Earl K. Messer

Industry Chair / Partner Cincinnati
Contact Info

Summary

Earl is chair of the firm’s Construction industry group.

Construction Experience
Earl has substantial experience handling complex, multi-party delay and defect claims, disputes over insurance coverage and defense, and claims against sureties. He has represented owners, contractors, subcontractors and sureties. He is listed in Best Lawyers in America and Chambers USA for his work in the area of construction law and has been named a Fellow of Construction Lawyers Society of America .

Real Estate Experience
Earl also has substantial experience with real estate litigation, including commercial foreclosures on offices buildings, hotels, manufacturing facilities, and warehouses, disputes relating to commercial leases, easements, and condominiums, and with receiverships, partitions, and condemnations.

Trial Experience 
Earl has litigated hundreds of complex commercial cases, many through trial or arbitration, including jury trials. Besides construction and real estate cases, he has handled many other commercial disputes, particularly in defending against claims for fraud and fraudulent transfer.

Alternative Dispute Resolution
Earl utilizes mediation regularly, creatively and successfully to accomplish efficient, economical dispute resolution for clients.

Awards

All Service Areas

Education

  • Salmon P. Chase College of Law - Northern Kentucky University (1991)
  • University of Cincinnati (1984)
  • United Wesleyan College (1977)

Admissions

  • Federal - 6th Circuit Court of Appeals
  • Federal - Southern District of Ohio
  • State - Ohio

Notable Matters

  • JPMCC 2004-CIBC10 7th Street Office, LLC v. URS Tower, LLC, 2013 -Ohio- 796, 987 N.E.2d 348 (First District Court of Appeals)
  • Bank of America, N.A. v. Corporex Realty & Investment, LLC, 875 F. Supp. 2d 689 (S.D. Ohio 2012)
  • Pierce Point Cinema 10, LLC v. Perin-Tyler Family Foundation, LLC, 2012 WL 5306126 (12th District Ohio Court of Appeals)
  • United States ex rel., Rieck Group, LLC v. Monarch Constr. Co. (U.S. District Court, S.D. Ohio 2009), 2009 WL 3227325
  • Waste Mgmt. v. Danis Indus. Corp. (U.S. District Court, S.D. Ohio 2009), 2009 WL 347773
  • RPD Long Beach v. Tranter-Hare Inv. Bldg. Corp. (U.S. District Ct., S.D. Ohio 2008), 2008 WL 269444
  • Knowlton Const. Co. v. Liberty Mutual Ins. Co. (U.S. District Court, S.D. Ohio 2008), 2008 WL 7766874
  • Ohio Dept. of Administrative Services v. Design Group, Inc. (Ohio App. 10th Dist. 2007), 2007 WL 4171131, 2007 -Ohio- 6278
  • Knowlton Const. Co. v. Liberty Mutual Ins. Co. (U.S. District Ct., S.D. Ohio 2007), 2007 WL 4365690
  • Kohlbrand v. Ranieri (2005), 159 Ohio App.3d 740, 823 N.E.2d 76, 2005 -Ohio- 295 (2005)
  • Gordon Constr., Inc. v. Peterbilt of Cincinnati, Inc. (Ohio App. 12th Dist., 2004), 2004 WL 2849221, 2004 -Ohio- 6662
  • Waste Mgmt., Inc. v. Danis Indus. Corp. (U.S. District Ct., S.D. Ohio 2004), 2004 WL 5345389
  • Gordon Constr., Inc. v. Peterbilt of Cincinnati, Inc.(Ohio App. 12th Dist., 2003), 2003 WL 22227380, 2003 -Ohio- 5111
  • Waste Mgmt., Inc. v. Danis Indus. Corp. (S.D. Ohio 2003), 247 F. Supp. 2d 1076
  • Kent v. Cincinnati Ins. Co. (Ohio App. 12th Dist. 2001), 2001 WL 1566 969

Professional Affiliations

  • AV Peer Review Rating (LexisNexis/Martindale-Hubbell) (Awarded)
  • American Bar Association (Member)
  • Cincinnati Academy of Leadership for Lawyers (CALL) (Class V)
  • Cincinnati Bar Association (Member)
  • Construction Lawyers Society of America (Fellow)
  • Federal Bar Association (Member)
  • Ohio State Bar Association (Member)

Community Involvement

  • Volunteer Lawyers for the Poor Foundation (Board Secretary)