Marc J. Kessler

Partner
mkessler@hahnlaw.com 614.233.5168

Summary

Hahn Loeser CEO and Managing Partner Marc J. Kessler specializes in several key areas of business litigation. His expertise includes complex commercial transactions, business torts, real estate, product liability, construction, bankruptcy, health care, intellectual property rights and toxic tort defense. Marc is an experienced trial and appellate litigator in both state and federal courts throughout the country. In addition to his substantial litigation experience, he provides strategic business counsel to numerous large corporations based in the Midwest.

During his 26 years of practice, Marc has tried, litigated, arbitrated, mediated or otherwise resolved a wide variety of disputes and other client matters. Marc’s clients include large corporations, chemical companies, steel manufacturers, financial institutions, accounting firms and a variety of governmental entities.

Marc was recently named the 2018 Mass Tort Litigation/Class Actions (Defendants) “Lawyer of the Year” by The Best Lawyers in America® in Columbus, Ohio. He has been listed in Best Lawyers in America® since 2005. He is also consistently recognized by Chambers USA, America’s Leading Lawyers for Business (litigation) and Ohio Super Lawyers. Marc has also been selected by Ohio Super Lawyers as one of the top trial lawyers in the Columbus area. Marc is listed in the 2017 Edition of U.S. News & World Reports’ annual list of The Best Lawyers in America® in Columbus for Bet-the-Company Litigation, Commercial Litigation, Toxic Tort Defense and Franchising. Further, Marc is active in community organizations supporting Central Ohio.

At Hahn Loeser 

Marc’s trial experience includes representing clients in numerous jury and non-jury trials. His recent experience includes litigation involving the validity and enforceability of non-compete agreements for a multinational corporation, accounting malpractice claims covering tax and audit issues, and the enforcement and defense of substantial contract rights involving business acquisitions, asset sales and purchases in one of the largest bankruptcy cases ever filed in the United States District Court for the Southern District of Ohio. Marc has defended large and small brokerage houses concerning allegations under the Investment Advisors Act of 1940 and various state investment advisor statutes.

Professional

  • Chief Executive Officer and Managing Partner, Hahn Loeser & Parks LLP, 2017 to present; Columbus Office Managing Partner, 2011 to 2017; Partner 2002 to present.
  • Vice Chair, Ohio Supreme Court Commission on Certification of Attorneys as Specialists.

Personal 

Born in Neptune, New Jersey. Married to Susan Kessler. Four children: Matthew, Nicole, Ryan and Jacob. Resides in Powell, Ohio.

  • Middleport Terminals v. Brown Minneapolis Tank & Fabricating Co. (S.D. Ohio 1994), successfully defended manufacturer of storage tanks on motions practice premised upon toxic tort claims.
  • Trammel v. Loney et al. (S.D. Ohio 1995), successfully represented county and deputy sheriff in a 1983 action.
  • Myers v. Hocking County Community Hospital (Hocking Cty. C.P. 1995), obtained verdict 100 times the last settlement offer.
  • Kermes v. WSA Inc., Viracon Division, et al. (N.D. Ohio 1997), obtained defense verdict in product liability case.
  • 382 Capital Inc. v. Corso (Franklin Cty. C.P. 1998), successfully represented directors and officers of corporation in breach of contract and enforcement of covenant not to compete.
  • Breitenstein v. E.I. duPont de Nemours and Company (S.D. Ohio 2000), prepared and argued successful dispositive motion in precedent setting dispute relating to contractor liability.
  • Silverman v. American Income Life Insurance Company (Franklin Cty. C.P. 2001), successful defense of company and CEO against multimillion dollar claims premised upon fraud, breach of fiduciary duty, breach of contract and wrongful discharge.
  • Glimcher Properties Limited Partnership v. Ferrante (S.D.N.Y. 2001), successfully represented developer in complex commercial litigation involving stock transfer rights.
  • BMW Financial Services LLC v. Wickline (S.D. Ohio 2002), obtained a declaratory and specific performance judgment confirming consumer credit card rights.
  • Morrison v. Homewood Corp. (Franklin Cty. C.P. 2003), achieved a complete defense verdict disputing consumer claims for a major home builder in Central Michigan premised upon clean water act and environmental claims.
  • Upper Arlington I, LLC v. Continental/Eagle II, LLC (Franklin Cty. C.P. 2004), successfully prosecuted and obtained summary judgment in a multimillion dollar claim for breach of contract and fiduciary duty.
  • Eilerman v. Cargill, Inc. (S.D. Ohio 2005), prepared and argued successful dispositive motion premised upon intentional tort claims.
  • Footstar, Inc. v. Glimcher Realty Trust (Bankruptcy S.D.N.Y. 2005), successful representation of landlord against claims for alleged CAM overcharges.
  • In re Horizon PCS, Inc., et al. (Bankruptcy S.D. Ohio 2006), successfully defended a telecommunications company in adversary proceedings defending purported fraudulent conveyance.
  • In re National Century Financial Enterprises, Inc., et al., (Bankruptcy, S.D. Ohio 2008), lead counsel in adversary proceeding successfully representing the Southwest’s largest home health care provider in litigation related to the collapse of $3 billion health care financier.
  • Salling v. Budget Rent-A-Car Systems, Inc., et al., (D. Ohio 2010), successfully defended national car rental companies against a class-action suit alleging fraud and unjust enrichment with the car rental companies’ fuel service fee. Affirmed by the U.S. Court of Appeals for the Sixth Circuit in February of 2012.
  • Abrams v. Nucor Steel Marion, Inc. (N.D. Ohio 2016), successfully defended a mini mill against a complaint filed by 527 Plaintiffs asserting claims premised upon toxic tort and specifically the emission of particulate matter. Affirmed by the U.S. Court of Appeals for the Sixth Circuit in May of 2017.

Credentials

Education

Dickinson College B.A., cum laude 1989

 

Capital Law School J.D. 1992

Community Involvement

Central Ohio Diabetes Association (CODA): Board of Directors

 

United Way: Member, Young Leaders

 

Children’s Hospital Development Board: Executive Board

Awards & Distinctions

Chambers USA: America’s Leading Lawyers for Business, Commercial Litigation, 2013-15.

 

Ohio Super Lawyers, Business Litigation, 2004-17; Top 100 Ohio Super Lawyers, Top 50 Columbus Super Lawyers, 2011.

 

The Best Lawyers in America, Commercial Litigation, Franchise Law and Mass Tort Litigation/Class Actions – Defendants, 2012-17.

 

“Top Lawyers,” Columbus CEO, 2010.

 

AV® Preeminent Rated, Martindale-Hubbell.

Bar Admissions

Admitted to the Ohio Bar, 1992

 

Licensed to practice before the United States District Court for the Southern District of Ohio, 1993; United States District Court for the Northern District of Ohio, 1993; United States Court of Appeals for the Sixth Circuit, 1993; United States District Court of Appeals for the Ninth Circuit, 2007; United States Bankruptcy Court for the Southern District of Ohio, 1993.

Memberships & Affiliations

American Bar Association: Member; Forum on the Entertainment and Sports Industries; Vice Chair, Young Lawyers Division, Arts, Entertainment and Sports Law Committees

 

Ohio State Bar Association: Member; Chairman, Sports and Entertainment Law Committee; Litigation Committee

 

Columbus Bar Association: Member; Construction Law Committee; Sports and Entertainment Law Committee

 

Capital University School of Law: Adjunct Professor, Professional Sports Law