Amanda Martinsek

Partner

Amanda is a seasoned trial lawyer with almost 30 years of experience litigating complex cases including class actions, shareholder derivative claims, product liability suits, real estate matters, and a variety of other disputes and claims. She has defended national and regional law firms against professional liability and other business tort claims.

Amanda has represented both public and private clients. Her experience encompasses a variety of commercial disputes including breach of contract, fraud, tortious interference, covenants not to compete, supplier agreements, and other business issues. She has both prosecuted and defended shareholder derivative and direct shareholder claims, and has represented directors and officers against claims brought under federal securities laws and various state laws. She also has experience representing policyholders against their insurers both in active litigation and through negotiation in cases involving a variety of issues such as liability insurance triggered by underlying litigation, conduct or alleged wrongdoing over extended periods, and multiple layers of coverage. Amanda has also represented individuals, companies, and public entities with regard to real estate disputes arising from: an exercise of eminent domain; allegations of an improper taking; disputes over tax incremental financing projects; and foreclosures.

Amanda also has extensive experience defending against class action litigation bringing a variety of statutory and common law claims, including securities claims, TCPA, state and federal consumer protection allegations, breach of warranty claims, alleged breaches of form contracts, state and federal antitrust claims, and mortgage recording and UCC-1 statutory causes of action. Amanda was retained by a multinational company to serve as its expert on American class action practices and procedures in an action in Canada. She has also been involved in the litigation of public works contracts, trust and estate issues, construction and manufacturing disputes, school law claims, employment claims, and real estate issues.

In addition to her significant trial experience, Amanda has represented public and private clients in administrative proceedings and arbitrations. She has directed investigations into various issues including alleged Foreign Corrupt Practices Act violations and potential qui tam claims. Amanda led an investigation into a Fortune 500 company’s handling of transactions in synthetic securities totaling $1.1 billion.

Education & Admissions

Education

  • Oberlin College

    B.A., with honors, 1985

  • New York University School of Law

    J.D., magna cum laude, 1991
    Order of the Coif

Admissions

  • State of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit

Experience

RECENT REPRESENTATIONS

  • Amanda’s school law experience includes representing a school district in successfully challenging the constitutionality of a controversial state law that allowed residents of certain Ohio communities to more easily change their assigned school district despite the risk of racial segregation among affected students.
  • Amanda represents the plaintiff bondholders in a foreclosure action/receivership of a hotel and convention center worth in excess of $42 million.
  • She recently negotiated a very favorable resolution for the ninth largest county in Ohio in an action brought by a school district challenging the county’s resolutions implementing tax incremental financing districts. The result was a win-win for all parties and provided millions in additional dollars needed for the development of infrastructure.

EXPERIENCE

  • Plain Local School District Board of Education v. Mike DeWine, No. 2:19-CV-5086, 2020 WL 5521310 (S.D.OH Sept 11, 2020)
  • Eaton Corp. v. Weeks, 2014 U.S. Dist. LEXIS 22530 (E.D. Michigan 2014)
  • Johnson v. KeyBank, 2014-Ohio-120, (8th District Ohio Court of Appeals 2014)
  • Meyers Lake Sportsman’s Club, Inc. v. Meyers Lake Pres., Inc., 2013-Ohio-3227, (5th District Ohio Court of Appeals 2013)
  • TattleTale Portable Alarm Sys. v. Calfee, Halter & Griswold, LLP, 276 F.R.D. 573 (S.D. Ohio 2011)
  • Mills Van Lines, Inc. v. Prudential Real Estate & Relocation Services, 2011-Ohio-3833 (8th District Ohio Court of Appeals 2011)
  • Parma Community General Hospital v. Premier Anesthesia of Parma, 2011 U.S. Dist. LEXIS 11035 (N.D. Ohio 2011)
  • Village of Hills & Dales v. Ohio Dept. of Education, 2007 Ohio App. LEXIS 4530 (Franklin Cty. Ct. of App. 2007)
  • State ex rel. Brewer-Garrett Co. v. MetroHealth System, 2006 Ohio App. LEXIS 5222 (Cuyahoga Cty. Ct. of
    App. 2006)
  • Gobble v. Hellman, 2002 U.S. Dist. LEXIS 26833 (N.D. Ohio, 2002)
  • Mick v. Level Propane Gases, Inc., 203 F.R.D. 324 (S.D. Ohio 2001)
  • Morales v. Coyle, 98 F. Supp. 2d 849 (N.D. Ohio 2000)
  • Iron Workers Local Union No. 17 Ins. Fund v. Philip Morris, Inc., 186 F.R.D. 453 (N.D. Ohio 1999)

