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Phone: (419) 931-6912
Fax: (419) 931-6181
Email:
Areas of Practice:
Insurance Recovery
Business Litigation
Indemnity Contracts
Licensed:
Ohio, Florida
U.S. Supreme Court
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Northern District of Texas
Education:
University of Toledo School of Law, 1978, J.D. cum laude
University of Toledo, 1975, B.A. cum laude
- Joseph Thacker - Shareholder
Joe is a shareholder in Thacker Martinsek LPA, which he co-founded in 2010 after practicing for 28 years with Cooper & Walinski, LPA. He practices civil litigation, most often involving claims for indemnity under both insurance and acquisition/divestiture agreements. In the insurance context, he represents policyholders seeking indemnity for many types of losses, including those arising from environmental, asbestos and product liabilities. He has represented policyholders in coverage litigation in California, Florida, Illinois, Indiana, Massachusetts, New Jersey, Ohio, Pennsylvania, and Texas.
Joe also has been trial counsel in a number of significant disputes arising out of acquisition/divestiture agreements.
Joe serves as national discovery counsel for a major manufacturer and is a member of the Panel of Commercial Arbitrators of the American Arbitration Association.
Joe is a member of the bar in Ohio and Florida and is a life fellow of the Ohio State Bar Foundation (the professional honorary for Ohio lawyers). He has been listed for several years in both Ohio Super Lawyers and Best Lawyers in America® in which he is named a "Bet The Company" litigator in the 2010, 2011 and 2012 Corporate Counsel Editions. Joe is one of a distinguished group of attorneys who have now been listed in Best Lawyers® for ten years or longer.
He is a frequent lecturer at prestigious gatherings, including meetings of the Risk & Insurance Management Society (RIMS) National Conference (in 2006, Honolulu and 1999, Dallas) and the ABA Section of Litigation Annual Insurance Coverage Litigation Seminar in Tucson, Arizona. He co-authored Litigating the International Case, a paper prepared for the Manufacturers Alliance Product Liability and Product Safety Council meeting in April 1998. Joe was an Assistant Prosecuting Attorney in Lucas County, Ohio from 1978 to 1981.
Honors and Awards
- Best Lawyers in America® ("Bet The Company" litigator in the 2010, 2011 and 2012 Corporate Counsel Editions; Commercial Litigation; Insurance Law)
- Martindale-Hubbell "AV Preeminent" rating
- Fellow of the American Bar Foundation (honorary membership is limited to one-third of 1% of American lawyers
- Ohio State Bar Foundation (the professional honorary for Ohio lawyers)
- Ohio Super Lawyers
Professional Memberships:
- Toledo Bar Association
- Ohio Bar Association
- The Florida Bar
- American Bar Association
Representative Cases:
- Continental Ins. Co. v. Honeywell Int'l, Inc., 406 N.J. Super. 156, 967 A.2d 315 (N.J. Super. Ct. App. Div. 2009). (Anti-suit injunction in multi-state litigation context);
- Pilkington N. Am., Inc. v. Travelers Cas. & Sur. Co., 112 Ohio St.3d 482, 861 N.E.2d 121 (2006). (Assignment of insurance rights for environmental liabilities in merger and acquisition context);
- TRINOVA Corp. v. Pilkington Bros., P.C., 70 Ohio St.3d 271, 638 N.E.2d 572 (1994). (Application of contract integration clause to related agreements executed in connection with divesture of business);
- Kathy Rollison v. City of Key West, 875 So.2d 659 (Fla. 3d Dist. App. 2004). (Land use restrictions involving non-conforming use of property for transient rentals);
- Dana Corp. vs. Hartford Accident and Indemnity Co., Case No. l49D01-CP-0026, Marion Circuit Court of Marion County, Indiana. (Complex litigation, involving approximately 50 insurers, dealing with liability coverage for environmental liabilities);
- Dana Corp. v. American Home Assurance Co., Case No. 99-CV-2991, United States District Court for the Eastern District of Pennsylvania (Claim involving insurance coverage for major theft loss);
- Dana Commercial Credit Corp. vs. The Federal Insurance Co., Case No. C-93-02054-WHO, United States District Court for the Northern District of California. (Claim involving insurance coverage for major loss in complex leasing scam);
- The Continental Insurance Co. vs. Manor Care of Boca Raton, Inc., Case No. 0000-CV-8893, United States District Court Southern District of Florida. (Liability coverage for professional liability, punitive damages, and attorney fees);
- ManorCare Health Services, Inc. vs. PHICO Insurance Co., Case No. 99-14632-CA CV-E, Circuit Court for the Fourth Judicial Circuit in and for Duval County, Florida. (Liability coverage for professional liability, punitive damages, and attorney fees).
Publications:
- Joseph P. Thacker, Andrew W. Miller, Brian D. Heskamp, and Nicholas J. Hammond, Do Rights Transfer Under Occurrence-Based General Liability Policies After the Sale of a Business?, The Brief 53 (Fall 2011)
- Joseph P. Thacker and Richard S. Walinski, Allocation In all-Sums Jurisdictions: Can Insurers Collect From Policyholders? Coverage (July/August 2007)
- Joseph P. Thacker and Michael Q. Murray, International Issues in Litigation, Manufacturers Alliance Product Liability and Product Safety Council (April 1998)
Speaking Engagements/Seminars Taught:
- “Effectively Managing Your Insurance Claim” - CLE Seminar, Thacker Martinsek LPA - Cleveland, OH (December 2011)
- “Taking Control of Litigation: Strategies for Managing Results and Controlling Costs” - CLE Seminar, Thacker Martinsek LPA - Cleveland, OH (November 2011)
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