Cummings, James

David M. Cuppage adds a distinct blend of experience and talent to the Climaco firm in a number of legal areas. Skilled in commercial, business, employment, debtor/creditor, real estate, title insurance, construction, municipal, and environmental litigation, white collar criminal defense, and general corporate, real estate, and commercial transactional law, David's range of abilities makes him a valuable member of the firm's litigation and transactional practice.

A 1990 graduate of Cleveland-Marshall College of Law and former Judicial Clerk to Judge Francis E. Sweeney and Judge Donald C. Nugent, Eighth District Court of Appeals, Ohio, Cuppage began his career with the Climaco firm in 1995. Since that time, Cuppage has become involved in all aspects of the Firm's Litigation Department and the Commercial\Corporate Department.

Cuppage has participated in the litigation of many complex civil cases including the following representational and/or reported cases: Variable Annuity Life Ins. Co. v. 113 St. Clair Properties (2010), 2010-Ohio-5373; Kelley v. Kelley & Ferraro (2010), 188 Ohio App.3d 734; Strongsville v. DeBolt (Ohio App. 8th Dist. 2009), 2009-Ohio-650; Chicago Title Ins. Co. v. Resource Title Agency, Inc., U.S. Dist. Court Case No. 1:09 CV 01063 (2009); Middleburg Heights v. Quinones (2008), 120 Ohio St.3d 534, 2008-Ohio-6811(video of oral argument from Oct. 1, 2008 found at: www.supremecourt.ohio.gov/PIO/oralArguments/08/archive/default.asp), Albrecht v. Treon (2008), 118 Ohio St.3d 348, 2008 Ohio 2617; In re Foundry Resins Antitrust Litigation, 242 F.R.D. 393(S.D. Ohio 2007); In re Scottish Re Group Securities Litigation, 524 F. Supp.2d 370 (S.D.N.Y. 2007); Haines v. Kahoon, Cuyahoga County Common Pleas Court ($4,000,000 wrongful death judgment); First Merit Bank v. Washington Square Enterprises, (2007), 2007-Ohio-3920, State ex rel. Roether v. Cleveland Cuyahoga County Port Authority, Case No. CV 06 593203 (granting defendant’s motion for summary judgment); Insituform Technologies USA, Inc. v. Northeast Ohio Regional Sewer District and Marra Constructors, Inc. (granting motion to dismiss); In the Matter of: Tetra-Tech CR, Inc. v. Cleveland-Cuyahoga County Port Authority (successful defense in AAA arbitration); Admiral Holdings, LLC v. Adamany, 2006-Ohio-6945; In re OM Securities Litigation, 226 F.R.D. 579 (N.D. Ohio 2005); MP Star Financial, Inc. v. Cleveland State University, 107 Ohio St.3d 176 (2005); Armaly v. Wapakoneta, 2006 Ohio 3629; Resource Title Agency, Inc. v. Morreale Real Estate Services, Inc., 314 F.Supp.2d 763, 2004 WL 867975 (N.D. Ohio 2004); Miles v. Intellicorp Records, Inc. et al, US Dist. Court, ND Ohio, Case No. 1:04CV888 (2005) (granting summary judgment for defendants); Michael Branan v. Mac Tools, Inc., (Oct. 2003), (summary judgment affirmed in part, reversed in part and remanded, 2004-Ohio-5574 (Ohio 10th Dist. 2004) (jury verdict for defendant); Metro Chemical Environmental Products, Inc. v. Envirochemical, Inc., Cuyahoga County Common Pleas Court, Case No. 511784 (arbitration award); In re: Ford Motor Company Crown Victoria Police Interceptor Products Liability Litigation, U.S. District Court, N.D. Ohio, Case No. 02-CV-1500 (Firm serves as Co-Lead Counsel: argued Memorandum, Opinion and Order on remand motions); In re OM Group, Inc. Securities. Litigation, Master File No. 02 CV 2163 (Firm serves as Co-Lead Counsel reported at 524 F.Supp.2d 370, 226 F.R.D. 579, ($92.4 million settlement)); James W. McHale v. Weston, Inc., Cuyahoga County Common Pleas Court (2004) (six figure jury verdict for plaintiff); James M. Jevak et al v. Gary L. McNaughton, et al, Lorain Cty.C.P.CT., Case No. 03 CV 135541 (2004) (summary judgment in securities action to Plaintiff for $189,000); O'Shea v. Fayard, 2003 WL 21956534 (2003); Ferro Corp. v. Blaw-Knox Food & Chem. Equip. Co., 2002 WL 31260495 (2002); Millstein v. Millstein, 2002 WL 31031676 (2002); State ex rel. White v. Koch (2002), 94 Ohio St. 3d 1409 (granting peremptory writs of mandamus and prohibition) 96 Ohio St. 3d 395; Cleveland ex rel. O’Malley v. White (2002), 148 Ohio App. 3d 564; Olmsted Twp. Bd. of Trustees v. City of Berea 2001 WL 1353668 (2001); Mick Van Hoose, et al. v. City of Cleveland, U.S. District Court, N. D. Ohio, Case No. 1:00 CV 0434 (defense of American with Disabilities Class Action); Berea ex. rel. Ward v. Trupo (2001), 141 Ohio App.3d 772; United Church of Christ v. Gateway Economic Development Corp. of Greater Cleveland, Case No. 1:00 CV 0661 (2001) (Judge O'Malley Memorandum and Order); Mary Ann Rabin v. Anthony Allega Cement Contractors, Inc., Nos. 00AP-1200 and 00AP-1241 (10th Dist. 2001); Hauser v. Cleveland-Cuyahoga County Port Authority, 2000 WL 709017; Committee to Save the Hueletts v. USACE, Case No. 1:99 CV 3046 (2000)(Judge O'Mallery Order dismissing Port Authority) and 163 F.Supp.2d 776; Olmsted Twp. Bd. of Trustees v. City of Berea, (1999) 134 Ohio App. 3d 688; Liberty Steel Products, Inc. v. Francosteel Corp., 57 F.Supp.2d 459 (1999); Olmsted Twp. Bd. of Trustees v. City of Berea, 1999 WL 528511 (1999); Durocher Dock & Dredge, Inc. v. Cleveland-Cuyahoga County Port Authority, Case No. 382262 (1999); Automated Tracking Systems, Inc. v. Great American Ins. Co. (1998), 130 Ohio App.3d 238.

Cuppage is admitted to practice in Ohio; the U.S. District Court, Northern District of Ohio; U.S. District Court, Southern District of Ohio; and the U.S. Sixth Circuit Court of Appeals. He serves as an arbitrator for the Cuyahoga County Court of Common Pleas.

Active in the legal field, he is a member of the Cleveland Metro Bar Association's Intellectual Property Law Committee, the Environmental Law Section and the Business and Banking Law Section, and the Ohio State Bar Association's Intellectual Property Law Section.