Frank H. Scialdone

Cleveland Office

100 Franklin’s Row
34305 Solon Road
Cleveland, OH 44139
T: 440.424.0021
F: 440.248.8861
E: fscialdone@mrrlaw.com

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FRANK H. SCIALDONE

PARTNER


AREAS OF PRACTICE

Mr. Scialdone focuses his practice on appellate advocacy in state and federal courts with an emphasis on employment law, constitutional torts (Section 1983), public entity defense, and insurance defense. He has handled more than 300 appellate cases in the Ohio Supreme Court, Ohio’s intermediate appellate district courts, and the Sixth Circuit Court of Appeals. He routinely consults with trial attorneys on error preservation and pre-appeal strategy. Frank has prosecuted and defended original actions (e.g., mandamus, prohibition, etc.) and has submitted amicus curiae (friend of the court) briefing on behalf of clients and organizations, including the County Commissioners Association of Ohio and the Ohio Association of Civil Trial Attorneys.

Mr. Scialdone is one of the first attorneys to be certified as a specialist in appellate law by the Ohio State Bar Association. His trial practice focuses primarily on the defense of public entities and their employees in federal and state courts. Prior to joining MRR, Frank worked as a news reporter and magazine editor, covering issues related to the medical and construction industries.


PROFESSIONAL ORGANIZATIONS
  • Ohio State Bar Association
  • American Bar Association
  • Cleveland Metropolitan Bar Association
    • Appellate Committee of Litigation Section – Articles Editor (2005-2016); Member (2005-present)
  • Ohio Association of Civil Trial Attorneys (OACTA)
    • Government Liability Committee, Chairman (2008-present)
    • Appellate Committee, Member (2008-present)
  • Defense Research Institute (DRI)
ACCOMPLISHMENTS
  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Certified Specialist in Appellate Law, Ohio State Bar Association
  • Named an “Ohio Super Lawyer” in Appellate Law by Super Lawyers magazine (2015-2021)
  • Named an Ohio Super Lawyers “Rising Star” in Appellate Law by Ohio Super Lawyers magazine (2011 & 2012)
  • Recipient of Ohio Association of Civil Trial Attorneys’ Distinguished Service Award (2008 & 2011)
  • Appointed to Ad Hoc Independent Review Panel for OSBA Appellate Specialization Appeal (2010 & 2012)
  • Recipient of CALI Award for Excellence in Legal Research, Writing and Advocacy
  • Recipient of CALI Award for Excellence in Transactional Drafting
PRESENTATIONS
  • “Federal Appellate Practice” – 2nd Nathaniel R. Jones Federal Court Institute, Akron Bar Association/University of Akron School of Law (2012)
  • “Governmental Liability Seminar, Ohio Association of Civil Trial Attorneys (2011)
  • “Governmental Immunity” – Ohio Association of Magistrates Fall Conference Common Pleas/Appellate, Supreme Court of Ohio Judicial College (2010)
  • “Post-Appellate Judgment Motion Practice” – Appellate Advocacy Seminar, Ohio Association of Civil Trial Attorneys Appellate Committee (2009)
  • “Timing is Everything: Strategic Use of Interlocutory Immunity Appeals” – Ohio Association of Civil Trial Attorneys Annual Meeting (2008)
PUBLICATIONS
  • “Recreational User Immunity Overview: A Safe Haven for Political Subdivisions that Freely Open Their Lands for Recreational Use” – Ohio Association of Civil Trial Attorneys, Quarterly Review, Vol. 9, Issue No. 4, 2015
  • “Do Interlocutory Appeals of Orders that Deny Immunity Under Ohio Rev. Code 2744.02(C) Require Civ. R. 54 (B) Certification in Multi-Party/Claim Cases?” – Ohio Association of Civil Trial Attorneys, Quarterly Review, Vol. 1, No. 3, 2008
  • “Orders that Deny Immunity to Political Subdivisions Under Ohio Revised Code Chapter 2744 Are Subject to Immediate Appeal” – Defense Research Institute, Governmental Liability Section Newsletter, Vol. 1, No. 4, Winter, 2007
BAR ADMISSIONS
  • Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Supreme Court
EDUCATION
  • J. D., 2002, Cleveland State University, Cleveland-Marshall College of Law
    • magna cum laude
    • Cleveland-Marshall Journal of Law and Health, Executive Editor
  • B.A., 1994, Nazareth College of Rochester
    • Major: English Literature
    • Honors and Dean’s List
SELECTED RECENT CASES

