Daniel Leister

Partner

Dan.Leister@lewisbrisbois.com

Daniel Leister is a partner in the Cleveland office of Lewis Brisbois and a member of the General Liability Practice and Appellate Practice. Daniel is an experienced litigator and trial attorney with more than a decade of experience handling a wide range of cases, primarily in Ohio and Pennsylvania. Daniel’s litigation experience includes commercial/business litigation, medical malpractice, insurance defense, insurance coverage, contract disputes, trade secret misappropriation, real estate land disputes, construction project disputes, workplace injuries, employment contracts, ADA compliance, HIPAA violations/compliance, defamation, discrimination, and class actions.

Daniel’s diverse background makes him uniquely qualified in handling civil appeals, which continues to be a growing part his practice. Daniel provides appellate support when it’s needed most, whether before, during, or after trial. Daniel also helps his insurance clients navigate complicated legal issues, answer difficult coverage questions, and draft coverage letters and opinions.

Primary Area(s) of Practice

  • General Liability
  • Appellate
  • Professional Liability
  • Insurance Coverage
  • Trade Secrets & Non-Compete Disputes
  • Products Liability
  • Healthcare
  • Labor & Employment

Additional Experience

Admissions

Ohio

Pennsylvania

Northern District of Ohio

Southern District of Ohio

Eastern District of Michigan

United States Court of Appeals for the Sixth Circuit

United States Court of Appeals for the Fifth Circuit

Associations

  • Public Service Liaison, DRI Retail and Hospitality Division
  • Member, CLM
  • Cleveland Metropolitan Bar Association
  • Ohio State Bar Association
  • Pennsylvania Bar Association

Awards & Honors

  • "Ones to Watch," Appellate Practice, Product Liability Litigation – Plaintiffs, Transportation Law, Best Lawyers, 2023
  • "Ones to Watch," Appellate Practice, Best Lawyers, 2021, 2022 & 2024
  • Ohio Super Lawyers, Rising Star: 2016, 2017, 2018

Education

University of Akron

Juris Doctor, magna cum laude, 2012

Ohio University

Bachelor of Arts, cum laude, 2009

Representative Matters

  • Represented a railcar maintenance company named in a $350 million case involving a toxic chlorine spill. Monitored the 6-week trial and drafted trial bench brief on evidentiary issues, motions for non-suit, and post-trial motions. On appeal, drafted briefs in the primary and cross-appeal. (Pennsylvania Superior Court).
  • Represented defendants seeking reversal of $2.1 million judgment in a non-compete/ breach-of-contract case brought by their former employer. Drafted post-trial filings and appellate briefs, and presented oral argument before the Superior Court. (Pennsylvania Superior Court)
  • Drafted the appellate briefs and presented oral argument in wrongful death action against a nursing home. On remand to the trial court, drafted bench briefs and dispositive motion successfully arguing that the plaintiff’s expert’s testimony was inadmissible and incapable of support the plaintiff’s claims. (Eighth District of Ohio).
  • On behalf of a major hotel chain, drafted motions and briefs in multiple state and federal courts seeking transfer of venue in multi-jurisdictional class actions involving alleged human sex trafficking. (Various federal and state courts).
  • Represented a start-up R&D company in a business litigation suit between a supplier and a product manufacturer, and drafted appellate briefs and presented oral argument. (Eighth District of Ohio).
  • Drafted appellate briefs and presented oral argument in a parental rights case and obtained a reversal of the trial court’s final disposition for failing to properly assess the children for potential child abuse at the hands of the custodial parent. (Sixth District of Ohio).
  • Volunteered as an appellate advocate for the Civil Pro Bono Program with the Cleveland Metro Bar Association—a pilot program that provides free appellate services to qualifying applicants.
  • Opposed a writ of mandamus filed before the Ohio Supreme Court seeking the recusal of a visiting judge in a pending case. (Ohio Supreme Court).
  • Defended against a writ of prohibition regarding a trial court’s exercise of personal jurisdiction over a foreign manufacturer (Ohio Supreme Court).
  • Drafted and prosecuted a writ of prohibition on behalf of a lithium battery manufacturer related to the exercise of personal jurisdiction. (Ohio Supreme Court).
  • Drafted appellate briefs and presented oral argument obtaining affirmation of the trial court’s dismissal of the underlying personal injury suit based upon express waiver and assumption of risk. (Twelfth District of Ohio).
  • Drafted appellate briefs and presented oral argument affirming the trial court’s dismissal based upon a lack of duty, the Wellman doctrine and the open and obvious doctrine in catastrophic workplace injury case. (Seventh District of Ohio).
  • Drafted appellate briefs seeking reversal of trial court regarding admissibility of experts in a wrongful death products liability case against a compound bow manufacturer. (Fifth Circuit U.S. Court of Appeals).
  • Drafted appellate briefs and presented oral argument on behalf of a hospital based in a wrongful death medical negligence case on issues involving expert admissibility and sufficiency of evidence (Sixth District of Ohio).
  • In a federal civil rights case, I drafted successful motion to dismiss under the Rooker-Feldman doctrine, which was affirmed on appeal. (Sixth Circuit U.S. Court of Appeals).
  • Drafted appellate briefs and presented oral argument in products liability suit involving an allegedly defective compound arrow based upon trial court irregularities and admission of evidence of other similar incidents. (Fifth District of Ohio).
  • Drafted post-trial motions, appellate briefs, and memorandum in support of jurisdiction to the Ohio Supreme Court in a case involving the same juror rule (Fifth District of Ohio).
  • Drafted briefs and presented oral argument in a breach of contract case involving a motor carrier and sole proprietor truck driver. (Eleventh District of Ohio).
  • Drafted appellate briefs and presented oral argument in a medical negligence appeal involving whether the plaintiff’s claims were time-barred under Ohio’s statutes of repose. (Seventh Ohio District).

Publications

  • “Blaming the Employer: Strategies for Reducing Exposure”, Ohio Lawyer Magazine (Nov. 2016).
  • “Ohio Civ. R. 41(A) Notice of Voluntary Dismissal: How One Word Can Make All the Difference”, Cleveland Metropolitan Bar Journal (July 2013).

Pro Bono & Philanthropy

  • University of Akron School of Law’s Trial Team has benefited from four years of Daniel’s coaching efforts.
  • Daniel also serves as an advisor to the mock trial program at a middle school in East Cleveland, Ohio.