Michael E. Smith

• Secured defense verdict and favorable verdict on counterclaim for manufacturer accused of manufacturing defective pressure sensors that allegedly resulted in multi-million dollar recall campaign.
• Obtained summary judgment for insurer in multi-million dollar insurance coverage action in which insured sought additional coverage associated with thousands of personal injury asbestos claims.
• Regularly represents large regional health insurer in successfully defending coverage decisions and in defending claims brought by providers in connection with reimbursement claims.
• Regularly represents insurers in complex insurance coverage actions involving mass tort and environmental liability claims.
• Secured defense verdicts for auto manufacturer involving various claims of significant personal injury/product defect, including rollover instability and sudden acceleration.
• Secured defense verdict for auto manufacturer on claim by car dealership alleging improper termination of franchise agreement.
• Assisted international manufacturer of pressure sensor components in developing sales terms and conditions for U.S. and overseas sales, in reviewing contracts with international suppliers, and evaluating appropriate insurance coverage in U.S. and European markets.
• Advised global manufacturer/seller of sophisticated underwater cabling equipment as to supplier, purchaser and service contracts and reviewed insurance policies for applicable coverage in addressing potential claims and in assessing coverage needs.
• Reviewed and rewrote standard sales, warranty and other applicable Uniform Commercial Code provisions for large manufacturer of material handling equipment.
• Drafted and negotiated terms in sales, supply and franchise agreements for manufacturer/seller of protection products and collision warning systems for use in industrial and public parking garage settings.

Education

• Case Western Reserve University College of Law, J.D., summa cum laude, Order of the Coif, 1989
• University of Notre Dame, B.A., magna cum laude, 1986

Admissions

• State of Ohio
• U.S. Court of Appeals, Federal Circuit, Sixth Circuit and Ninth Circuit 
• U.S. District Court, Northern District of Ohio and Southern District of Ohio

Professional Affiliations

• Ohio State Bar Association—Member
• Cleveland Metropolitan Bar Association–Member; Certified Grievance Committee (Past Member)
• Defense Research Institute—Member; Webcast Chair of the Lawyers Professionalism and Ethics Committee
• Judicial Conference of Eighth Judicial District—Life Member

Community Involvement

• Community of Hope—Board Chair (2018-Present)
• The Legal Aid Society of Cleveland—Attorney Volunteer (2015-Present)
• Kinship Caregiver Legal Assistance Workshop—Attorney Volunteer (2014-Present)
• West Side Catholic Center—Volunteer (2003-Present)
• CYO High School Girls Basketball—Assistant Coach (2013-Present)
• St. Clement Catholic Church—Lector (2011-Present)
• Lakewood Community Care Center—President of the Board of Trustees (2003-2007)
• Lakewood Catholic Academy—President/VP of the Board of Trustees (2007-2011); Chair of the Technology Subcommittee (2007-2008)
• St. Malachi Center—President of the Board of Trustees (2004-2007)

Firm Involvement

• General Counsel—Frantz Ward LLP
• Founding Partner—Frantz Ward LLP

• Named to the Ohio Super Lawyers list (2021-2024)
• Named to The Best Lawyers in America in the areas of Commercial Litigation and Litigation-Insurance (2016-2024)

• "Relieved From Duty: Ohio Supreme Court Says Insurer Not Obligated to Defend In Opioid Suits," Frantz Ward Blog Post (September 2022)
• "Unpacking the Packing: A Perspective on the Efforts to Expand the Supreme Court," Podcast Host - Shoveling Smoke - A Frantz Ward Lawcast
• "Is it Sewage or Just Water Backing Up Into Your Basement? The Ohio Supreme Court Says it Smells the Same," Frantz Ward Blog Post (October 2021)
• "Hot! Hot! Hot! Don't get Burned by the Perils of Buying and Selling Residential Real Estate," Podcast Host - Shoveling Smoke - A Frantz Ward Lawcast
• "Scoring Big for the CLE: A Conversation with David Gilbert, President and CEO of the Greater Cleveland Sports Commission," Podcast Host, Shoveling Smoke - A Frantz Ward Lawcast (July 2021)
• "Looking From the Outside In: A Conversation with In-House Counsel Kelley Barnett," Podcast Host, Shoveling Smoke - A Frantz Ward Lawcast (June 2021)
• "Don't Learn Safety by Accident: A Look at Worker Safety and OSHA Initiatives Under the Biden Administration," Podcast Host, Shoveling Smoke - A Frantz Ward Lawcast (May 2021)
• "Breaking Up Is Hard To Do: Navigating the Domestic Relations Arena" Podcast Host, Shoveling Smoke - A Frantz Ward Lawcast (April 2021)
• "Ohio Supreme Court To Give Insurance Coverage for COVID Losses a Shot in the Arm?" Frantz Ward Client Alert (April 2021) 
• "Changing of the Guard, Part 2: Health Care Outlook Under the Biden Administration," Podcast Host, Shoveling Smoke - A Frantz Ward Lawcast (March 2021)
• "Forgiveness is Divine: Looking at the 2021 PPP?" Podcast Host, Shoveling Smoke - A Frantz Ward Lawcast (February 2021)
• "Where Have You Gone Mrs. Pfalsgraf?" Podcast Host, Shoveling Smoke - A Frantz Ward Lawcast (February 2021)
• "Settling Without Your Knowledge and Consent: Indemnitors Beware," Frantz Ward Client Alert (December 2020) 
   
