Susan M. Audey

Ohio Supreme Court Briefs & Arguments

To view Susan's Ohio Supreme Court briefs and arguments, click here.

Representative Matters

• Successfully defended nursing home in Ohio Court of Appeals, Eighth Appellate District, where court vacated judgment awarding nearly $1 million in punitive damages and attorneys’ fees
• Authored briefs and argued cases before the Supreme Court of Ohio on issues involving appellate procedure, asbestos tort reform, statutory construction, and admission to the Ohio bar
• Authored amicus brief before the Supreme Court of Ohio on constitutionality of medical-negligence statute of repose
• Authored briefs and argued cases before various appellate courts in Ohio and Pennsylvania on issues involving asbestos product liability, nursing home liability, the Ohio savings statute, the child-abuse reporting statute, medical negligence, including the affidavit-of-merit requirement and the apology statute, statute of limitations, prejudgment interest, various aspects of political-subdivision tort liability law, and the constitutionality of limits on noneconomic damages
• Authored and argued post-trial briefs in medical-negligence and nursing home liability cases
• Worked on various trial matters involving complex briefing, including motions to exclude expert testimony in medical/pharmaceutical, asbestos, and other product liability cases
• Represented the Cleveland Metropolitan Bar Association before three-member panels in complex disciplinary and bar-admission cases

Speaking Engagements

• "Supreme Court Year in Review," Panelist, 2020 In-House Counsel Summit Webinar, Tucker Ellis LLP (September 2020)
• "2020 Ohio Civil Rule Amendments: Insights into How to Effectively Handle the Changes to Case Management and Discovery," Panelist, Lunch & Learn Webinar, Ohio Association of Civil Trial Attorneys (August 2020)
• "Emergency Ohio Legislation and Administrative Orders Regarding COVID-19: Practitioners' Concerns and Issues," Panelist, Virtual Town Hall, Ohio Association of Civil Trial Attorneys (April 2020)
• "Post-Trial Motions," Ohio Association of Civil Trial Attorneys Litigation & Trial Skills Workshop, Columbus, Ohio (June 2019)
• "Practice Before the Board on Character & Fitness," Cleveland Metropolitan Bar Association, Cleveland, Ohio (May 2019)
• "Update on Appellate Procedure," Ohio Association of Civil Trial Attorneys Annual Meeting, Columbus, Ohio (November 2018)
• "The Supreme Court Year in Review," 2018 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2018)
• "Getting It Right the First Time: Learning from Today's Top Verdicts and Settlements," 8th Annual Forum on Long Term Care Litigation and Risk Management Strategies, Miami, Florida (January 2018)
• "Representing the CMBA Before the Board on Character & Fitness," Cleveland Metropolitan Bar Association, Cleveland, Ohio (November 2017)
• "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)
• "Making the Record and Preserving Issues for Appellate Review," Cleveland-Marshall College of Law, Cleveland, Ohio (October 2017)
• "Appellate Brief Writing," Cleveland Metropolitan Bar Association, Cleveland, Ohio (June 2017)
• "Supreme Court Year in Review," Cleveland Association of Civil Trial Attorneys, Cleveland, Ohio (February 2017)
• "Supreme Court Year in Review," Ohio State Bar Association, Columbus, Ohio (December 2016)
• "Using the Affordable Care Act to Reduce Awards of Future Damages," Defense Attorney Forum, West Virginia Mutual Insurance Company, South Charleston, West Virginia (October 2016)
• "Jones v. MetroHealth Update," OSHRM/SOHA Fall Conference, Columbus, Ohio (September 2016)
• "Litigating the Right to Set-off Under R.C. 2744.05," OACTA Government Liability Seminar, Columbus, Ohio (August 2016)
• "The Good, the Bad, and the Ugly – Ohio Supreme Court Case Law and Rules Commission Update," Ohio Association of Civil Trial Attorneys, Columbus, Ohio (November 2015)
• "U.S. Supreme Court Round-Up," 2015 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2015)
• "Using the Affordable Care Act to Reduce Future Damages Claims," Ohio Association of Civil Trial Attorneys (August 2015)
• "Appellate Brief Writing," Ohio State Bar Association (April 2015, April 2014 (prepared written materials only), April 2013, April 2011)
• "But I cc’d Our In-house Lawyer …: Tips for Preserving Privileged Communications," Ohio Professional Conduct Program, Tucker Ellis LLP, Cleveland, Ohio (December 2014)
• "Daubert and Its Application in Ohio," Ohio Association of Civil Trial Attorneys (November 2014)
• "The Year in Review," Cleveland Association of Civil Trial Attorneys (December 2013)
• "The Year in Review," Ohio Association of Civil Trial Attorneys (November 2013)
• "The Changing Landscape: Hot Topics in Ohio Courts," Ohio Association of Civil Trial Attorneys (February 2013)
• "The Beautiful Brief: Persuasion through Appearance," Ohio State Bar Association (April 2012, April 2009)
• "Writing for the Paralegal Professional," Cleveland Metropolitan Bar Association (January 2012)
• "Brief Writing Tips for 1Ls," Cleveland-Marshall College of Law Black Law Student Association (November 2010, March 2010, October 2009)
• "Tips for Writing Simply, Clearly, and Credibly," Ohio State Bar Association (April 2010)
• "Strategies for Drafting a Clear and Concise Brief," Ohio State Bar Association (September 2008)

