Providing Solutions To Complex Legal Issues
Derek P. Hartman, Shareholder at Cavitch, Familo & Durkin, Co., brings over a decade of experience to the firm. Licensed in all state and federal courts in Ohio, Derek represents individuals and businesses in complex civil litigation in federal courts, state courts, arbitrations, and mediations throughout Ohio, the United States, and abroad.
Derek has extensive experience representing product manufacturers in breach of contract, breach of warranty, product liability, and consumer-related tort claims. This includes defending one of the “big four” automobile manufacturers against lemon law, breach of warranty, and Consumer Sales Practices Act claims throughout Ohio.
Derek has prosecuted and defended direct and derivative claims involving business owners, shareholders, and directors. He has also briefed and argued a significant case before the Eighth District Court of Appeals involving the Cuyahoga County Court of Common Pleas denial of an application to vacate an arbitrator’s award.
In real estate litigation, Derek has successfully handled disputes involving purchase-sale agreements, leases (including oil and gas leases), easements, and title-related actions, such as adverse possession claims, survey disputes, and quiet-title actions. His leadership in the legal community includes serving on the Futures Commission of the Ohio State Bar Association, contributing to the “Report of the Futures Commission,” and participating in the Cleveland Metropolitan Bar Association Leadership Academy (2022-2023).
Derek’s thought leadership is evident in his published articles, including “Buffing a Dent in the Armor: Mitigating the Risk of a Collateral Attack to a Stipulated Protective Order Using the Opioid MDL as a Case Study” (Cleveland Metropolitan Bar Association Journal, November 2019) and “Recent Legislation Intended to Bolster Cybersecurity” (For the Defense, December 2020). Derek has also been recognized as a Super Lawyers “Rising Star” in 2019, 2022, 2023, 2024, and 2025.
Derek is a dedicated Cleveland sports enthusiast and Browns fan. He enjoys golfing, skiing, and spending time with his wife, Miranda, and their pets, Chloe and Chance, at their home in Cleveland’s Westpark neighborhood.
Practice Areas
- Litigation
- Real Estate Law
- Business Law
Education
- University of Akron School of Law, Akron, Ohio
- J.D.
- Kent State University, summa cum laude, B.A., Psychology, B.A. Paralegal Studies
Bar Admissions
- Ohio
- U.S. District Court Northern District of Ohio
- U.S. District Court Southern District of Ohio
Professional Associations
- Ohio State Bar Association
- Futures Committee, 2017
- Cleveland Metropolitan Bar Association
- Cleveland Metropolitan Bar Association Leadership Academy, 2022-2023.
- The Steak Club Foundation, 2017-2019, 2024-Present
- Super Lawyers – Rising Star, 2019, 2022, 2023, 2024, and 2025.
- Represented former FirstEnergy C-Suite executive as local counsel in class-action lawsuits allegedly arising from the passing of HB6.
- Represented prominent local, national, and international businesses in protecting their brands and reputations through complex litigation involving design patents, copyrights, trademarks, and other intellectual property rights.
- Represented shareholders in securities class action litigation involving the merger of two publicly traded companies, which resulted in a seven-figure settlement for members of the class.
- Represented former owner of industrial property in defending claims for breach of fiduciary duty and other business-related torts, which resulted in a dismissal of the Claimants’ breach of fiduciary duty claim, which was allegedly worth more than 5 million dollars, at summary judgment.
- Represented original equipment manufacturer (OEM) in CERCLA litigation involving an E-Waste facility in Ohio with potential liabilities in the tens of millions of dollars.
- Represented one of the “big four” automobile manufacturers in defending claims for lemon law, breach of warranty (state and federal), and violations of the Consumer Sales Practices Act in courts throughout the entire State of Ohio.
- Represented one of the major petroleum corporations in defending premises liability claims.
- Successfully defended claims for fraud, breach of fiduciary duties, and a judicial partition of real estate seeking $700,000 in damages by asserting counterclaims, which resulted in a nearly six-figure settlement for the Defendant.
- Represented a prominent foreign real estate investor in litigation from a real estate broker’s failure to properly maintain funds in a trust account.
- Represented a manufacturing client in defending a federal FLSA collective action, resulting in a favorable settlement before class certification.
- Represented clients in defense of adverse possession claim concerning property and littoral rights involving land which abuts the shore of Lake Erie.