Jennifer L. Mesko

• Obtained dismissal at the pleadings stage of a purported nationwide class action alleging that cosmetic wipes were not “gentle” or “hypoallergenic” as labeled
• Obtained summary judgment in favor of a cat litter manufacturer in a nationwide consumer class action alleging violations of consumer statutes, breach of warranty, unjust enrichment, and negligent misrepresentation claims, which was affirmed by the Sixth Circuit on appeal
• Obtained dismissal and favorable settlement without payment by client of a class action against a leading ecommerce subscription service in a nationwide class action alleging breach of contract, fraud, RICO, and violation of state consumer protection statute claims
• Defends a law firm in a securities fraud and professional negligence class action
• Represents a leading manufacturer of flushable wipes in class actions alleging violations of various consumer statutes and breach of warranty and seeking national injunctive relief
• Represented major insurance carriers in sophisticated coverage litigation arising out of interpretations of CGL and specialty policies, including cases with bad faith allegations
• Obtained dismissals in numerous insurance coverage matters as the result of dispositive briefing
• Obtained voluntary dismissal of a class action litigation involving an insurance carrier in state court
• Secured numerous dismissals of state-law claims against a generic prescription drug manufacturer as impliedly preempted by federal law

Speaking Engagements

• "Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai," Strafford Webinar (October 2019)
• "Mission Impossible? Protecting Data and Mitigating Litigation Risk in the World of Biometric Authentication Technology," 2018 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2018)
• "One Class Action or 50? Choice of Law Considerations as Potential Impediment to Nationwide Class Action Settlements," Moderator, American Bar Association, 5th Annual Western Regional CLE Program on Class Actions and Mass Torts, San Francisco, California (June 2018)
• "Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai," co-presented at a national Strafford webinar (May 2018)
• "Rule 23(c)(4) Issue Certification: Reconciling the Conflict with Rule 23(b)(3)'s Predominance Requirement," co-presented at a national Strafford webinar (November 2017)
• "Food Contamination and Coverage Issues," co-presented at the CMBA Insurance Law Section Seminar "Hot Topics in Commercial General Liability Insurance," Cleveland Metropolitan Bar Association, Cleveland, Ohio (June 2016)
• "Case Law Update: New Developments in Ohio Bad Faith Law," co-presented at the CMBA Insurance Law Spring Seminar "The Good, the Bad, and the Ugly: Ohio Insurance Bad Faith Law 2015," Cleveland Metropolitan Bar Association, Cleveland, Ohio (May 2015)

Publications

• Ohio Insurance Coverage (2013, 2014, 2015, 2016, 2017, 2018, and 2019 Editions), Thomson Reuters
• "The Un-Easy Street of Class Action Settlements: Strategies for Preventing and Mitigating Fraud in Claims Administration," ABA Section of Litigation, Class Actions & Derivative Suits (September 2019)
• "Illinois Supreme Court Rules in Biometric Information Privacy Act Case," ABA Section of Litigation, Class Actions & Derivative Suits (February 2019)
• "Illinois Supreme Court Rules in Favor of Consumers in Landmark Biometric Case," Tucker Ellis Client Alert (January 2019)
• "Status Quo Maintained: Supreme Court of Delaware Precludes Stockholder Derivative Claims," American Bar Association, Class Actions & Derivative Suits (Spring 2018)
• "Third Circuit Emphasizes the Need to Provide Reasonable Notice of Arbitration Clauses," American Bar Association, Class Actions & Derivative Suits (March 2017)
• "How to Remove Multi-Plaintiff Cases Involving Personal Jurisdiction Challenges and Avoid Subject Matter Remand," DRI’s RX for the Defense (March 2015)
• "Medical Malpractice and Sarcoma Care-Sarcoma Malpractice: Who is at Risk?", Journal of Surgical Oncology (2014)
• “It’s Not Form Over Substance – Procedural Fundamentals of Making and Reviewing a Claim,” Cleveland Metropolitan Bar Association Journal (February 2014)
• "Unpeeling the Layers of Recall, Contamination Policies," Law360 (March 2012)
• “Toward a Compassionate Solution: The UNHCR Guidance Note & Asylum for Parents of Potential Victims of Female Genital Mutilation,” 11 WHITTIER J. CHILD & FAM. ADVOC. 299 (2012)
• “Report of the Cleveland Expert’s Meeting: The International Criminal Court & the Crime of Aggression,” 41 CASE W. RES. J. INT’L L. 429 (2009)

• The Best Lawyers in America® (2020)
• Ohio Super Lawyers Rising Stars® (2017-2020)

• Cleveland Metropolitan Bar Association
• American Bar Association, Class Actions and Derivative Suits Section
  • Consumer Law Subcommittee, Co-Chair
  • Newsletter Subcommittee, Co-Chair
• Safe Families for Children – Cleveland, Advisory Board Member

• Forty-One Tucker Ellis Attorneys Named 2020 Ohio Super Lawyers and Rising Stars
  November 2019
• Judgment in Favor of Tucker Ellis Client Affirmed in the Sixth Circuit
  September 2019
• Fifty Tucker Ellis Attorneys Named Among Best Lawyers for 2020
  August 2019
• Illinois Supreme Court Rules in Favor of Consumers in Landmark Biometric Data Case
  January 2019
• Forty Tucker Ellis Attorneys Named 2019 Ohio Super Lawyers and Rising Stars
  December 2018
• Federal Court Dismisses All Claims Against Tucker Ellis Client in Purported Nationwide Class Action
  August 2018
• Nine Tucker Ellis Attorneys Promoted to Counsel
  January 2017
• President Obama Commutes Sentence of Tucker Ellis Pro Bono Client
  October 2016
• Tucker Ellis Pro Bono Client Granted Clemency
  May 2016
• Young, Bekeny and Mesko Author 2015 Edition of Ohio Insurance Coverage
  August 2015
• Tucker Ellis Attorneys Author 2014 Edition of Ohio Insurance Coverage
  September 2014
• Tucker Ellis Attorneys Pen 2013 Edition of Ohio Insurance Coverage
  September 2013