist.)
  • Beryllium Disease Litigation
  • Insulator Litigation
  • NationsBank Brokerage Litigation
  • Requirements Contract Dispute

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Business Organizations, Class Actions, Collections & Repossessions, Commercial Leasing, Complex Litigation, Consumer Protection, Contracts, Debtor/Creditor, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Franchising, International Trade Litigation, International Transactions, Joint Ventures, Lemon Law, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Secured Transactions, State Appellate Practice, State Trial Practice, Tax Litigation, Transactions, Uniform Commercial Code, US Court of Appeals for the Federal Circuit, US Supreme Court, Warranties

Qualifications

Bar Admissions

  • District of Columbia
  • Ohio

Education

  • Harvard University