Derek E. Diaz
200 Public Square, Suite 2800
Cleveland, OH 44114-2316
phone: 216.274.2395 fax: 216.241.2398
e-mail:
Legal and Business Experience
Litigation
Derek E. Diaz is co-chair of Hahn Loeser’s Appellate Group and an Ohio State Bar Association Board Certified Specialist in Appellate Law. He has extensive trial and appellate experience in complex commercial litigation, including class actions and employee raiding cases. Representative clients include Fidelity National Financial, Inc.; ExxonMobil Corporation; Nucor Corporation; and Century 21 Real Estate LLC.
Derek is one of the founders of the blog, The Class-Action & Compliance Sentinel (www.realestateclassactions.com), which keeps real estate professionals apprised of new developments regarding class actions and compliance matters in that industry. Derek is also a member of the firm’s Real Estate Industry Services group. He is a Life Member of the Sixth Circuit Judicial Conference.
Notable recent representation includes:
· Successfully obtained appellate reversal of $2.4 million judgment against oil-and-gas company, which had resulted from failed sale of mineral interests. Atlas Noble, LLC v. Krizman Enters., 692 F. App’x 256 (6th Cir. 2017).
· Obtained appellate reversal of order granting plaintiff’s motion for class certification in case involving allegedly improper practices for towing automobiles.Safi v. Central Parking System of Ohio, Inc., 45 N.E.3d 249 (Ohio Ct. App. 2015)
· Defeated class certification and obtained summary judgment in RESPA case of national precedent, which invalidated a long-standing HUD policy statement relating to affiliated-business arrangements. Carter v. Welles-Bowen, Inc., 736 F.3d 722 (6th Cir. 2013).
· Defeated class certification intwo suits alleging that Fidelity National Title Insurance Companyand Chicago Title Insurance Company had overcharged for title insurance policies in five different states.
· Successfully defended Ticor Title Insurance Company in a national class action seeking damages for alleged title insurance overcharges. Hazewood v. Found. Fin. Group, LLC, 551F.3d 1223 (11th Cir. 2008).
· Represented ExxonMobil Corporation in multi-district litigation involving “MTBE,” a fuel additive, for a mandamus action and a collateralorder appeal from the district court’s plan to conduct bellwether trials.
· Led a successful appellate defense, following jury trial, of €1.7 million judgment in favor of an Ohio software development company against a German company that breached a partnership agreement. Tharo Sys., Inc. v. cab Produkttechnik GmbH & Co. KG, 196 Fed. Appx. 366 (6th Cir. 2006).
· Successfully obtained injunctive relief on behalf of Ticor Title Insurance Company against former agent in complex, multi-state litigation for former agent’s wrongfully continuing to hold itself out as a licensed agent after termination.
· Represents Ticor Title Insurance Company in multiple lawsuits, state administrative proceedings, and regulatory investigations that involve coverage disputes that were caused by the misconduct or fraud of agents and former agents.
Professional
Ohio State Bar Association Board Certified Specialist in Appellate Law.
Partner, Hahn Loeser & Parks LLP, 2009 to present. Associate, 2004-08.
Law Clerk to the Honorable Arthur I. Harris, United States Bankruptcy Court for the Northern District of Ohio, 2002-04.
Judge Advocate; United States Marine Corps, 1998-2002.
Admissions
Admitted to the Ohio Bar, 1998.
Licensed to practice before the U.S. Supreme Court, U. S. Courts of Appeals for the Fifth, Sixth, Eighth and Eleventh Circuits; and the U.S. District Court for the Northern and Southern Districts of Ohio.
Recognition
Ohio Super Lawyers, 2014-17.
“Ohio Rising Stars,” Ohio Super Lawyers, 2010-13.
Distinguished Service Award, Standing Committee on Legal Assistance for Military Personnel, American Bar Association, 2001.
Achievement Medal, U.S. Navy & Marine Corps, June 2000. (For service on Aviano Trial Team.)
Award for Trial Advocacy, New York Bar Association, December 1999.
Associations
American Bar Association: Member.
American Land Title Association, Associate Member
· Member, Best Practices Committee, 2016 to present
· Member, State Advocacy Committee, 2016 to present
Cleveland Law Library Association: Board of Directors.
