Case Western Reserve University School of Law, cum laude
The University of Richmond, B.A., summa cum laude
Dan has been recognized by Ohio Super Lawyers as a Rising Star for 2019 and 2020. Rising Stars are selected by their peers as the top up-and-coming attorneys who are under 40 or who have been practicing for 10 years or less. Only 2.5 percent of the attorneys in Ohio are named to the Rising Stars list each year.
Dan graduated from Case Western Reserve University School of Law, cum laude, and the University of Richmond, summa cum laude, with a Bachelor of Arts degree in History. As a second year law student, Dan won Case Western Reserve’s Dean Dunmore Moot Court Competition, and subsequently served as president of the law school’s moot court board. While in law school, Dan also served on the editorial staff of Health Matrix: Journal of Law-Medicine, which published his note on free-exercise challenges to the Affordable Care Act’s contraceptive coverage mandate in March, 2013. Dan’s honors also include membership in the Order of Barristers, the Paul J. Hergenröeder Award for Trial Tactics, and membership in the Phi Beta Kappa national honorary society.
Courts & Bar Associations
- Ohio Supreme Court
- Supreme Court of the United States
- 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
- United States District Court for the Western District of Michigan
- U.S. Court of Appeals for the Sixth Circuit
- Ohio State Chiropractic Ass'n v. Humana Health Plan Inc., 647 Fed.Appx. 619 (6th Cir.2016) (successfully briefed and argued before the U.S. Court of Appeals for the Sixth Circuit and obtained reversal of a federal district court’s order dismissing a putative class action against national insurance company and Medicare Advantage Organization).
- United States District Courts
- Liberty Hangout v. Warren, N.D.Ohio No. 5:18CV2567, 2019 WL 4736490 (Sept. 27, 2019) (obtained dismissal of national advocacy group’s First Amendment claims against state university based on lack of standing and subject matter jurisdiction).
- Ruple Builders, Inc. v. Brackenridge Construction Co., W.D. Pa. No. 2:17-cv-00004, 2019 WL 109329 (Jan. 4, 2019) (obtained summary judgment in favor of general contractor on subcontractor’s claims for breach of contract and unjust enrichment based on application of accord and satisfaction).
- Saar v. Tanger Factory Outlet Centers, Inc., W.D. Mich. No. 1:17-cv-41, 2018 WL 387962 (Jan. 12, 2018) (obtained dismissal of ADA Title III action on the pleadings for lack of standing)
- Roberto v. Kent State Univ., N.D.Ohio No. 5:16CV1305, 2017 WL 1155563 (March 28, 2017) (prevailed on motion to dismiss retaliation claim brought by former employee of state university under the federal False Claims Act).
- Hous. Research & Advocacy Ctr. v. WXZ Residential Group/Circle Lofts 118 LLC, N.D.Ohio No. 1:16-CV-2032 (successfully represented structural engineer sued by regional housing advocacy group for alleged violation of the Fair Housing Act’s design and construction requirements; obtained voluntary dismissal of all claims against client after filing motion for summary judgment).
- Immormino v. Lake Hosp. Sys., Inc., 127 F.Supp.3d 829 (N.D.Ohio 2015) (obtained summary judgment in favor of local health system on claims of age discrimination brought by multiple plaintiffs under federal and state law).
- McClusky v. Lake Hosp. Systems, Inc., N.D.Ohio No. 1:14-CV-519, 2015 WL 4629251 (August 3, 2015) (obtained directed verdict during jury trial in federal district court on two of the plaintiff’s three employment discrimination claims, and subsequently defeated the nominally-prevailing plaintiff’s motion for attorneys’ fees and costs).
- Ohio State Courts
- Vance v. State of Ohio, 134 N.E.3d 683, 2019-Ohio-1322 (10th Dist.) (as special counsel to the Attorney General of Ohio, briefed and argued before the Tenth District Court of Appeals and obtained affirmance of trial court's dismissal of multi-billion dollar putative class action against the Ohio Department of Taxation for lack of subject matter jurisdiction).
- Brownfield Restoration Group, LLC v. Trickett, 122 N.E.3d 570, 2018-Ohio-4473 (11th Dist.) (obtained affirmance of trial court’s judgment in favor of plaintiff industrial remediation company on claim for breach of contract and dismissal of defendant's counterclaim for fraudulent inducement).
- Keith-Harper v. Lake Hosp. Sys., Inc., 96 N.E.3d 823, 2017-Ohio-7361 (11th Dist.) (successfully defended trial court’s award of frivolous conduct sanctions in favor of defendant employer following dismissal of all claims on summary judgment)
- Mannion v. Lake Hospital System, Inc., et al., Lake County Court of Common Pleas No. 14CV001952 (Feb. 6, 2018) (after a five-day jury trial, obtained directed verdict on Plaintiff's claim for age discrimination as well as dismissal of plaintiff's amended complaint with prejudice as an inherent-authority sanction for plaintiff's counsel's conduct during trial)
- DiSantis v. Lake Hospital System, Inc., Lake County Court of Common Pleas No. 16CV000994 (December 19, 2016) (obtained summary judgment in favor of defendant-employer on former employee’s claims for disability discrimination and retaliation under the Ohio Civil Rights Act).
- Dougher v. Lake Hospital System, Inc., Lake County Court of Common Pleas No. 15CV001374 (May 26, 2016) (as first chair trial counsel, obtained unanimous jury verdict in favor of defendant employer on plaintiff’s claim for additional allowance of failed back syndrome);
- Lequyea v. Lake Hospital System, Inc., Lake County Court of Common Pleas No. 15CV001193 (February 9, 2016) (as first chair trial counsel, obtained unanimous jury verdict in favor of defendant employer on plaintiff’s claim for additional allowance of multiple psychological conditions);
- Young v. Zeus Real Estate, LLC, et al., Cuyahoga County Court of Common Pleas No. CV-14-835840 (December 10, 2015) (as lead trial counsel for the plaintiff, obtained fully favorable verdict, with treble damages and attorneys’ fees, for defendants’ violation of the Ohio Consumer Sales Practices Act and breach of contract).
- Wheaton, et al. v. Venczel Homes, Inc., Summit County Court of Common Pleas No. CV-2015-04-2511, 2015 WL 11232540 (August 14, 2015) (obtained summary judgment granted in favor of residential construction company on claims of negligence, fraud, and breach of contract).
- Phoenix Resources, Inc. v. Retech of Georgia, LLC, et al., Summit County Court of Common Pleas No. CV-2013-11-5216 (December 18, 2014) (obtained summary judgment in favor of project owner and political subdivision of the State of Ohio on subcontractor’s breach of contract and quasi-contract claims).
Presentations & Publications
- “Drafting A “Sensible” Conscience Clause: A Proposal for Meaningful Conscience Protections for Religious Employers Objecting to the Mandated Coverage of Prescription Contraceptives”, 23 Health Matrix 353 (2013).