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About me

Kimberly's recent professional achievements include:


  • Convinced opposing counsel to dismiss based on arguments involving judicial estoppel, statutes of limitation, preemption, and lack of evidence of causation.

  • Worked on teams that have had notable success and has personally had significant wins in major pharmaceutical cases, including success with motions to dismiss based on preemption and motions based on "Lone Pine" orders.

  • Obtained dismissal for generic pharmaceutical companies based on preemption.

  • Effectively navigated procedural matters, such as motions to transfer, removal, and oppositions to motions to remand.

  • Drafted briefs that were filed with the Judicial Panel on Multidistrict Litigation, which led to transfer to the pharmaceutical client’s preferred district court.

  • Established a proven track record for efficiently handling discovery, including the management of large-scale electronic discovery in product liability matters.



Contact info

Ulmer & Berne

600 Vine Street
Suite 2800
Cincinnati, OH, 45202

Practice areas


  1. Litigation: 100%



Hourly ($315/hour)

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INActive In Good Standing200707/03/2016
KYAuthorized to practice law200707/09/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Award nameGrantorDate granted
Rising StarSuper Lawyers Magazine2015
AV Preeminent RatedMartindale-Hubbell2015
Rising StarSuper Lawyers Magazine2014
Rising StarSuper Lawyers Magazine2013
Rising StarSuper Lawyers Magazine2012
Rising StarSuper Lawyers Magazine2011
Rising StarSuper Lawyers Magazine2010
Work experience
TitleCompany nameDuration
Associate attorneyUlmer & Berne2010 - Present
Associate attorneyDinsmore & Shohl2006 - 2010
Association namePosition nameDuration
Cincinnati Urban Business InitiativeFounder2014 - Present
Defense Research InstituteSubcommittee chair; DMD Steering Com. Member2010 - Present
Friends of the Pops OrchestraPast Chair2010 - Present
Kentucky Bar AssociationN/A2007 - Present
Ohio State Bar AssociationMember2006 - Present
Cincinnati Bar AssociationMembership committee2006 - Present
ProKidsN/A2011 - 2012
Indiana State Bar AssociationN/A2007 - 2014
Publication nameTitleDate
Rx for the DefenseBecome an Appellate Jurisdiction "Genius"2014
The Federal LawyerJudicial Profile: Michael J. Newman2012
For The Defense (DRI, Defense Research Institute)Fraudulent Misjoinder: Respected by Some Judges, Rejected by Others2012
Law360Differential Diagnosis - Trending Toward Exclusion2009
ALFA CompendiumPharmaceutical Preemption2009
(Dinsmore & Shohl website publication)Pharmaceutical Preemption: An Analysis of the Viability of the Preemption Defense in Light of Wyeth v. Levine2009
School nameMajorDegreeGraduated
University of Dayton School of LawLawJD - Juris Doctor2006
University of CincinnatiBusiness EconomicsBA - Bachelor of Arts2002
University of CincinnatiPolitical ScienceBA - Bachelor of Arts2002
Speaking engagements
Conference nameTitleDate
Drug and Medical Device ConferenceIs the FDA the Gold Standard? How to Effectively Argue that Regulatory Findings are Inadmissible2013
Applying the Rules of EvidenceHearsay Objections and Exceptions2013
Pleadings and Evidentiary Issues in Federal CourtProcedure2011