• "How “Personal” is your PHI? Ohio Supreme Court Weighs In," Frantz Ward Client Alert (December 2020) 
• "Coronavirus – Check Your Insurance Policies for Coverage," Frantz Ward Client Alert (March 2020) 
• "Ohio Supreme Court Reinforces Use of “Lodestar” in Attorney Fee Awards," Frantz Ward Client Alert (March 2020) 
• "Coronavirus Insurance Alert – Ohio House Proposes Legislation to Require Insurers to Cover Business Interruption Losses for Small Businesses," Frantz Ward Client Alert (March 2020)
• "Continued Fallout from the Jerry Sandusky Saga – This Time, It’s the Lawyers in Trouble," Frantz Ward Client Alert (February 2020)
• "Ohio Supreme Court to Consider Potential Liability of Internet Marketplace Providers," Frantz Ward Client Alert (August 2019)
• "Eighth District Confirms Trial Court's Obligation to Consider Validity of Arbitration Clause Prior to Enforcement," Frantz Ward Litigation News Item (February 2018)
• "Dismissal of Insurer's Disclosure Obligations Under ERISA," Frantz Ward Litigation News Item (August 2017) 
• "Eighth District Court of Appeals Revisits Age-Old Problem of Whether Insurance Agent/Broker Is An Agent for The Insurer or Insured," Frantz Ward Litigation News Item (August 2017)
• "Actual Injury" Requirements Sinks Certification of Class Action," Frantz Ward Litigation News Item (June 2017)
• “Disqualification, Disgorgement and Discipline as the Price of Disloyalty,” Ohio Lawyer Magazine (September 2016)
• "Chilton-Clark V. Fishel -Professional Liability and Expert Testimony," Frantz Ward Litigation New Item (October 2016)
• “Privilege and the Continued Pitfalls of Corporate Representative Depositions,” Northeast Ohio Association of Corporate Counsel Quarterly Newsletter (4th Quarter 2015)
• “Is Insurer’s Claim to Recoup Overcharges by Health Care Provider Governed by ERISA?” Defense Research Institute’s ERISA Report, Vol. 10, Issue 2 (2015)
• "The Ineffectivness of Rule 11 'Warning Letters,'" Defense Research Institute Today (April 2015)
• “Without Caps, Liability Suits Can Get Ugly,” Crain’s Cleveland Business, Vol. 19, No. 32

• "Litigation Considerations in Internal and External Investigation," The Institute of Internal Auditors Northeast Chapter "NEO Fraud Day" (February 2023)
• "COVID Commentary: Back to Business - Part 2: Resuming Your Business Operations," Frantz Ward Webinar (April 2020)
• "The Grievance Process," Frantz Ward Litigation Seminar, Cleveland, OH (September 2019) 
• "The Uncertainties of In-House Consel Communications," Assocation of Corporate Counsel, Cleveland, OH (August 2019) 
• "Ethical Issues for In-House Counsel," Frantz Ward Litigation Panel Series, Cleveland, OH (September 2018)
• "Insurance: Risk Management and Policy Coverage Issues," Association of Corporate Counsel, Cleveland, OH (June 2017)
• “Minimizing Risk and Improving Litigation Readiness: How to Better Prepare Your Company for Litigation,” Frantz Ward Litigation Seminar, Cleveland, OH (October 2015)
• “Best Practices for Medical Spa Contracting—Preventive Medicine in Order to Avoid Disputes,” American Med Spa Association, Cleveland, OH (October 2015)
• “Avoiding the Runaway Train: How to Effectively Manage Your Company’s Litigation Costs,” Crain’s Cleveland Business, Cleveland, OH (November 2014)