Attorney
P. Wesley Lambert Partner
Contact Information
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- Biography
Wesley is Chair of Brouse McDowell’s Litigation Practice Group and is also a member of the firm’s Insurance Recovery Practice Group. In these roles, Wesley has counseled clients through some of their toughest challenges with a pragmatic approach to the litigation process that has earned him an AV® Preeminent™ Peer Review Rating through Martindale-Hubbell and recognition by Ohio Super Lawyers® through a peer- and achievement-based review process.
As a member of Brouse McDowell’s nationally recognized Insurance Recovery Practice, Wesley has handled insurance recovery matters involving claims ranging from several hundred thousand to several hundred million dollars. His experience in this area spans virtually any type of coverage claim, including CGL, Professional Liability, Construction, Directors & Officers, Property, Products Liability, and Cyber insurance. He has helped policyholder clients recognize significant recoveries of insurance assets, representing businesses of all sizes in claims that often are complex and novel.
In addition to his insurance recovery practice, Wesley represents clients in complex business litigation matters, including corporate, real estate, trade secret, FINRA dispute resolution, financial services, construction, and probate litigation. Wesley has litigated matters from intake through appeal in both state and federal courts as well as various alternative-dispute forums.
Finally, while litigation is sometimes unavoidable, he frequently counsels clients on the best path to avoid and resolve issues without engaging in expensive and protracted litigation. Wesley is uniquely positioned, having represented clients on both sides of many issues. He has represented both broker-dealers and investors in financial services litigation; project owners and contractors in construction disputes; and employers and employees in employment matters. This experience enables him to identify issues and leverage points in disputes that may not otherwise be readily apparent.
Wesley is on the Board of Directors for the American Red Cross – Greater Akron and Mahoning Valley Chapter and the Akron Children’s Museum. Wesley resides in Hudson, Ohio with his wife Sarah and two children, Bennett and Henry. He formerly served on the Children’s Education Board with the First Congregational Church of Hudson, where he is a member.
- Professional & Civic Activities
- American Bar Association, Member
- Federal Bar Association, Member
- Cleveland Metropolitan Bar Association, Member
- Ohio State Bar Association, Member
- Judge John M. Manos American Inn of Court, Member
- Articles & Presentations
- “Navigating Crowded Waters: Litigation and Settlement Strategy in Multi-Party and Multi-Insurer Cases,” Co-speaker with Amanda M. Leffler, Brouse McDowell Annual Insurance Coverage Conference, Independence, Ohio (October 20, 2022)
- “6th Circ. Affirms Trucking Co.’s Coverage For $2M Settlement” Media Mention, Law360 (July 7, 2022)
- "Claims Best Practices: Ensuring Your Insurance Claim is Positioned for Success" Co-Speaker Amanda Leffler, NEO RIMS February Virtual Zoom Meeting (February 8, 2022)
- “Don’t Get Shocked - Getting The Coverage You Bargained For,” Co-speaker with Joseph K. Cole, Brouse McDowell Annual Insurance Coverage Conference, Independence, Ohio (October 27, 2021)
- “Zoom jury trial results in $2 million verdict against RLI Insurance” Media Mention, Law360 (March 28, 2021)
- “Trucking Co. Wins $2M Against Insurer Over Injury Claims” Media Mention, Law360 (March 26, 2021)
- "Ohio Court Rules in Policyholder's Favor on Scope of Pollution Exclusion & Settlement," Your Coverage Advisor, Brouse McDowell Insurance Recovery Newsletter Vol. XXV 2020 (December 30, 2020)
- "Defending Corporate Actions by Applying the Business Judgment Rule," Business Litigation Advisory, Brouse McDowell Blog (November 23, 2020)
- "Applicable Statute of Limitations in Declaratory Judgement Actions Depends on the Nature of the Underlying Action," Business Litigation Advisory, Brouse McDowell Blog (October 26, 2020)
- "Policyholders Can Find Support for COVID-19 Business Interruption Claims in Unexpected Places," Host, Insurance Coverage Insights, Brouse McDowell Podcast (May 13, 2020)
- “Protecting Your Trade Secrets and Confidential Information in the Era of Remote Working,” Co-Presenter Kerri L. Keller, Trademark, Copyright, & Trade Secrets, Brouse McDowell Video Client Alert (May 11, 2020)
- “Policyholders Can Find Support for COVID-19 Business Interruption Claims in Unexpected Places,” Insurance Coverage, Brouse McDowell Video Alert (April 28, 2020)
- “Policyholders Find COVID-19 Property Coverage Ally in Pennsylvania Supreme Court,” Insurance Recovery, Brouse McDowell Client Alert (April 20, 2020)
- “Tips and Practical Advice on COVID-19 Insurance Coverage," Co-speaker with Stacy RC Berliner, Lucas M. Blower, Jodi Spencer Johnson, Amanda M. Leffler, and Andrew W. Miller, Brouse McDowell Webinar (April 17, 2020)
