Providing Solutions To Complex Legal Issues
Derek P. Hartman, Shareholder at Cavitch, Familo & Durkin Co., brings over a decade of litigation experience, representing individuals and businesses in complex civil disputes across Ohio, the United States, and internationally. Licensed in all state and federal courts in Ohio, he advocates for clients in high-stakes federal and state court cases, arbitrations, and mediations.
A trusted legal advisor in product liability and commercial litigation, Hartman has successfully defended product manufacturers in breach of contract, breach of warranty, and consumer-related tort claims. His work includes representing one of the “Big Four” automobile manufacturers in lemon law, breach of warranty, and Consumer Sales Practices Act cases statewide.
Business litigation is another key focus. He has extensive experience prosecuting and defending 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, challenging the Cuyahoga County Court of Common Pleas’ denial of an application to vacate an arbitrator’s award.
In real estate litigation, Hartman has successfully handled disputes related to purchase-sale agreements, commercial and residential leases—including oil and gas leases—easements, adverse possession claims, survey disputes, and quiet-title actions. His leadership within the legal community includes serving on the Futures Commission of the Ohio State Bar Association, contributing to the influential Report of the Futures Commission, and participating in the Cleveland Metropolitan Bar Association Leadership Academy (2022-2023).
A thought leader in civil litigation and cybersecurity law, Hartman has authored articles such as 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). His professional achievements have earned him recognition as a Super Lawyers “Rising Star” in 2019, 2022, 2023, 2024, and 2025.
Hartman stays abreast of litigation trends and defense strategies as a member of the Defense Research Institute (DRI) and the Ohio Association of Civil Trial Attorneys (OACTA).
Outside his legal practice, he is an avid Cleveland sports fan and a dedicated Browns supporter. Golfing, skiing, and spending time with his wife, Miranda, and their pets, Lucy, Chloe, and Chance, at their home in Cleveland’s Westpark neighborhood are among his favorite pastimes.
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
-
Defense Research Institute
-
Ohio Association of Civil Trial Attorneys
- 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.