Daniel Leister is a partner in the Cleveland office of Lewis Brisbois and a member of the General Liability Practice and Appellate Practice Groups. Daniel is an experienced litigator and trial attorney in state and federal courts across the country. Daniel's litigation and trial experience spans a broad range of cases, including commercial/business litigation, medical malpractice, transportation, personal injury, insurance coverage, contract disputes, trade secret misappropriation, labor and employment, real estate land disputes, construction, OSHAA/workplace injuries, ADA violation/compliance, HIPAA violations/compliance, defamation, 1983/civil rights, internet privacy, and class actions.

Appellate Services - "Proactive and Prepared"

Daniel's diverse background makes him a uniquely qualified appellate attorney. Daniel's motto is "proactive and prepared." An appellate lawyer must anticipate legal issues and be prepared to present argument at all stages of litigation--whether before, during, or after trial.  Daniel provides a full-range of appellate services that includes:

Advanced Motion Practice:  Preparing and arguing motions at the trial level, including dispositive motions and motions in limine. 

Trial Submissions:  Preparing and arguing trial-related submissions, including jury instructions, special jury interrogatories, verdict forms, bench briefs, motions for reconsideration, and motions for directed verdict. 

Trial Monitoring:  Attending trial, ensuring issues are properly preserved, and taking lead on legal matters that arise during trial, which frees the trial team to focus on witness preparation and winning the trial.

Post-Trial Submissions:  Preparing and arguing post-trial motions , including motions for new trial, motions to set aside the verdict, and motions for judgment notwithstanding the verdict. 

Appeals:  Handling all matters related to initiating and pursuing appeals, including the record on review, drafting briefs, and presenting oral argument.  

Insurance Coverage

Daniel's practice also includes insurance coverage and helps his clients navigate complicated legal issues and answer difficult coverage questions. Daniel's services include providing coverage opinions, drafting coverage letters, drafting reservations of rights, investigating claims, and conducting EUOs.

Publications

Pro Bono & Philanthropy

Admissions

• State Bar Admissions
  • Ohio
  • Pennsylvania
• United States District Courts
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Northern District of Ohio
  • United States District Court for the Southern District of Ohio
  • United States District Court for the Eastern District of Pennsylvania
• United States Courts of Appeals
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Sixth Circuit

Admissions

Ohio

Pennsylvania

Northern District of Ohio

Southern District of Ohio

Eastern District of Michigan

United States Court of Appeals for the Sixth Circuit

United States Court of Appeals for the Fifth Circuit

Associations

• Public Service Liaison, DRI Retail and Hospitality Division
• Member, CLM
• Cleveland Metropolitan Bar Association
• Ohio State Bar Association
• Pennsylvania Bar Association

Awards & Honors

• "Ones to Watch," Appellate Practice, Product Liability Litigation – Plaintiffs, Transportation Law, Best Lawyers, 2023
• "Ones to Watch," Appellate Practice, Best Lawyers, 2021, 2022 & 2024, 2025
• Ohio Super Lawyers, Rising Star: 2016, 2017, 2018

Education

University of Akron

Juris Doctor, magna cum laude, 2012

Ohio University

Bachelor of Arts, cum laude, 2009

Representative Matters

• Secured reversal of summary judgment on behalf of start-up company research and development laboratory and nutraceutical manufacturer in a multi-party breach of contract and trade secret misappropriation case (Sixth Circuit, U.S. Court of Appeals).
• Secured reversal of $6 million jury verdict in a wrongful death case on behalf of a hospital based upon improper exclusion of evidence. (Ninth District, Ohio Court of Appeals)
• Provided trial monitoring and drafted jury instructions, verdict forms, motions for judgment as a matter of law, and post-trial motions in environmental lawsuit alleging groundwater pollution and seeking $30 million in compensatory and punitive damages. (West Virginia Circuit Court).
• Provided trial monotiling, prepared post-trial motions, and prepared appellate briefs in a complex citizen suit asserting violations of federal environmental statutes. (U.S. District Court, Southern District of West Virginia). 
• Represented a railcar maintenance company named in a $350 million case involving a toxic chlorine spill. Monitored the 6-week trial and drafted trial bench brief on evidentiary issues, motions for non-suit, and post-trial motions. On appeal, drafted briefs in the primary and cross-appeal. (Pennsylvania Superior Court).
• Represented defendants seeking reversal of $2.1 million judgment in a non-compete/ breach-of-contract case brought by their former employer. Drafted post-trial filings and appellate briefs, and presented oral argument before the Superior Court. (Pennsylvania Superior Court)
• Drafted the appellate briefs and presented oral argument in wrongful death action against a nursing home. On remand to the trial court, drafted bench briefs and dispositive motion successfully arguing that the plaintiff’s expert’s testimony was inadmissible and incapable of support the plaintiff’s claims. (Eighth District of Ohio).
• On behalf of a major hotel chain, drafted motions and briefs in multiple state and federal courts seeking transfer of venue in multi-jurisdictional class actions involving alleged human sex trafficking. (Various federal and state courts).
• Represented a start-up R&D company in a business litigation suit between a supplier and a product manufacturer, and drafted appellate briefs and presented oral argument. (Eighth District of Ohio).
• Drafted appellate briefs and presented oral argument in a parental rights case and obtained a reversal of the trial court’s final disposition for failing to properly assess the children for potential child abuse at the hands of the custodial parent. (Sixth District of Ohio).
• Volunteered as an appellate advocate for the Civil Pro Bono Program with the Cleveland Metro Bar Association—a pilot program that provides free appellate services to qualifying applicants.
• Opposed a writ of mandamus filed before the Ohio Supreme Court seeking the recusal of a visiting judge in a pending case. (Ohio Supreme Court).
• Defended against a writ of prohibition regarding a trial court’s exercise of personal jurisdiction over a foreign manufacturer (Ohio Supreme Court).
• Drafted and prosecuted a writ of prohibition on behalf of a lithium battery manufacturer related to the exercise of personal jurisdiction. (Ohio Supreme Court).
• Drafted appellate briefs and presented oral argument obtaining affirmation of the trial court’s dismissal of the underlying personal injury suit based upon express waiver and assumption of risk. (Twelfth District of Ohio).
• Drafted appellate briefs and presented oral argument affirming the trial court’s dismissal based upon a lack of duty, the Wellman doctrine and the open and obvious doctrine in catastrophic workplace injury case. (Seventh District of Ohio).
• Drafted appellate briefs seeking reversal of trial court regarding admissibility of experts in a wrongful death products liability case against a compound bow manufacturer. (Fifth Circuit U.S. Court of Appeals).
• Drafted appellate briefs and presented oral argument on behalf of a hospital based in a wrongful death medical negligence case on issues involving expert admissibility and sufficiency of evidence (Sixth District of Ohio).
• In a federal civil rights case, I drafted successful motion to dismiss under the Rooker-Feldman doctrine, which was affirmed on appeal. (Sixth Circuit U.S. Court of Appeals).
• Drafted appellate briefs and presented oral argument in products liability suit involving an allegedly defective compound arrow based upon trial court irregularities and admission of evidence of other similar incidents. (Fifth District of Ohio).
• Drafted post-trial motions, appellate briefs, and memorandum in support of jurisdiction to the Ohio Supreme Court in a case involving the same juror rule (Fifth District of Ohio).
• Drafted briefs and presented oral argument in a breach of contract case involving a motor carrier and sole proprietor truck driver. (Eleventh District of Ohio).
• Drafted appellate briefs and presented oral argument in a medical negligence appeal involving whether the plaintiff’s claims were time-barred under Ohio’s statutes of repose. (Seventh Ohio District).