Cases
Representative Matters: Submitted an amicus curiae brief pro bono to the Supreme Court of the United States on behalf of the Conference of Chief Justices, representing chief justices of the courts of last resort in all 50 states
the brief argued that Delaware should be afforded considerable deference in deciding how to select justices of its courts, in a case concerning whether the state's constitutional requirement, that no more than a bare majority of three justices be from one major political party, violates the First Amendment.
Successfully defended the Pennsylvania state governmental agencies concerning the legality
constitutionality of the agency's toll structures. Owner Operator Indep. Drivers Ass'n, Inc. v. Pennsylvania Tpk. Comm'n, 934 F.3d 283, 288 (3d Cir. 2019).
Successfully defended a Master Limited Partnership in obtaining dismissal of a putative securities class action, which was affirmed on appeal by the Third Circuit Court of Appeals. Fan v. StoneMor Partners LP, 927 F.3d 710 (3d Cir. 2019)
Successfully represented a mortgage securitization trust before the Third Circuit Court of Appeals in obtaining a reversal of a summary judgment ruling that the trust's mortgage had been divested by a tax sale because the sale failed to comply with the statutory requirements imposed under Pennsylvania law. Deutsche Bank Nat'l Trust Co. v. Bendex Properties, LLC., 778 F. App'x 159 (3d Cir. 2019).
Successfully represented a juvenile previously,
unconstitutionally, sentenced to life without parole in having his sentence overturned before the Pennsylvania Supreme Court. Commonwealth v. Machicote, 206 A.3d 1110 (Pa. 2019).
Successfully represented a Pennsylvania cyber charter school applicant before the Pennsylvania Commonwealth Court, obtaining the first-ever decision from that Court reversing a denial of a cyber charter application by the Pennsylvania Department of Education. Insight PA Cyber Charter School v. Dep't of Educ., 162 A.3d 591 (Pa. Cmwlth. 2017) ( en banc ).
Successfully represented a mortgage servicing company before the Fourth Circuit Court of Appeals in obtaining affirmance of a grant of summary judgment based on Bankruptcy Code precluding claims alleging violations of the Fair Credit Reporting Act (FCRA)
the Fair Debt Collection Practices Act (FDCPA). Lovegrove v. Ocwen Home Loans Servicing, L.L.C., 666 F. App'x. 308 (4th Cir. 2016).
Successfully represented a mortgage servicing company before the First Circuit Court of Appeals in defending a substantial defense verdict at trial,
affirmance of the denial of the plaintiff's request for attorneys' fees. Bradley v. Wells Fargo Bank, N.A., 663 F. App'x 4 (1st Cir. 2016).
Successfully represented a large public university in multiple Right-to-Know Law appeals in the Commonwealth Court of Pennsylvania, that denied access to certain information related to an internal investigation under the attorney-client privilege
work-product doctrine. Pa. Dep't of Educ. v. Bagwell, 131 A.3d 638 (Pa. Cmwlth. 2016)
Bagwell v. Pa. Dep't of Educ., 103 A.3d 409 (Pa. Cmwlth. 2014) ( en banc ).
Representing former officer
director of Fortune 300 exploration
production company in a number of related matters, including private claims of securities fraud
breach of fiduciary duty, a Securities
Exchange Commission inquiry, a Department of Justice inquiry, several state Attorney General inquiries
an internal audit committee inquiry.
Obtained a defense verdict following a month-long jury trial in favor of Italian vineyard on $18 million breach of the warranty of merchantability claim, as well as a $500,000 verdict for vineyard on its counterclaim for breach of contract
successfully defended verdict on both post-trial motions
before the U.S. Court of Appeals for the Second Circuit. Palm Bay Int'l, Inc. v. Marchesi Di Barolo S.p.A., 796 F. Supp. 2d 396 (E.D.N.Y. 2011), aff'd, F. App'x 643 (2d Cir. 2012).
Represented former independent director of Chinese reverse-merger company against claims of securities fraud, obtaining dismissal of complaint. In re A-Power Energy Generation Sys., Ltd. Securities Litig., 2012 WL 1983341 (C.D. Cal. May 31, 2012).
Successfully defended state governmental agencies in Pennsylvania Commonwealth Court
Supreme Court regarding the legality
constitutionality of the agency's procurement procedures
the legality of project labor agreements under Pennsylvania law. Glenn O. Hawbaker, Inc. v. Dep't of Gen. Servs., 17 A.3d 319 (Pa. 2011).
Represented perfume manufacturer in action against world-famous musician arising from the musician's failure to promote a perfume endorsed by him, successfully obtaining judgment in excess of $4.4 million. Revelations Perfume
Cosmetics, Inc. v. Nelson, 35 Misc.3d 1216(A), 2012 WL 1434856 (N.Y. Sup. Ct. Apr. 12, 2012).