– Galloway v. Anuszkiewicz, 6th Cir. No. 12-3367, 2013 WL 1149679 (March 21, 2013) (Successfully affirmed dismissal of Section 1983 claims against prison official arising from jail suicide.)
– Coleman v. Portage Cty. Engineer, 133 Ohio St.3d 28, 2012-Ohio-3881, 975 N.E.2d 952 (On brief, successfully reversed denial of statutory tort immunity in which Supreme Court resolved a substantial conflict among intermediate district appellate courts.)
– Saks v. E. Ohio Gas Co., 971 N.E.2d 498, 2012-Ohio-2637 (8th Dist.) (Favorably affirmed summary judgment of claims against gas supplier for purported violations of contract, Consumer Sales Practices Act, and fraud. Successfully defended request for the Supreme Court of Ohio to review the case.)
– Proctor v. Morgan, 8th Dist. No. 97404, 2012-Ohio-2066, 2012 WL 1649820 (Favorably defended bar owner and bar in claim against them arising from bar patron’s assault on another patron.)
– Rhodes v. New Philadelphia, 129 Ohio St.3d 304, 951 N.E.2d 782, 2011-Ohio-3279 (On brief, successfully reversed intermediate appellate court in a case of first impression on the scope of the forfeiture provision contained in the Ohio’s Public Records Act.)
– Blue Heron Nurseries, L.L.C. v. Funk, 186 Ohio App.3d 769, 2010-Ohio-876, 930 N.E.2d 824 (9th Dist.)(Reversed permanent injunction against public entity to enforce zoning regulations. Successfully defended request for the Supreme Court of Ohio to review the case.)
– Painesville Mini Storage, Inc. v. Painesville, 124 Ohio St.3d 504, 924 N.E.2d 357, 2010-Ohio-920 (Successfully defended mandamus ruling in the Supreme Court of Ohio on whether equitable tolling applied in takings case.)
– State ex rel. Andwan v. Greenhills, 191 Ohio App.3d 209, 945 N.E.2d 588, 2010-Ohio-5962 (Successfully reversed adverse judgment in public records case. Successfully defended jurisdictional request in Supreme Court of Ohio.)
– Sullivan v. Anderson Township, 122 Ohio St.3d 83, 2009-Ohio-1971, 909 N.E.2d 88 (Appearing as amicus curiae, successfully argued that an order that denies immunity to public officials/entities is immediately appealable even without the trial court’s certification in a multi-party/claim case.)
– Chandler v. Village of Chagrin Falls, 6th Cir. No. 07-3169, 2008 WL 4523585 (Oct. 8, 2008)(Reversed jury verdict in Section 1983 procedural due process claim and a six-figure attorney fee award in the Sixth Circuit Court of Appeals.)
– S.H.A.R.K. v. Metro Parks Serving Summit County, 499 F.3d 553 (6th Cir. 2007)(Affirmed district court’s favorable judgment dismissing animal rights organization’s First Amendment claims.)
– Gaydosh v. Procop, 9th Dist. No. 23194, 2006-Ohio-6557, 2006 WL 3616712 (Successfully affirmed dismissal of defamation claims against public official.)
– Barr v. HCF, Inc., 12th Dist. No. CA2005-02-008, 2005-Ohio-6040, 2005 WL 3031723 (Favorably reversed trial court’s refusal to enforce arbitration clause in a nursing home contract.)
– Poland Twp. Bd. of Trustees v. Swesey, 7th Dist. No. 02 CA 185, 2003-Ohio-6726, 2003 WL 22946148 (Favorably reversed jury verdict on employee’s claims of wrongful discharge, estoppel, and due process and equal protection violations.)