Matthew J Burkhart

Matt has maintained a successful litigation and trial practice for nearly 15 years in Columbus, Ohio. Matt represents a wide variety clients in a wide variety of commercial disputes and tort litigation.

Matt started his legal career in 1997 with Porter Wright Morris & Arthur LLP. While there, Matt was part of a successful trial team in an international securities lending trial in Stamford, Connecticut. In 2000, Matt joined Arter & Hadden LLP’s business litigation department and later joined with other attorneys in that office in the new firm Bailey Cavalieri LLC.

While at Bailey Cavalieri, Matt continued his successful litigation practice on behalf of a wide variety of clients.

Education

• The University of Virginia School of Law (1997)
• Wittenberg University (B.A., Political Science, 1994; summa cum laude; Phi Beta Kappa)

Jurisdictions Admitted to Practice

• Ohio, 1997
• U.S. District Court for the Southern District of Ohio (2001)
• U.S. District Court for the Northern District of Ohio (2004)
• United States Court of Appeals for the Sixth Circuit (2007)
• United States Court of Appeals for the Eleventh Circuit (2010)

Bar Associations and Other Memberships

• Columbus Bar Association
• Ohio Bar Association

Recognitions/Awards

• Ohio Rising Star 2006, 2007, 2009, 2010, 2011

Practice Areas

• Business/Commercial Litigation, Insurance Coverage Litigation, Personal Injury, Health Care Litigation, Aviation Law, Wrongful Death, Employment disputes

Industry Areas

• Aviation, Trademark/trade secret, Insurance

Featured Cases and Matters

• Mount Carmel Health Systems
  • While at Bailey Cavalieri, Matt was part of a trial team for Mount Carmel Health Systems in an arbitration that resulted in an award requiring United Healthcare of Ohio to pay Mount Carmel over $34,000,000.
• Arch Insurance Company
  • In Continental Cas. Co. v. Auto Plus Ins. Agency, LLC, No. 3:08-cv-01889 (N.D. Ohio filed Aug. 6, 2008), Matt sought summary judgment on the causes of action against his client, Arch Insurance Company. The Plaintiff wholly abandoned its causes of action following a review of the motion Matt filed.
• St. Paul Mercury Insurance Company
  • Matt represented St. Paul Mercury Insurance Company in Miller v. St. Paul Mercury Ins. Co., 2009 WL 6417804 (D. Md. Mar. 24, 2009) in which a $3 million dollar insurance policy was at stake. As counsel for St. Paul, Matt moved to dismiss the plaintiff’s complaint. Notwithstanding the plaintiff’s arguments that the policy was ambiguous and violated public policy, the Court dismissed the complaint and found his arguments to be frivolous.
• Old Republic Insurance Company
  • In HLTH Corp. v. Clarendon Nat’l Ins. Co., 2009 Del. Super. LEXIS 437 (Super. Ct. Del. July 15, 2009), the court granted Old Republic’s motion for summary judgment filed by Matt on Old Republic’s behalf and enforced a policy exclusion barring coverage under Old Republic’s $15 million insurance policy. Had the Court found coverage, Old Republic would have had to pay the entire $15 million to cover the plaintiff’s defense costs incurred in an underlying lawsuit.
• Old Republic Insurance Company
  • In Axis Reins. Co. v. HLTH Corp., 2010 Del. LEXIS 183 (Del. Supreme Ct. Apr. 22, 2010), the Delaware Supreme Court affirmed the trial court’s award of summary judgment to Old Republic on prior notice grounds and reversed the trial court’s denial of summary judgment on prior acts grounds. As a result, Old Republic avoided having to pay any of its $10 million policy which otherwise would have been exhausted by defense costs.
• Federal Insurance Company
  • In Castelli v. Patmon, No. CV-02-481994 (Mar. 12, 2007), Executive Risk Indemnity, Inc. moved to dismiss the plaintiff’s amended complaint, which sought to impose on Executive Risk the liability of its insured. After reviewing the motion to dismiss, the Court sua sponte denied the plaintiff’s attempt to amend the complaint, which ended any possibility of recovery against Matt’s client.
• St. Paul Mercury Insurance Company
  • In Bank of Soperton v. FirstCity Bank, No. 09-CV-2613 (Ga. Super. Ct. filed June 29, 2009) and First Citizens Bank v. FirstCity Bank, No. 09-CV-2612 (Ga. Super. Ct. filed June 29, 2009), St. Paul moved to dismiss the plaintiff’s two direct-action complaints seeking insurance coverage under St. Paul’s $1 million insurance policy. After reviewing the motions, the plaintiffs (represented by common counsel) dismissed its claims against St. Paul.
• Westchester Surplus Lines Insurance Company
  • In Franz v. Allegheny Investments, Ltd., No. 1:08-cv-01983 (N.D. Ohio filed Aug. 15, 2008), the plaintiff abandoned its claims against Westchester (seeking coverage under the $3 million insurance policy issued by Westchester) immediately following a hearing before the Judge during which the merits of Ace’s yet-to-be-filed motion for summary judgment were argued.
• Old Republic Insurance Company
  • In Connolly, Plan Admin. for SONICblue Inc. v. Admiral Ins. Co., et al., 2010 WL 2034798 (N.D. Cal. May 19, 2010), the court granted Old Republic’s motion for summary judgment finding that Old Republic had no obligation to the SONICblue Plan Administrator.

Featured Pro Bono Activities

• The City of Chillicothe
  • Represented the City of Chillicothe following the City’s receipt of a complaint regarding invocations given at the opening of City Council meetings and advised the City with respect to its development of a formal policy regarding such invocations.
• Ohio Supreme Court Amicus Brief
  • On behalf of 31 pro-family organizations), assisted in the drafting of an amicus brief to the Ohio Supreme Court regarding the installation of video lottery terminals (VLTs) at various locations in Ohio.

Non-Legal Activities

• Upper Arlington Lutheran Church Council
• Upper Arlington Lutheran Church worship team drummer
• Assistant Coach, Little Bear Tee Ball
• Assistant Coach, Bearcub Baseball