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Nicholas A. DiCello, Professional Biography

Email: ndicello@spanglaw.com

OVERVIEW

Nick came to Spangenberg Shibley & Liber LLP in 2004 after serving as a law clerk for the lateSpangenberg Attorney Announced as Super Lawyer 2012 Rising Star Honorable John M. Manos, Senior Judge for the Federal District Court for the Northern District of Ohio. Nick was afforded the honor of serving as Judge Manos's law clerk after graduating magna cum laude from the Cleveland Marshall College of Law in 2002. As a clerk, Nick learned much from his mentor, and developed a strong desire to become a trial lawyer. "During my two years with Judge Manos, I had the opportunity to observe trial lawyers from all over the State of Ohio, and the country. After my clerkship I set my sights high and was fortunate to be given the opportunity to practice at one of Ohio's most well respected firms."

RELENTLESSLY PURSUING JUSTICE

Nick has dedicated his career to seeking justice for people who have been injured or harmed by another's careless or reckless conduct. He focuses his practice on representing victims of medical malpractice and other types of professional misconduct, including accounting malpractice, claims against insurance companies and insurance agents, and law enforcement misconduct. Some of Nick's recent cases and results include:

- A $2.65 million settlement on behalf of a 39 year-old unarmed man who was shot in the back by sheriff's deputies in West Virginia, rendering him permanently disabled

- A $2.1 million verdict on behalf of five children whose parents were killed by a driver who lost control of his car and struck them head-on

- A significant settlement on behalf of a widow whose husband died of a heart attack when his doctor temporarily discontinued his heart medication without first consulting with the prescribing cardiologist

- A $1.65 million settlement for a woman whose health insurance was cancelled after being diagnosed with a life-threatening medical condition

- Currently representing the widow of a 62 year-old man who was restrained and pepper sprayed to death while being detained for misdemeanor trespassing in Florida

- A 7-figure settlement on behalf of a group of creditors who were deceived into extending credit to a mutual customer based on false and misleading information communicated to them by a bank

Nick relishes the relationships he has with his clients and is highly motivated to obtain the best possible result on their behalf. "The contingency fee arrangements we offer create a true partnership between us and our clients. Like our clients, we too have a stake and interest in the outcome of each case we handle. Unlike other types of billing arrangements where lawyers are paid regardless of the outcome, our compensation as attorneys is directly tied to and dependent upon the level of success we achieve for our clients. This arrangement fosters a great working relationship and has many advantages over the standard hourly-rate fee contract."

HOLDING WRONGDOERS ACCOUNTABLE AND PROTECTING THE COMMUNITY

Nick is proud of the work he does in holding wrongdoers and rule-breakers accountable for the harms and losses they cause. A former professional athlete, Nick thrives in the competitive and highly demanding litigation atmosphere.

"Nothing is more important than the safety of our family and friends - our collective community. When companies, local municipalities or governments, or other members of our community violate safety rules and needlessly endanger people, our communities become less safe. Only by holding those who violate safety rules accountable for the harms and losses they cause do we protect our community. I take that responsibility very seriously and am never afraid to pursue wrongdoers when appropriate, no matter whom the wrongdoer may be. The resources at Spangenberg Shibley & Liber LLP give us great opportunities to make a difference in people's lives and to safeguard our community."

In addition to representing people who have been injured and killed by careless or reckless conduct, Nick has developed a passion for protecting consumers' rights. The free market creates a diverse and productive business atmosphere. Unfortunately, it can also foster, and at times reward, deceptive and unscrupulous business practices. Nick and the consumer rights attorneys at Spangenberg Shibley & Liber are dedicated to rooting out companies that employ dishonest and deceitful practices and prey on unsuspecting consumers. For example, Nick has been actively involved in pursuing insurers who rescind health insurance coverage after the policyholder is diagnosed with a serious medical condition or incurs substantial medical bills. Nick's work to expose these abhorrent practices was recognized by a House Congressional panel that interviewed him in connection with their efforts to pass new legislation limiting health insurance rescissions and cancellations.

"I have never felt more proud of being a trial lawyer than when I was invited to attend a House Congressional Sub-Committee hearing based on my work in exposing health insurance rescissions. Knowing that I armed the Congressional Sub-Committee members with the information they needed to bring about change, and played a role, even a small one, in ending a despicable business practice employed by health insurance companies, was incredibly rewarding."

CIVIL RIGHTS VIOLATIONS - HOLDING LAW ENFORCEMENT ACCOUNTABLE

Since his days as a federal judicial law clerk, Nick's practice has focused on civil rights litigation under state and federal law. While at Spangenberg, Nick has maintained his concentration on civil rights violations claims, representing individuals who have been falsely arrested, subjected to excessive force or unlawful searches or seizures, maliciously prosecuted, and wrongfully convicted by local, state and federal law enforcement officials and agencies. Nick has a particular zeal for these types of cases which he believes threaten the very fabric of our rights as American citizens.