Cleveland Metropolitan Bar Association: Bench-Bar Committee Member
Federal Bar Association, Northern District of The Ohio Chapter: Board of Directors and CLE Committee Chairperson.
Real Estate Services Providers Council, Inc., Associate Member
· Member, Program & Education Committee, 2016 to present
Publications
Author, “Who Hacked My Cyber Insurance Policy?,” Title News, May 2017.
Author, “Five Keys To Becoming A Savvy Shopper For Your Business Insurance,” Title News, January 2017.
Author, “Your Judge Will Likely Read Your Legal Brief on an iPad and Why You Should Care,” Cleveland Metropolitan Bar Journal, December 2015.
Author, “Recurring Pitfalls for Those Trying To Preserve Error for Review”, Cleveland Metropolitan Bar Journal, October 2013.
Author, “Courts Must Ignore Excessive Statutory Damages,” CADS Report, (American Bar Association Section of Litigation Class Action and Derivative Suit Committee Newsletter), Winter 2011.
Speaking Engagements
Anatomy of Two CFPB Trials, Real Estate Service Providers Council, Inc. (RESPRO®), Fall Conference, Denver, Colorado, September 14, 2017.
What you Need to Know about Final Appealable Orders, Appellate Advocacy Seminar, Ohio Association of Civil Trial Attorneys, Columbus, Ohio, August 25, 2017
Winning Strategies for Post Judgment Motions, The Appellate Courts Committee of the Cleveland Metropolitan Bar Association, Appellate Practice 2017, Cleveland, Ohio, June 15, 2017.
RESPA Super Session, 2017 Real Estate Services Providers Council, Inc. (RESPRO®), Annual Conference, Las Vegas, Nevada, April 18-20, 2017.
What’s New & Hot in RESPA Class Actions? 2017 Real Estate Services Providers Council, Inc. (RESPRO®), Annual Conference, Las Vegas, Nevada, April 18-20, 2017.
Leadership Development: Principles and Traits of Military Leadership, Springboard Conference, American Land Title Association, Fort Worth, Texas, March 8, 2017.
“Contract review Basics for Volunteer Attorneys and Nonprofits,” Association of Corporate Counsel, October 27, 2016.
“Preserving the Record for Appeal,” 53rd Annual Midwest Labor & Employment Law Seminar, October 17, 2016.
Andrew Agati and Derek Diaz, 2016 Annual Convention for American Land Title Association, How to Become a Savvy Shopper for Your Insurance, October 5, 2016
“Drafting Appellate Briefs in the Age of Electronic Readers,” Cleveland Law Library, November 12, 2015.
“Preserving the Record on Appeal,” 2015 Litigation Institute, Cleveland Metropolitan Bar Association, June 4, 2015.
“Punitive Damages in Commercial Litigation: Pursuing and Defending Claims,” CLE Webinar, April 22, 2014.
“Representing Your Client in Federal Court”, National Business Institute, October 31, 2013.
"Appeals Start at Trial," Appellate Practice CLE, Ohio State Bar Association, April 18, 2013.
“Post-Judgment Motions and Their Effect on Appeals,” Ins and Outs of Appellate Practice CLE, Cleveland Metropolitan Bar Association, September 24, 2012.
“Bankruptcy Litigation 101,” National Business Institute Seminar, May 2012.
“Litigation Institute 2011”, Cleveland Metropolitan Bar Association, December 15, 2011.
"The Times They Are A-Changin': Recent Supreme Court Decisions and the New Class-Action Landscape,” December 12, 2011.
“You’ve Got a Friend? Amicus Briefs on Appeal,” The Ins and Outs of Appellate Practice CLE (presented by the Appellate Courts Committee of the Cleveland Metropolitan Bar Association): Co-Presenter, June 3, 2011.
Education
Ohio State University, J.D., May 1998:
Honors & Activities: Staff Editor, Ohio State Law Journal, 1997-98; Cali Award for Pretrial Litigation, 1998; Judge Joseph M. Harter Memorial Award for Trial Practice, 1997.
John Carroll University, B.A., Political Science, magna cum laude, 1995.
Community Involvement
National Multiple Sclerosis Society: Volunteer, Ohio Buckeye Chapter.
Personal
Resides in Avon, Ohio. Married with three children.