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. Further, Marc is active in community organizations supporting Central Ohio.
- Partner, Hahn Loeser & Parks LLP, 2002-present; Chief Executive Officer and Managing Partner, 2017-19; Partner-in-Charge, Columbus, Ohio office, 2011-17
- Vice Chair, Ohio Supreme Court Commission on Certification of Attorneys as Specialists
- 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.
- 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.
- 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.
- In re Horizon PCS, Inc., et al. (Bankruptcy S.D. Ohio 2006), successfully defended a telecommunications company in adversary proceedings defending purported fraudulent conveyance.
- Footstar, Inc. v. Glimcher Realty Trust (Bankruptcy S.D.N.Y. 2005), successful representation of landlord against claims for alleged CAM overcharges.
- Eilerman v. Cargill, Inc. (S.D. Ohio 2005), prepared and argued successful dispositive motion premised upon intentional tort 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.
- 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.
- BMW Financial Services LLC v. Wickline (S.D. Ohio 2002), obtained a declaratory and specific performance judgment confirming consumer credit card rights.
- Glimcher Properties Limited Partnership v. Ferrante (S.D.N.Y. 2001), successfully represented developer in complex commercial litigation involving stock transfer rights.
- 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.
- 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.
- 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.
- Kermes v. WSA Inc., Viracon Division, et al. (N.D. Ohio 1997), obtained defense verdict in product liability case.
- Myers v. Hocking County Community Hospital (Hocking Cty. C.P. 1995), obtained verdict 100 times the last settlement offer.
- Trammel v. Loney et al. (S.D. Ohio 1995), successfully represented county and deputy sheriff in a 1983 action.
- 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.
Capital University Law School, J.D., 1992
Honors & Activities: Dean’s Fellowship Award
Dickinson College, B.A., cum laude, 1989
Central Ohio Diabetes Association (CODA), Board of Directors
United Way, Member, Young Leaders
Children’s Hospital Development Board, Executive Board
Chambers USA, Commercial Litigation, 2013-19
Ohio Super Lawyers®, Business Litigation, 2004-19; Top 100 Ohio, 2011; Top 50 Columbus, 2011
The Best Lawyers in America®, Franchise Law, 2012-20; Commercial Litigation, 2016-20; Mass Tort Litigation /Class Actions – Defendants, 2016-20; Product Liability Litigation-Defendants, 2019-20; Columbus Lawyer of the Year, Mass Tort Litigation/Class Actions – Defendants, 2018
“Top Lawyers,” Columbus CEO, 2010
AV Preeminent®, Martindale-Hubbell
State of Ohio, 1992
U.S. District Courts for the Southern and Northern Districts of Ohio, 1993; U.S. Court of Appeals for the Sixth Circuit, 1993; U.S. District Court of Appeals for the Ninth Circuit, 2007; U.S. Bankruptcy Court for the Southern District of Ohio, 1993
American Bar Association, Member; Forum on the Entertainment and Sports Industries; Young Lawyers Division, Arts, Entertainment and Sports Law Committees, Vice Chair
Ohio State Bar Association, Member; Sports and Entertainment Law Committee, Chairman; Litigation Committee
Columbus Bar Association, Member; Construction Law Committee; Sports and Entertainment Law Committee
Capital University School of Law: Adjunct Professor, Professional Sports Law