Publications

• "The Supreme Court of Ohio to Consider What Constitutes an Unauthorized Disclosure of Protected Health Information in the Context of Collecting a Medical Debt," Northern Ohio Physician, Vol. 105, No. 1 (January/February 2020)
• "AMCNO Addresses Legal Issues of Importance to Physicians," Northern Ohio Physician, Vol. 104, No. 5 (September/October 2019)
• "The Rule 58(B) Exception to the 30-Day Time-to-Appeal Rule," OACTA Quarterly Review (Summer 2019)
• "AMCNO Files Amicus Brief Emphasizing Ohio's Law Concerning Standard-of-Care Testimony," Northern Ohio Physician, Vol. 103, No. 1 (January/February 2018)
• "The Supreme Court Resolves Split Between Appellate Courts: Statements of Fault Are Inadmissible Under the Ohio Apology Statute," Northern Ohio Physician, Vol. 102, Issue 6 (November/December 2017)
• "But the Court's Order Says There Is 'No Just Reason for Delay' ...," DRI's Certworthy, Vol. 18, Issue 1 (July 2017)
• "The Constitutionality of Caps on Noneconomic Damages Survives Supreme Court Scrutiny," Northern Ohio Physician, Vol. 102, No. 1 (January/February 2017)
• "Stays of Trial Court Proceedings Pending Appeal," OACTA Quarterly Review (Summer 2016)
• "An Update of Daubert in Products Liability Cases in Ohio State and Federal Courts," OACTA Quarterly Review (Summer 2013, Vol. 6, Issue 3)
• “Ohio Supreme Court Rules on Statute of Repose,” Northern Ohio Physician, Vol. 98, Issue 1 (January/February 2013)
• “Leaving Out the Parts that Readers Skip,” DRI's For the Defense (July 2012)
• "Is Poor Writing Sanctionable Conduct?”, DRI’s For the Defense (March 2010)
• “First Impressions Matter: Confessions of a Former Law Clerk,” DRI’s For the Defense (October 2009)
• “Spoliation of Evidence: Its Use as a Defense Tool,” OACTA Quarterly Review (Winter 2008, Vol. 1, Issue 4)

• Supreme Court of Ohio, Commission on the Rules of Practice and Procedure, Counsel to the Civil Rules Committee (2014-present)
• Ohio State Bar Association Appellate Specialty Board, Board Member (2013-present)
• Ohio Lawyers Assistance Program
  • Treasurer (2019-present)
  • Board Member (2017-present)
• Cleveland Metropolitan Bar Association
  • Certified Grievance Committee
    • Member (2005-2016, 2017-present)
    • Special Appointment (2010-2011)
    • Chair (2009-2010)
  • Bar Admissions Committee and Appeals Sub-Committee
    • Chair (2012-2013)
    • Vice Chair (2011-2012)
• Cleveland-Marshall College of Law
  • Adjunct Writing Instructor (2008-present)
  • Curriculum Advisory Committee (2010)
• Eighth District Judicial Conference, Life Member
• Ohio Association of Civil Trial Attorneys
  • Board Member (2018-present)
  • Appellate Law Committee, Vice Chair (2015-present)
• Defense Research Institute
  • Appellate and Products Liability Committees
• William K. Thomas Inn of Court, Barrister Member (2010-2013)

• Questions Remain as Ohio Supreme Court Rules on Lawsuit Alleging Unauthorized Disclosure of PHI
  January 2021
• Tucker Ellis Wraps Up Round One of 2020 In-House Counsel Summit Webinar Series
  October 2020
• Supreme Court of Ohio Clarifies that Class Action Settlements Are Res Judicata as to Class Members Who Do Not Formally "Opt Out"
  July 2020
• The Supreme Court of Ohio and General Assembly Simultaneously Establish Tolling Periods as Emergency Relief to Litigants During COVID-19 Pandemic
  March 31, 2020
• OACTA Elects Ben Sassé, Susan Audey, and Mark McCarthy for 2019
  December 2018
• Tucker Ellis Client Brainlab Prevails in Fibertracking Case; District Court Judge Declares "Siege is Over"
  May 2018
• "Cumulative" Asbestos Exposure Theory Rejected by the Supreme Court of Ohio
  February 2018
• Tucker Ellis Elects Nine Attorneys to Partnership
  January 2016
• Renfrow v. Norfolk Southern: Bringing the Ohio General Assembly's Intent Back to the Meaning of "Competent Medical Authority" and Upholding Ohio's Asbestos Medical Criteria Bill - Applying It as Written
  September 2014
• Supreme Court of Ohio Reaffirms (Again) Robinson v. Bates; Rules that Trial Errors Deprived Physician of Fair Trial
  October 2013