Publications & Presentations

Client Alerts

Publications

  • “One Subject Rule Strategy Can Defeat Dangerous State Laws,” Law360 Access to Justice (September 2021)
  • “Where Does Roe Go From Here?” Best Lawyers Legal Insights (June 2019)

Presentations

  • “Will SCOTUS Uphold Reproductive Rights?” Best Lawyers Discussion Panel (July 2020)
  • “Developments in Corporate Investigations: Has the Yates Memorandum Changed the Calculus?” CLE Seminar (October 2016)
  • “The Ohio Civil Rules: Tools to Eliminate Delay, Expense, and Other Impediments to Expeditious Justice,” CLE Seminar, Cuyahoga County Common Pleas Court (September 2016)
  • “Building Your Communication Style: Finding Your Voice,” CLE Seminar, Women Leading Their Way to New Perspectives, Opportunities & Heights, Cleveland Metropolitan Bar Association (March 2016)
  • “Navigating Ethical Minefields,” CLE Seminar, National Association of Minority & Women-Owned Law Firms Annual Meeting (October 2012)
  • “The Ethics of Representing Corporations,” CLE Seminar (December 2011)
  • “Rainmaking Speaker and Practical Business Development Strategies,” Ohio Women’s Bar Foundation Leadership Institute (September 2011)

Involvement

Professional Affiliations

  • Eighth District Judicial Conference (Life Member)
  • Cleveland Metropolitan Bar Association
  • Ohio Women’s Bar Association
  • Litigation Counsel of America
  • Federal Bar Association (Board Member, 2015-2017)

Community Involvement

  • The Cleveland Orchestra Advisory Council (Member, 2016-present)
  • Cleveland Rape Crisis Center (Board of Directors, 2008-2013)
  • Murtis H. Taylor Human Services System (Board of Trustees, 2003-2010)
  • Ohio Women’s Bar Association (Trustee 2009-2010; Secretary and Member of Executive Committee 2010-2011; Trustee 2011-2015)

Honors

  • Named a “Midwest Trailblazer” by The American Lawyer (2021)
  • Named a “Woman Worth Watching” by Profiles in Diversity Journal (2019)
  • YWCA Women of Professional Excellence (2019)
  • The Best Lawyers in America, Appellate Practice (2017-2022)
  • Designated Best Lawyers Appellate Practice “Lawyer of the Year” in Cleveland (2019)
  • Named a “State Litigation Star” in Ohio by Benchmark Litigation (2021; 2022)
  • Named to the Ohio Super Lawyers list (2007-2021)
  • Super Lawyers – Nationwide Corporate Counsel Edition for Business Litigation (2008-2016)
  • Super Lawyers – Top 50: Women Super Lawyers, Ohio (2016; 2017; 2020; 2021)
  • Super Lawyers – Top 25: Women Super Lawyers, Cleveland (2015-2017; 2020; 2021)
  • “Notable Women in Law,” Crain’s Cleveland Business (2018)
  • Named Law360 Female Power Broker (2014)
  • “Leading Lawyer,” Inside Business Magazine (2004-2013)
  • Ohio State Bar Foundation 2011 Fellows Class