- “Webinar: Insurance & HR Issues,” Panelist, Home Builders Association Serving Portage and Summit Counties (April 9, 2020)
- “Sixth Circuit Affirms Federal Declaratory Relief in Insurer’s Favor Despite Pending State Law Claim," Co-Author Ethan Weber, Insurance Coverage Counselor, Brouse McDowell Blog (January 2, 2020)
- “Hot Issues in Cyber Coverage,” co-speaker with Craig S. Horbus and Amanda M. Leffler, Brouse McDowell Annual Insurance Coverage Conference, Independence, Ohio (October 10, 2019)
- "Calamities: Business Interruption Coverage, from Underwriting to Damages," co-speaker with Jim Paskell LLM, LLC and Mary Marley, Oswald Companies; Brouse McDowell Annual Insurance Coverage Conference, Independence, Ohio (October 11, 2018)
- "Maximizing Insurance Coverage For Cybercrime Losses," Cleveland Metropolitan Bar Journal (February 2018)
- "Coverage for Construction Defect Claims May Hinge on a Clearly Defined Scope of Work," American Bar Association (June 27, 2017)
- "When It Comes to Coverage for Cyber Crime Losses, Is Your Loss “Direct”Enough?" American Bar Association (April 28, 2017)
- "A Litigator's Perspective: 10 Things that Can Make or Break Your Case in a Construction Dispute," Brouse McDowell Litigation Webinar Series (June 30, 2016)
- "Ohio Supreme Court Broadens Workers’ Compensation Immunity for Subcontractors Participating in Self-Insured Projects," Construction & Coverage Law Seasonal Newsletter (June 16, 2016)
- "Leveraging Ohio’s Mechanic ’s Lien Statute" Construction & Coverage Law Seasonal Newsletter (May 26, 2016)
- "Navigating Ohio's Prompt Pay Statute," Construction & Coverage Law Seasonal Newsletter (April 28, 2016)
- "Documenting Changes in Your Project" Construction & Coverage Law Seasonal Newsletter (April 6, 2016)
- "Dodd-Frank in Year One: Reviewing the Registration Act and Implementing Rulemaking," Banking & Financial Services Policy Report (November 2011)
- "Impact of the Dodd-Frank and Registration Acts of 2010 on Investment Advisers," 13 Duquesne Business Law Journal 30 (2011)
- "The Supreme Court's Review of Jones v. Harris Associates and section 36(b) Claims Under the Investment Company Act of 1940 - A Perspective and Analytical View," Duquesne Business Law Journal 63 (2009)
- "A Critique of the Need for the Additional Criminal Securities Fraud Section in Sarbanes-Oxley," 53 Case W. Res. L. Rev. 839 (Spring 2003)
- Representative Engagements
- P.I. & I. Motor Express, Inc. v. RLI Ins. Co., , 40 F.4th 398 (6th Cir. 2022), reh'g denied, No. 21-3412, 2022 WL 3237465 (6th Cir. Aug. 10, 2022) ‒ affirming jury verdict and denial of summary judgment
- P.I. & I. Motor Express, Inc. v. RLI Ins. Co., , 499 F. Supp. 3d 486, 490 (N.D. Ohio 2020) ‒ denying summary judgement to insurer on claim under CGL policy
- Motorists Mut. Ins. Co. v. Ironics, Inc., , 2022-Ohio-841 ‒ amicus brief arguing for affirmance of judgement in favor of policyholder on issue of first impression under Ohio law
- Locum Med. Grp., L.L.C. v. VJC Med., L.L.C.,, 8th Dist. Cuyahoga No. 102512, 2015-Ohio-3037 ‒ argued and secured affirmance of decision denying motion to stay proceedings and compel arbitration
- Nat’l Credit Union Admin. Bd. v. Jurcevic, 2014 U.S. Dist. LEXIS 147233 (Oct. 15, 2014) ‒ dismissal of fraud, conversion and unjust enrichment claims asserted by the National Credit Union Administration Board
- Ault v. Oberlin College, 2014 U.S. Dist. LEXIS 119540 (N.D. Ohio, Aug. 26, 2014) ‒ complete dismissal of all claims arising under O.R.C. Chapter 4112 and common law against individual defendant
- Maruschak v. City of Cleveland, 2010 U.S. Dist. LEXIS 52811, at *19 (May 28, 2010) ‒ dismissal of due process and other claims against city employee
- Odeh v. Auto Club Ins. Ass'n,, 2010 U.S. Dist. LEXIS 4431, at *24 (Jan. 20, 2010) ‒ finding lack of personal jurisdiction over defendant and transferring case to different forum
- Representation of investors before FINRA arbitration panels in claims alleging unsuitability and fraud
- Represented issuer of securities in exempt multi-million dollar offering under Regulation D
- Successful defense and resolution of fraud and contract claims against construction company and owner
- Locum Med. Grp., L.L.C. v. VJC Med., L.L.C., 8th Dist. Cuyahoga No. 102512, 2015-Ohio-3037, ¶ 1 ‒ argued and secured affirmance of decision denying motion to stay proceedings and compel arbitration
- Distinctions
- Ohio Super Lawyers® through a peer- and achievement-based review conducted by the research team at Super Lawyers, a service of the Thomson-Reuters legal division. — 2016-2023
- Rising Stars™ through a peer- and achievement-based review conducted by the research team at Super Lawyers®, a service of Thomson Reuters legal division — 2012-2016
- Passed Series 65 Uniform Investment Adviser Law Examination
- AV® Preeminent™ Peer Review Rated through Martindale-Hubbell
