Kelly A. Kosek

Partner
kkosek@hahnlaw.com 216.274.2223

Summary

As a commercial litigation attorney, Kelly has defended clients in a wide range of litigation matters. Her experience includes putative class actions, contract disputes and a variety of torts, including manufacturing and design defects, failure to warn, civil conspiracies, employer intentional torts, fraud, negligence, and premises-liability claims.

At Hahn Loeser

Kelly has represented a broad spectrum of clients, including clients in the title insurance industry, mortgage industry, car-rental industry, and home-warranty industry. She has also represented manufacturers of automobiles, chemicals, refractory products, and firearms.

As a partner in the Cleveland office, she has significant experience in defending class actions. Kelly has defeated putative classes via summary judgment and motions to dismiss and also defeated motions for class certification.

Since 2013, Kelly has chaired Hahn Loeser & Parks LLP’s Women’s Leadership Initiative, whose mission is to design and support programming to develop leadership skills and create unique opportunities for Hahn Loeser’s women attorneys. The initiative also works in the community to promote the advancement of women by engaging in thoughtful dialogue, sponsoring, hosting, or attending women’s events, and providing overall support to women in their professional endeavors. As part of those efforts to support women in their professional endeavors, each fall the initiative hosts professional women at a seminar featuring a nationally recognized speaker.

Kelly also writes for Hahn Loeser’s blog, The Class-Action & Compliance Sentinel, at www.realestateclassactions.com.

Community

In 2016, Kelly joined the board of directors of the Cleveland Hearing and Speech Center. She previously served on the Playhouse Square Partners Board of Directors from 2008 to 2014, including terms as co-chair of the board in 2010-11, vice co-chair in 2009-10 and membership co-chair in 2008-09. She also is a graduate of the Cleveland Bridge Builders class of 2009.

  • Experienced in class-action trial involving title insurance and escrow industry, including defeating plaintiffs’ punitive-damages claims when a Kansas City, Missouri, jury returned verdict that expressly denied plaintiffs’ punitive damages request for $211 million
  • Defeated motions for preliminary injunction and temporary restraining order in class-action litigation in California state court involving home-warranty protection company
  • Obtained judgment on the pleadings dismissing claim under California’s Consumer Legal Remedies Act (CLRA) in certified class action and successfully defended ruling on appeal
  • Superior experience in class-action removals, including researching and briefing Class Action Fairness Act (“CAFA”) issues before Eighth Circuit Court of Appeals, Hartis v. Chi. Title Ins. Co., 2009 U.S. App. LEXIS 5372 (8th Cir. Mar. 13, 2009) and 694 F.3d 935 (8th Cir. 2012)
  • Defeated putative class action through summary judgment in nationwide class action based on breach-of-contract claims in Salling v. Budget Rent-A-Car Systems, Inc., 2010 U.S. Dist. LEXIS 70603 (N.D. Ohio July 14, 2010), aff’d 672 F.3d 442 (6th Cir. 2012)
  • Defeated putative class through motion to dismiss and summary judgment in multistate class action in Arevalo v. Fid. Nat’l Fin., Inc., 2009 U.S. Dist. LEXIS 21607 (W.D. Tex. Jan. 29, 2009), aff’d Murray v. Fid. Nat’l Fin., Inc., 594 F.3d 419 (5th Cir. 2010)
  • Defeated class certification in multistate class actions in Doll v. Chi. Title Ins. Co., 246 F.R.D. 683 (D. Kan. 2007) and Hartis v. Chi. Title Ins. Co. (W.D. Mo. 2010)
  • Obtained judgment on the pleadings in class action for breach of contract, fraud, and unjust-enrichment claims in Trohoske v. Chi. Title. Ins. Co., 2011 U.S. Dist. LEXIS 137704 (N.D. Ohio Nov. 30, 2011)
  • In $1 billion class actions, managed veil-piercing discovery, including collecting responsive documents, responding to written discovery and defending corporate representative deposition
  • Acted as lead counsel in single state class action involving allegations of breach of contract, trespass, civil theft and unjust enrichment
  • Defeated complaint alleging fraud and violation of Ohio Mortgage Broker Act at pleading stage and defended dismissal through appeal to Sixth Circuit as lead counsel Counseled clients regarding inquiries by governmental regulatory agencies

Credentials

Education

The College of William and Mary, J.D., 2002. William and Mary Environmental Law and Policy Review

 

Allegheny College, B.A., 1999. Honor societies: Phi Alpha Theta and Order of Omega Alden Scholar

Memberships & Affiliations

Cleveland Bridge Builders, Member

 

Defense Research Institute, Committee Leadership: Liaison between Commercial Litigation and Young Lawyers' Committees, 2009-2010 (Co-Vice-Liaison 2007-2009)

 

Committee Membership: Commercial Litigation, Product Liability, Toxic Torts and Environmental Law, and Young Lawyers

 

Cleveland Metropolitan Bar Association.

 

Bar Admissions Appeals Subcommittee: member, 2009 to present.

 

Bar Admissions Committee, 2006 to present.

 

Defense Research Institute: member.

 

Women in the Law and Commercial Litigation Committees.

 

Class Action Specialized Litigation Group.

Bar Admissions

Admitted to the Ohio Bar, 2002

 

Admitted to practice before the U.S. District Court for the Northern and Southern Districts of Ohio

 

Admitted to practice before the Sixth and Eighth Circuit Courts of Appeal

Awards & Distinctions

Case Western Reserve University’s 2013 Women’s Law and Leadership Conference, panelist regarding Early Career: Networking, Building Your Brand, Attracting Sponsors

 

AV Preeminent rated by Martindale Hubbell, 2015-2017

 

“Ohio Super Lawyers Rising Stars,” Ohio Super Lawyers, 2010-17

 

“Northeast Ohio’s Top 25 Under 35 Movers and Shakers,” Inside Business, 2008