"There is no greater threat to our way of life in this country than permitting or condoning the violation of an individual's civil rights. I have a tremendous amount of respect and admiration for law enforcement personnel and I am grateful for the difficult job they do. But when a law enforcement officer fails in his duty to protect and serve, and violates someone's civil rights, that officer must be held accountable."

Nick has handled a number of important civil rights cases, including the homicide death of a local man who was killed after being pepper sprayed several times and restrained to a chair for hours while detained in jail, and the wrongful shooting of an unarmed Ohio man who was lured to West Virginia for the service of a federal arrest warrant. In 2006, Nick successfully appealed a trial court's ruling dismissing a claim on behalf of the mother of a young man who was shot in the back and killed while fleeing the scene of a police-arranged drug bust that went awry. The case settled shortly after Nick succeeded at the appellate level.

WHY SPANGENBERG?

When people ask me why they should consider entrusting Spangenberg with an important legal matter, my short answer is: "for the same reasons I aspired to become a trial lawyer at Spangenberg." The trial lawyers at Spangenberg are among the most highly decorated, accomplished, and recognized attorneys in the State of Ohio and throughout the country. Our firm has the resources and wherewithal of a sophisticated large firm, but with the sensibilities and personal service of a small office or personal counsel. As true trial lawyers, our firm can handle any type of case and we have a national law practice.

Perhaps the best testament to our abilities and record of success is the fact that many of our cases come to us by way of other attorneys who know and recognize the level of service and legal acumen Spangenberg Shibley & Liber LLP can provide.

Spangenberg Shibley & Liber is a boutique civil litigation trial firm in downtown Cleveland, Ohio handling cases on a statewide and nationwide basis. The firm's trial practice is diverse and sophisticated. It includes a wide array of consumer healthcare issues including medical malpractice, nursing home negligence, health insurance claim denials, dangerous drugs, and defective medical devices. In addition to its consumer health care litigation practice, Spangenberg lawyers represent individuals who have been seriously injured or killed in motor vehicle accidents, on the job, through exposure to dangerous chemicals/mold, by defective consumer and household products such as automobiles, motorcycles and power tools, tainted food and many other situations. The firm also represents those who have been injured or harmed by law enforcement engaged in the violation of a citizen's civil rights.

Apart from its personal injury practice, Spangenberg has a committed consumer rights practice litigating claims of marketing fraud, deceptive business practices, and violation of warranty for all sorts of consumer products.

Finally, Spangenberg Shibley & Liber represents businesses and entrepreneurs for all types of business litigation situations where the individual or business has been wronged in a business transaction.

We invite you to learn more about attorney Nicholas A. DiCello. To schedule a consultation, contact our offices in Cleveland, Ohio.

"Every client deserves high quality legal representation, and the personal service necessary to guide him or her through the civil justice system.  At Spangenberg Shibley & Liber, LLP we are committed to providing our clients with both." Outside the Courtroom

When he is not advocating on behalf of his clients at Spangenberg's downtown offices or in court, Nick enjoys playing golf, traveling, and spending time with his family and friends. Nick is a certified SCUBA diver and avid snowboarder.

A former professional soccer player, Nick was a member of the National Professional Soccer League (NPSL) 1998-1999 Championship Cleveland Crunch. "Having the opportunity to play professional soccer in my home town, on a team with great players like Otto Orf, Hector Marinaro and Zoran Karic - all guys I grew up admiring - was an incredible experience for me. Having the opportunity to pursue a law degree while I played made it all the more special." Nick continues to play soccer in the greater Cleveland area and has coached and assisted in coaching local high school and club teams.

Nick attended Cleveland Marshall College of Law's night program where he was selected to the Cleveland State Law Review. As an editor, he authored and published the award winning No Pain, No Gain, No Compensation: Exploiting Professional Athletes Through Substandard Medical Care Administered By Team Physicians, 49 Clev. St. L. Rev. 507 (2001). Nick earned his law degree in 2002, graduating magna cum laude. Nick remains active in his law school, serving as a Trustee for the Cleveland Marshall Law Alumni Association and on various advisory boards to the school.

Nick attended Lehigh University and earned a B.A. in Earth and Environmental Sciences with a concentration in Biology and a minor in religion in 1998. He was a three-year starting goalkeeper for the Division I Lehigh men's varsity soccer team, serving as captain his senior year.

Nick is a member of Greater Cleveland's Big Brothers Big Sisters Program serving as a "Big" to his "Little" brother.

Nick lives in Cleveland's historic Little Italy neighborhood where he is an active member of his community and parish - Holy Rosary. Proud of his Italian-American heritage, Nick is a member of the Northeast Ohio Italian American Foundation, a non-profit organization committed to preserving and educating people about Northeast Ohio's Italian American culture and traditions.