Profile
The civil trial work of attorney James M. Kelley III (Jay) of Elk & Elk Co., Ltd., encompasses matters of medical negligence and wrongful death arising from birth injury and surgery, as well as oncological, cardiac and pharmaceutical causes in state and federal courts. Attorney Kelley has presented more than 70 cases to juries, including during time spent in felony prosecution, criminal defense, civil defense and civil litigation. He received his law degree from the University of Akron School of Law.
Attorney Kelley is a well recognized and respected attorney, and is listed in the Top 10 Attorneys for 2011, Top 100 attorneys for the 2010 edition of Ohio Super Lawyers and Top 50 Cleveland Area Super Lawyers 2009. He is a board-certified civil trial specialist and a board member of the Cleveland Academy of Trial Attorneys and the American Association for Justice Leadership Forum. In 2010 the Cleveland Academy of Trial Attorneys presented Jay Kelley with the President’s Award.
Attorney Kelley takes pride in representing his clients and understands the privilege and responsibility of representing the catastrophically injured client. His experience as a criminal prosecutor, criminal defense attorney and civil litigator enables him to understand and present complex issues and medical negligence cases to juries. His experience was put to use as a reviewer of the medical-legal chapter of a fetal monitoring text: "Mosby's Pocket Guide to Fetal Monitoring: A Multidisciplinary Approach." Attorney Kelley, Co-authored a chapter in a leading gynecology text, submitted for print in 2011, "Comprehensive Gynecology, 6th Edition", Katz, Lentz et al.
Licensed to practice in Ohio and before the Ohio Supreme Court, he has obtained multimillion dollar settlements for clients throughout Ohio and represents the plaintiff throughout the 88 Ohio counties.
About James Kelley, III
Law School: The University of Akron School of Law
Admitted: 1993, Ohio
Professional Webpage: www.elkandelk.com/jay-kelley.shtml
Honors and Awards:
- Member, Million Dollar Advocate, Million Dollar Advocates Forum
- Top 100 Trial Lawyer State of Ohio, American Trial Lawyers Association, 2008
- Elite Lawyers of America - Platinum Member (10 or more 2 million dollar results), 2009
- President's Award, Cleveland Academy of Trial Attorneys, 2010
- Received 5/5, Preemminent rating., 5/5 Preemminent, Martindale-Hubbel, 2011
Special Licenses/Certifications:
- Board Certified Civil Trial Specialist by the National Board of Trial Advocacy, 2005
Bar/Professional Activity:
- Board Member, Cleveland Academy of Trial Attorneys (CATA), 2006 - Present
- Ohio State Bar Association
- Federal Court, Northern District of Ohio 1995
- Cleveland Metropolitan Bar Association
- Ohio State Bar, 1993
- Cleveland Acadamy of Trial Attorneys (CATA) - Board of Trustees, 2006
- American Association of Justice- Leadership Forum. (AAJ), 2007
- Ohio Association of Justice (OAJ) - Board of Trustees, 2009
- Mass Tort Lawyers Association, Member, 2011
Scholarly Lectures and Writings:
- Jury Selection. The Akron Bar Association 1994
- Medical Risk Management, The Medical Protective Company 1998, 1999, 2000, 2001
- Medical Risk Management, Pro-Assurance Company 1999, 2000, 2001
- Guest Lecturer, Health Law Case Western Reserve School of Law 2003
- Author, Textbook: Mosby’s Fetal Monitoring; a Multidisciplinary Approach, Sixth Edition, Reviewer
- Lecturer, 6th Annual National Conference on Fetal Monitoring 2005 Las Vegas, Nevada Symposia Medicus, 2005
- Lecturer, Annual Spring Sports Medicine Conference 2005 The Cleveland Clinic Foundation Sawmill Creek, Ohio , 2005
- Lecturer, How to Win a Civil Trial 2005 PESI Continuing Legal Education, Las Vegas, Nevada, 2005
- Lecturer, NITA, Trial Advocacy 2005 Judge/ Instructor Cleveland Bar Association Cleveland, Ohio, 2005
