Cases
Representative Matters: Appellate Litigation: Represented Rose Acre Farms, one of the largest egg producers in the United States, in successfully defending a judgment in a class action that Rose Acre had not illegally conspired to reduce the national supply of eggs
inflate prices. In re Processed Egg Prod. Antitrust Litig., __ F.3d __, 2020 WL 3407761 (3d Cir. June 22, 2020).
Obtained dismissal of out-of-state seller for lack of personal jurisdiction in a decision rejecting the use of alter ego
stream of commerce theories of jurisdiction. Fulano v. Fanjul Corp., __ A.3d __, 2020 WL 3886029 (Pa. Super. Ct. July 10, 2020).
Counsel to employer in the Connecticut Appellate Court
Connecticut Supreme Court in a decision clarifying the legal st
ard for constructive discharge under Connecticut law. Karagozian v. USV Optical, Inc., __ A.3d __, 2020 WL 1889057 (Conn. Apr. 15, 2020).
Filed an amicus brief on behalf of the National Association of Specialty Pharmacy (NASP) in the United States Supreme Court concerning Rutledge v. the Pharmaceutical Care Management Association (PCMA), arguing that federal law does not preempt states from overseeing pharmacy benefit manager (PBM) practices
regulating reimbursement,
that stripping the states of this regulatory power leaves pharmacies without remedy
threatens critical care to the most vulnerable patients.
Counsel to Ford Motor Company in a products liability case before the U.S. Court of Appeals for the Third Circuit that favorably resolved two legal issues of first impression
secured the affirmance of summary judgment on warranty
consumer fraud claims. Coba v. Ford Motor Co., No. 17-2933 (3d Cir. July 8, 2019).
Represented former NFL star Jason Taylor
two business partners in two successful appeals to the U.S. Court of Appeals for the Third Circuit that resulted in reversals
entry of a multimillion-dollar judgment in connection with a failed real estate transaction in the Virgin Isl
s. Addie v. Kjaer, 836 F.3d 251 (3d Cir. 2016)
Addie v. Kjaer, 737 F.3d 854 (3d Cir. 2013).
Obtained the complete reversal of a jury verdict
a new trial on behalf of railroads subject to repetitive stress injury claims under the Federal Employers' Liability Act based on evidentiary errors at trial. Buttaccio v. Am. Premier Underwriters, Inc., 175 A.3d 311 (Pa. Super. Ct. 2017).
Appellate counsel in a Pennsylvania Supreme Court case establishing that the implied covenant of good faith
fair dealing does not apply to limited partnership agreements subject to Pennsylvania's Revised Uniform Limited Partnership Act. Hanaway v. The Parkesburg Group, LP, 168 A.3d 146 (Pa. 2017).
Obtained the complete affirmance of a multimillion-dollar arbitration award, including on the issue of whether an award by a majority of an arbitration panel in a common law arbitration is enforceable under Pennsylvania law. Strausser Enterprises, Inc. v. Segal
Morel, Inc., 2016 WL 4905677 (Pa. Super. Ct. July 6, 2016), appeal denied, Nos. 530-532 MAL 2016 (Pa. Dec. 21, 2016).
Counsel to a real estate developer in appeals relating to an investor dispute that resulted in the affirmance of a judgment in favor of our client on fiduciary duty, conversion,
equitable claims,
the termination of a second lawsuit based on the application of res judicata. Hanaway v. The Parkesburg Group, LP, 132 A.3d 461 (Pa. Super. Ct. 2015)
Hanaway v. Sadsbury Associates, LP, No. 224 EDA 2016, 2017 WL 375030 (Pa. Super. Ct. Jan. 26, 2017).
Appellate counsel to Wright Medical Technology in federal
state appeals from MDL involving hip replacement components.
Represented a class of investors in a feeder fund to a hedge fund in appeals to the Eleventh Circuit
Delaware Supreme Court relating fiduciary duty
breach of contract claims. Culverhouse v. Paulson & Co. Inc., 791 F. 3d 1278 (11th Cir. 2015)
Culverhouse v. Paulson & Co. Inc., 133 A.3d 195 (Del. 2016).
Obtained complete affirmance of summary judgment on novel issues in the Third Circuit relating to copyright preemption
claims under RICO, the Computer Fraud
Abuse Act,
the Lanham Act. Counsel to client in a Ninth Circuit appeal based on the preclusive effect of the Third Circuit judgment. Collegesource, Inc. v. AcademyOne, Inc., 597 F. App'x 116 (3d Cir. 2015).
Represented Yellow Pages Group, LLC on successful appeal to the Eleventh Circuit from a jury trial under the Copyright Act
for breach of license agreement. Yellow Pages Photos, Inc. v. Ziplocal LP, 795 F.3d 1255 (11th Cir. 2015).
Represented developers before the Supreme Court of Pennsylvania in a case that favorably determined the level of specificity required for development plans submitted under Pennsylvania's Planned Residential Development statute. Newtown Square East v. Township of Newtown, 101 A.3d 37 (Pa. 2014).
Obtained a precedential decision from the U.S. Court of Appeals for the Third Circuit, as lead appellate counsel for the Latin American Coalition, affirming the dismissal of a RICO claim
establishing that property owners do not violate the Immigration
Naturalization Act by knowingly renting apartments to undocumented aliens. Delrio-Mocci v. Connolly Properties, Inc., 672 F.3d 241 (3d Cir. 2012).
Successfully argued in the U.S. Court of Appeals for the Third Circuit that a district court erred by denying a preliminary injunction in a corporate governance dispute involving a closely held limited liability company. Health & Body Store, LLC v. JustBr
Ltd., 480 F. App'x. 136 (3d Cir. 2012).
