Benjamin C. Sassé

Representative Matters

• Argued and won Ohio Supreme Court appeal on standing to bring treble damages action against public utility
• Argued and won Ohio Supreme Court appeal clarifying standard of review in administrative appeals from zoning decisions
• Argued and won Ohio Supreme Court appeal construing Ohio’s employment intentional tort statute
• Argued and won Ohio Supreme Court appeal upholding use of 365/360 method of interest accrual in commercial mortgage note
• Argued and won Pennsylvania appeal addressing scope of malfunction theory of product liability
• Argued and won Ohio appeal addressing the standard for personhood under Ohio law
• Argued and won Ohio appeal addressing arbitral immunity
• Argued and won Sixth Circuit appeal addressing claim for recoupment of utility undercharges caused by billing error
• Argued Eleventh Circuit appeal addressing the accrual of a product liability claim for an alleged defect in a medical device
• Argued Eighth Circuit appeal addressing indemnification under motor carrier contract
• Argued Ohio appeal addressing governmental liability for breach of contract
• Co-authored successful brief in Ohio Supreme Court appeal upholding Ohio workplace intentional tort statute against constitutional challenges
• Co-authored successful brief in Ohio Supreme Court appeal upholding tort reform damage caps against constitutional challenges
• Co-authored brief in Ohio Supreme Court appeal establishing standard for advances of a director’s defense costs
• Co-authored successful Sixth Circuit brief in maritime law appeal
• Authored successful Eleventh Circuit brief in product liability appeal
• Co-authored Federal Circuit brief in patent appeal on claim construction
• Co-authored successful opposition to petition for certiorari in United States Supreme Court appeal challenging lost profits damage award in a patent case
• Authored Ohio Supreme Court amicus brief in case of first impression addressing scope of post-marketing failure to warn claim under Ohio law
• Authored Ohio Supreme Court amicus brief in case of first impression addressing scope of Ohio workplace intentional tort statute
• Authored Ohio Supreme Court amicus brief in case of first impression addressing co-worker liability for common law intentional torts
• Co-authored Ohio Supreme Court amicus brief in case clarifying standard for legal malpractice under Ohio law

Speaking Engagements

• "What Are Friends For? Amicus Practice in State and Federal Courts," Cleveland Metropolitan Bar Association, 2019 Appellate Court Practice Update (June 2019)
• "Cases from the Ohio Supreme Court," Supreme Court Year in Review, Ohio State Bar Association (December 2018)
• "The Supreme Court Year in Review," 2018 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2018)
• "The Supreme Court Year in Review – 2016-2017 Term: Mapping the New Court's Uncertain Course," 2017 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2017)
• "U.S. Supreme Court Round-Up," 2016 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2016)
• "Cases from the Supreme Court of Ohio," Supreme Court Year in Review, Ohio State Bar Association (December 2015)
• "Supremely Appealing: Tips for Practicing Before the Ohio Supreme Court," The Cleveland Law Library Appellate Practice Seminar, Cleveland, Ohio (November 2015)
• "U.S. Supreme Court Round-Up," 2015 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2015)
• "A Primer on Defending Insurance Class Actions," Ohio Association of Civil Trial Attorneys (OACTA), Westfield Center, Ohio (April 2015)
• "Drawing Up a Game Plan: Litigation Madness," Tucker Ellis/McGladrey Marching Through the Madness: Making Your Financial Services Team a Winner in Risk and Compliance, Cleveland, Ohio (March 2015)
• "Ohio Supreme Court Year in Review," Ohio State Bar Association (December 2014)
• "Ohio Supreme Court Practice Tips for Defense Lawyers," OACTA 2014 Appellate Advocacy Seminar (June 2014)
• "A Supreme Opportunity: Tips for Practicing Before the Ohio Supreme Court," Cleveland Metropolitan Bar Association, Appellate Practice 2014 (June 2014)
• "Ohio Supreme Court Update," Cleveland Association of Civil Trial Attorneys (2011)
• "Update on Recent Employer Intentional Tort Cases," Cleveland Metropolitan Bar Association Litigation Institute (2011)
• "Attacking Opposing Evidence," National Business Institute (2009) 
• "Electronic Evidence & Hearsay in the Courtroom," National Business Institute (2009)
• "Ohio Supreme Court Year in Review," Ohio State Bar Association (2008)

Publications

• "Amicus Committee Update," OACTA’s The Update (Winter 2014)
• "Amicus Committee Update," OACTA’s The Update (Winter 2013)
• "Amicus Committee Update," OACTA’s The Update (Winter 2012)
• "Amicus Committee Update," OACTA’s The Update (Winter 2011)
• "All That is Old is New Again: Workplace Intentional Tort Claims Under R.C. 2745.01," OACTA Quarterly Review (Summer 2011)

Awards & Professional Recognition

• Committee Chair of the Year Award, Ohio Association of Civil Trial Attorneys (2014)
• Ohio Super Lawyers® (2015-2019)
• Ohio Super Lawyers Rising Stars® (2005, 2011-2014)

Civic & Professional Involvement

• Ohio Association of Civil Trial Attorneys
  • Secretary (2019)
  • Board of Trustees
  • Amicus Committee, Chair (2011-present)
• Cleveland Metropolitan Bar Association
  • Appellate Practice Committee (2011-present)
• Cleveland Law Library Association
  • Board of Directors (2013-present)
  • Treasurer (2013-present)
• Defense Research Institute
• Mayfield United Methodist Church
  • Executive Committee (2018-present)
  • Finance Committee, Co-Chair (2018-present)

• OACTA Elects Ben Sassé, Susan Audey, and Mark McCarthy for 2019
  December 2018
• Forty Tucker Ellis Attorneys Named 2019 Ohio Super Lawyers and Rising Stars
  December 2018
• Mark McCarthy and Ben Sassé Reelected to Board of OACTA Trustees for 2018
  November 2017
• Ben Sassé Elected to OACTA Board of Trustees
  November 2015
• Ohio Class Plaintiffs Must Show Damages for the Entire Class When Seeking Certification
  September 2015
• Ben Sassé Receives 2014 OACTA Committee Chair of the Year Award
  November 2014
• U.S. Supreme Court Denies Review of Damages Award to Tucker Ellis Client in Patent Case
  July 2014
• Supreme Court of Ohio Reaffirms (Again) Robinson v. Bates; Rules that Trial Errors Deprived Physician of Fair Trial
  October 2013
• Ben Sassé Quoted in The Plain Dealer on Ohio Supreme Court's Hewitt Decision
  December 2012
• Ohio Supreme Court Rules 365/360 Commercial Mortgage Clause Unambiguous and Enforceable
  December 2012
• Supreme Court of Ohio Limits Employee Suits for Workplace Injuries
  November 2012
• Ben Sassé Quoted in Law360 on Ohio Supreme Court's Hewitt Decision
  November 2012
• Benjamin Sassé Appears Before the Ohio Supreme Court
  September 2012