- Lecturer, 10th Annual Winter Conference on Obstetrics and Gynecology: Clinical Practice & Liability Issues 2006 Symposia Medicus Maui, Hawaii, 2006
- Lecturer, 7th Annual Conference on Fetal Monitoring 2006 Symposia Medicus Las Vegas, Nevada, 2006
- Lecturer, 2006 Ohio Academy of Trial Attorney’s Annual Conference Ohio Academy of Trial Attorney’s Columbus, Ohio, 2006
- Lecturer, Annual Sports Medicine Conference Cleveland Clinic Foundation Sawmill Creek Resort Sandusky, Ohio, 2006
- Lecturer, Ohio Evidence Workshop 2006 PESI Beachwood, Ohio, 2006
- Lecturer, 11th Annual Winter Conference on Obstetrics and Gynecology: Clinical Practice and Liability Issues/ Mock Trial Symposia Medicus Cancun, Mexico, 2006
- Obstetrical Conference on Fetal Monitoring Symposia Medicus Las Vegas, Nevada, 2007
- Advanced Personal Injury, Damages, National Business Institute, Cleveland, Ohio, 2008
- Lecturer, Obstetrical Conference on Fetal Monitoring Symposia Medicus Las Vegas, Nevada, 2008
- Lecturer, Ohio Evidence Workshop, PESI Cleveland, Ohio, 2008
- Lecturer, 12th Annual Conference on Fetal Monitoring, Las Vegas, Nevada. Symopsia Medicus, 2008
- Reviewer of Medical - Legal chapter of fetal monitoring text., Reviewer, Mosby's Pocket Guide to Fetal Monitoring: A Multidisciplinary Approach, Medical / Legal, 2008
- Lecturer, 13th Annual Conference on Fetal Monitoring, Las Vegas, Nevada, Symposia Medicus, 2009
- Lecturer, Winter Conference on Obstetrics/ Gynecology, St. Kitts, W. Indes, Symposia Medicus, 2009
- Obstetrical risk management: Deposition Strategies, Speaker, AWHONN, National Conference, AWHONN, Obstetric Nursing/Midwifery, 2010
Verdicts and Settlements:
- Managed Vioxx claims including heart attack and thrombotic stroke claims as part of a $4.65 Billion settlement with Merck for 62 clients
- Oversaw the handling and resolution of claims related to birth control patches resulting in blood clots
- $1M -- Failure to diagnose prostate cancer - resulted in cancer progressing to Stage IV by diagnosis
- $1.5M -- Delay in diagnosing breast cancer
- $1.8M -- Botched sinus surgery
- $3.5M -- Surgical error case
- $4.1M -- Cerebral palsy case
- $3M -- Man burned over arms, legs and torso from explosion
- $10M -- Paralysis case (Lucas County Record)
- $1.1M -- Delay in Diagnosis and Treatment of Tongue Cancer Case
- $6M -- Patient was administered a paralytic agent negligently resulting in an arrest and death while in the ICU, 2003
- $10M -- Claim arising from Spinal surgery to correct Scoliosis, 2004
- $2.5M -- Mismanagement or preterm labor resulting in a stillbirth, 2006
- $9.88M -- Birth injury claim. (Portage County Record), 2006
- $3.9M -- Mismanagement of Labor and delivery, including a failure to recognize warning signs on Fetal Tracings rusulting in Neurologic Injury (CP) to the infant, 2007
- $5.3M -- Mismanagement of intrapartum care of twins, results in Twin "A" suffering Hypoxic Ischemic Encephalapathy, 2008
- $6M -- Plaintiff suffered an anoxic brain injury in the recovery room from a combination of Morphine, Valium and airway risk factors, 2009
Representative Clients:
- J. M. Kelley's (Jay), civil trial work in state and federal courts encompasses matters of medical negligence and wrongful death arising from birth injury and surgery; oncological, cardiac and pharmaceutical causes. Mr. Kelley has presented to jury more than 70 cases, including felony prosecution, criminal defense, civil defense and civil plaintiff cases. He was lead counsel on cases in more than 30 Ohio counties, appeals court and the Supreme Court of Ohio.
Other Outstanding Achievements:
- Elected Precinct Committee Member for Democratic party ward 1-G Cleveland, Ohio., 2006
Educational Background:
- B.A. College Of Wooster, Wooster, Ohio, 1990
profile
Social/Professional Services