Lead counsel in successful appeal to the U.S. Court of Appeals for the Second Circuit reversing agency error in immigration proceedings. Grenade v. Holder, 324 F. App'x 88 (2d Cir. 2009).
Obtained from the Pennsylvania Supreme Court a reversal on behalf of Toll Brothers, Inc., holding that parties to a zoning hearing, who are not party appellants to the l
use appeal, lack independent st
ing to appeal. Stuckley v. ZHB of Newtown Twp., 79 A.3d 510 (Pa. 2013).
Obtained a precedential decision from the U.S. Court of Appeals for the Third Circuit confirming the proper test for taxpayer residency in the U.S. Virgin Isl
s
reversing the district court's finding after a nonjury trial that several taxpayers had failed to establish Virgin Isl
s residency. Vento v. Dir. V.I. Bureau of Internal Revenue, 715 F.3d 455 (3d Cir. 2013).
Represented the Association of Corporate Counsel, the U.S. Chamber of Commerce, the Pennsylvania Bar Association
the Philadelphia Bar Association, as amici curiae, in an appeal to the Pennsylvania Supreme Court in which the court, quoting extensively from the amicus brief, reversed a line of intermediate appellate decisions by holding that the attorney-client privilege protects communications made by attorneys to clients. Gillard v. AIG Insurance Co., 15 A.3d 44 (Pa. 2011).
Represented the Pennsylvania Department of Banking in two groundbreaking enforcement actions to enjoin illegal payday lending at approximately 100 stores across Pennsylvania,
by a Nevada-based Internet lender. Pa. Dep't of Banking v. NCAS of Delaware, LLC, 948 A.2d 752 (Pa. 2008)
Cash America Net of Nevada, LLC v. Pa. Dep't. of Banking, 8 A.3d 282 (Pa. 2010).
Counsel to Travelers Insurance in a cross-appeal to the U.S. Court of Appeals for the Third Circuit resulting in a favorable reversal on the issue of coverage under a legal malpractice policy
affirmance on the issue of bad faith. Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012).
Obtained reversal of summary judgment against Liberty Mutual Insurance Co., surety for a $100 million construction project, in an appeal to the U.S. Court of Appeals for the Third Circuit based on the interpretation of a conditional payment clause in a construction subcontract. Sloan v. Liberty Mutual Insurance Co., 653 F.3d 175 (3d Cir. 2011).
Counsel to a major regional grocery chain in an appeal to the U.S. Court of Appeals for the Fourth Circuit from the denial of class certification in a putative class action alleging violations of the Fair
Accurate Credit Transactions Act. Stillmock v. Weis Markets, Inc., 385 F. App'x 267 (4th Cir. 2010).
Trial Litigation: Represented Fanjul Corporation, one of the largest sugar companies in the world, in obtaining a complete dismissal on the merits in a case brought by plaintiffs who alleged that they had been unlawfully evicted by a subsidiary of Fanjul in the Dominican Republic.
Obtained a complete victory prior to trial for AcademyOne, Inc., a Pennsylvania-based internet company, in action brought by a competitor alleging violations of RICO, the Computer Fraud
Abuse Act,
the Lanham Act. CollegeSource, Inc. v. AcademyOne, Inc., 2011 U.S. Dist. LEXIS 43684 (E.D. Pa. Apr. 22, 2011) (dismissing RICO claims)
2012 U.S. Dist. LEXIS 153197 (E.D. Pa. Oct. 25, 2012) (granting summary judgment), aff'd, 597 F. App'x 116 (3d Cir. 2015).
Counsel to one of world's largest software vendors in civil RICO litigation brought by municipality that was dismissed at the pleading stage. County of Marin v. Deloitte Consulting LLP, 836 F. Supp. 2d 1030 (N.D. Cal. 2011).
Obtained dismissal of RICO claims at motion-to-dismiss stage on behalf of major commercial real estate developer. Litigated remaining contract
fiduciary duty claims
obtained a settlement the client found favorable. Kolar v. Preferred Real Estate Investments, Inc., 2008 U.S. Dist. LEXIS 48781 (E.D. Pa. June 19, 2008), aff'd, 361 F. App'x 354 (3d Cir. 2010).
Counsel to Preferred Resin Holding Company, an international supplier of hydraulic fracturing proppants, in multimillion dollar litigation under a supply contract. Obtained a settlement the client found favorable after litigating contract issues through summary judgment in Delaware Superior Court. CRS Proppants LLC v. Preferred Resin Holding Co., Del Super. No. N15C-08-111 MMJ (CCLD).
Represented Unilife Medical Solutions, Inc., a manufacturer of injectable drug delivery systems, in a litigation
arbitration under a Customization
Commercial Supply Agreement, obtaining a very favorable settlement for the client. Unilife Med. Solutions, Inc. v. Biodel, Inc., Conn. Super. Ct. No. DBD-CV15-6018082-S.
Class counsel in antitrust class action that resulted in multimillion-dollar settlement for a class of terminated truck dealerships. Cumberl
Truck Equipment Co. v. Detroit Diesel Corp., Case Nos. 05-cv-74594 (E.D. Mich.).
Defeated two putative class actions against a leading yacht manufacturer based on alleged product defects. ACH Enters. 1 LLC v. Viking Yacht Co., 817 F. Supp. 2d 465, 466 (D.N.J. 2011)
Cauble v. Viking Yacht Co., 10-cv-61892 (S.D. Fla. 2011).
Represented international supplier
trader of precious metals in AAA arbitration hearings relating to supply contracts
pricing issues. Johnson Matthey Inc. v. E.I. Du Pont de Nemours & Co.
