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Michael J. Ruttinger

Counsel
Cleveland, OH | D 216.696.4456 | F 216.592.5009
overview

Michael Ruttinger applies his experience as a law clerk on the United States Court of Appeals for the Sixth Circuit to appellate, class action, commercial, and complex litigation in state and federal courts across the country.

Mike has crafted winning briefs in the United States Court of Appeals for the Fifth and Sixth Circuits, and in more than 20 federal district courts, related to motions to dismiss, motions for summary judgment, challenges to class certification, and motions to exclude unreliable expert opinions. Mike also specializes as a consultant on federal regulatory schemes and preemption defenses, which he has leveraged to secure dismissal of state-law claims that conflict with provisions of the Food, Drug and Cosmetic Act.

Mike grew up in Kentucky, before moving to Ohio and later Michigan to attend law school at the University of Michigan. He and his wife reside in Cleveland Heights with their fur-family, where they frequently volunteer with and support Cleveland’s arts community. Mike is also a nine-time marathoner and long-course triathlete.

Ohio Supreme Court Briefs and Arguments
education & admissions

education

  • University of Michigan Law School (J.D., magna cum laude, 2008); Order of the Coif; Michigan Law Review, Contributing Editor
  • College of Wooster (B.A., summa cum laude, 2005); Phi Beta Kappa; Aileen Dunham Prize in History

state admissions

  • Ohio, 2008

federal admissions

  • United States Court of Appeals, Fourth Circuit
  • United States Court of Appeals, Fifth Circuit
  • United States Court of Appeals, Sixth Circuit
  • United States District Court, Northern District of Ohio
  • United States District Court, Southern District of Ohio
experience

Representative Decisions

  • Collaborated with Tucker Ellis lawyers and outside counsel to procure a decision from the Supreme Court of the United States holding that failure-to-warn claims alleged against the manufacturers of generic drugs are preempted
  • Secured affirmance of a summary judgment decision dismissing design-defect claims alleged against a brand-name prescription drug manufacturer as preempted by the FDCA from the United States Court of Appeals for the Sixth Circuit
  • Procured a decision from the United States Court of Appeals for the Fifth Circuit affirming a trial court decision dismissing all of the plaintiff’s Louisiana state-law claims against a generic prescription drug manufacturer as impliedly preempted by federal law
  • Crafted a defendant-appellee’s brief to the Fifth Circuit arguing that the mandate rule justified affirmance of a trial court decision denying the plaintiff’s motion to alter or amend a judgment rendered on remand from the Supreme Court of the United States
  • Prepared briefing for the United States Court of Appeals for the Sixth Circuit encouraging the court to reject a plaintiff’s application for a writ of mandamus challenging a transfer decision issued by the Judicial Panel on Multidistrict Litigation
  • Drafted motions for summary judgment and to exclude plaintiffs’ proffered expert witnesses in consolidated multidistrict litigation involving a complex prescription drug medication that had been part of a recall
  • Obtained a decision from the Northern District of Ohio dismissing with prejudice a putative consumer class-action lawsuit, including claims for breach of warranty, unjust enrichment, and fraudulent concealment
publications & events

Speaking Engagements

  • "The Supreme Court Year in Review – 2016-2017 Term: Mapping the New Court's Uncertain Course" and "Data Breach Class Actions," 2017 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2017)
  • "Generation Give," Ideastream, Cleveland, Ohio (December 2016)
  • "U.S. Supreme Court Round-Up," 2016 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2016)
  • "U.S. Supreme Court Round-Up" and "How the Third Wave of the Internet Will Revolutionize Legal Services," 2015 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2015)

Publications

honors
affiliations
in the community

Civic & Professional Involvement

  • Cleveland Metropolitan Bar Association
  • Federal Bar Association
  • Ohio State Bar Association
  • Legal Alumni of Wooster
    • College Committee, Chair
  • Column & Stripe: The Young Friends of the Cleveland Museum of Art, Vice President