Earl K. Messer - Taft Stettinius & Hollister LLP

Earl K. Messer

Listed in Best Lawyers since 2013

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 the 2014 edition of The Best Lawyers in America for his work in the area of construction law.

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

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.

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

United Wesleyan CollegeBS 1977University of CincinnatiMA 1984Northern Kentucky UniversityJ.D. 1991
American Bar AssociationOhio Bar AssociationCincinnati Bar AssociationSpirit of ConstructionVolunteer Lawyers for the PoorFederal Bar Association

Case History

Waste Management, Inc. v. Danis Industries Corp. — We defended the company and individuals against claims by Waste Management for fraud and fraudulent transfer.  The claim was for approximately $50,000,000.  Had Waste Management been successful, it would likely have bankrupted all the defendants.  After a six week trial, all fraud and fraudulent transfer claims were dismissed.
Warm Bros Construction Company v. Commercial Union Insurance Company — I repesented Warm Bros. against its insurer for indemnity and bad faith in connection with a defective construction case.  We achieved a very favorable settlement for the client very early in the case.
Kent v. Cincinnati Insurance Co. — This was a class-action lawsuit on behalf of the insured owners of automobiles who were seeking the diminished market value of their vehicles after accidents.  We were able to get the matter dismissed on the merits.
Bank of America, N.A. v. Corporex Realty & Investment, LLC — We have represented the defendants in a $50 million foreclosure matter in which the defendants have stated counterclaims for breach of the duty of good faith and fair dealing. The bank filed a motion to dismiss these counterclaims which the Court denied, allowing the case to proceed to discovery.

Office Location

425 Walnut Street, Suite 1800
Cincinnati, OH 45202-3957
United States

Lawyer of the Year Awards

2014 Lawyer of the Year in Construction Law of the Cincinnati Metro Area
Earl K. Messer has earned a Lawyer of the Year award for 2014!

Practice Areas

Construction Law

Other Information

Gender: Male