Jennifer Mesko

Practice Areas

• Insurance

• Class Action Litigation

• Business Litigation

• Life Sciences Litigation

Career

As Co-Chair of Tucker Ellis’s Class Action Group, Jennifer Mesko defends and advises companies in a diverse range of class action matters in trial and appellate courts nationwide.

Jennifer has a nationwide class action practice in the areas of insurance, consumer claims, product advertising and labeling, and data breach and data privacy. Jennifer takes a holistic approach to litigation, taking the time to understand our clients’ goals before preparing a litigation strategy. She is adept at each stage of litigation – from crafting novel dispositive and class certification arguments to fashioning comprehensive discovery strategies and skillfully developing facts crucial for successful motion practice. Jennifer is also skilled at identifying and preparing a spectrum of witnesses, including corporate representatives and experts.

Jennifer also briefs novel legal matters in both trial and appellate courts nationwide, including cutting-edge class action issues and novel preemption and jurisdictional arguments. She also routinely lectures at law schools and presents at CLEs and similar events on class action-related topics. She also co-chairs the ABA’s National Institute on Class Actions.

Jennifer’s litigation prowess extends beyond class actions. She also handles commercial disputes, insurance bad faith actions, rescission claims, and complex insurance coverage issues.

Professional Memberships

• American Bar Association, Class Actions and Derivative Suits Section: National Institute on Class Actions, Co-Chair; Consumer Law Subcommittee, Co-Chair

• Cleveland Metropolitan Bar Association

Publications

• Ohio Insurance Coverage (2013– 2025 Editions), Thomson Reuters

• “Federal Judge Vacates $228M Damages Award in BIPA Trial and Orders New Damages Trial,” Tucker Ellis Client Alert (2023)

• “Illinois Supreme Court Holds BIPA Claims Accrue with Each Alleged Scan,” Tucker Ellis Client Alert (2023)

• “Recoupment of Defense Costs: When Can an Insurance Company Get Defense Costs Back From the Insured?“, Cleveland Metropolitan Bar Journal (2022)

• “INSIGHT: Coronavirus Raises Novel Business Insurance Issues,” Bloomberg Law (2020)

• “The Un-Easy Street of Class Action Settlements: Strategies for Preventing and Mitigating Fraud in Claims Administration,” ABA Section of Litigation, Class Actions & Derivative Suits (2019)

• “Illinois Supreme Court Rules in Biometric Information Privacy Act Case,” ABA Section of Litigation, Class Actions & Derivative Suits (2019)

• “Illinois Supreme Court Rules in Favor of Consumers in Landmark Biometric Case,” Tucker Ellis Client Alert (2019)

• “Status Quo Maintained: Supreme Court of Delaware Precludes Stockholder Derivative Claims,” American Bar Association, Class Actions & Derivative Suits (2018)

• “Third Circuit Emphasizes the Need to Provide Reasonable Notice of Arbitration Clauses,” American Bar Association, Class Actions & Derivative Suits (2017)

• “How to Remove Multi-Plaintiff Cases Involving Personal Jurisdiction Challenges and Avoid Subject Matter Remand,” DRI’s RX for the Defense (2015)

• “Medical Malpractice and Sarcoma Care-Sarcoma Malpractice: Who is at Risk?“, Journal of Surgical Oncology (2014)

• “It’s Not Form Over Substance – Procedural Fundamentals of Making and Reviewing a Claim,” Cleveland Metropolitan Bar Association Journal (2014)

• “Unpeeling the Layers of Recall, Contamination Policies,” Law360 (2012)

SPEAKING ENGAGEMENTS

• “The Future of Artificial Intelligence and Class Action Practice,” ABA 2024 Class Actions National Institute, Nashville, Tennessee (2024)

• “AI and Insurance,” Cleveland Metropolitan Bar Association Fall 2024 Insurance Law Seminar (2024)

• “Class Action Law and Practice,” Guest Lecturer, Boston College Law School (2024)

• “Fraudulent Claims in Class Action Settlements: Contending With the Increasing Danger of Manipulation,” Strafford Webinar (2023)

• “Class Action Defense Tactics,” Guest Lecturer, Cornell Law School (2023)

• “Game Changers or Blips in the Radar? The Practical Impact (If Any) of Recent Decisions on Standing, Ascertainability, and Incentive Awards,” ABA National Institute on Class Actions (2023)

• “Fixin’ to Settle? Tips and Tricks for a Fair Shake,” ABA National Institute on Class Actions, (2022)

• “Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)’s Predominance Requirement,” Strafford Webinar (2022)

• “Nuts and Bolts of Complex Litigation: Practical Tips on How to Prosecute and Defend Complex, Multi-party, and Class Cases,” ABA Litigation Section 2022 Annual Conference (May 2022)

• “Class Settlement: Addressing Reversionary Clauses, Fraud in Administration, Notice, Opt-Outs and Objectors,” Strafford Webinar (2021)

• “Common Questions,” a podcast of the American Bar Association, Class Actions & Derivative Suits Committee (2021)

• “Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)’s Predominance Requirement,” Strafford Webinar (2020)

• “The Next Domain: Conscientious Objectors and How to Deal with Them,” Moderator, ABA National Institute on Class Actions 2020 (2020)

• “Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai,” Strafford Webinar (2019)

• “Mission Impossible? Protecting Data and Mitigating Litigation Risk in the World of Biometric Authentication Technology,” 2018 In-House Counsel Summit (2018)

• “One Class Action or 50? Choice of Law Considerations as Potential Impediment to Nationwide Class Action Settlements,” Moderator, American Bar Association, 5th Annual Western Regional CLE Program on Class Actions and Mass Torts (2018)

• “Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai,” co-presented at a national Strafford webinar (2018)

• “Rule 23(c)(4) Issue Certification: Reconciling the Conflict with Rule 23(b)(3)’s Predominance Requirement,” co-presented at a national Strafford webinar (2017)

• “Food Contamination and Coverage Issues,” co-presented at the CMBA Insurance Law Section Seminar “Hot Topics in Commercial General Liability Insurance,” Cleveland Metropolitan Bar Association (2016)

• “Case Law Update: New Developments in Ohio Bad Faith Law,” co-presented at the CMBA Insurance Law Spring Seminar “The Good, the Bad, and the Ugly: Ohio Insurance Bad Faith Law 2015,” Cleveland Metropolitan Bar Association (2015)