Cases
REPRESENTATIVE MATTERS: Alternative Dispute Resolution Experience: Has served as an arbitrator or mediator in numerous complex disputes, including the following representative matters: Dispute between a former partner of a prominent law firm
his former firm over substantial fees to be paid from various class action lawsuits.
Dispute among several major insurance companies
a corporate insured arising from decades of liability claims. Issues included stacking, policy interpretation, exhaustion
allocation.
Multi-million dollar software contract dispute among three companies.
Dispute between two law firms over proper allocation of fees from major contingency case.
Claims of sexual discrimination
wrongful termination by a former attorney in a law firm.
Has served as counsel in multiple ADR matters, including: Dispute among several nationally prominent class action law firms over division of very substantial fees from a major settlement. Ultimately resolved during mediation process.
Arbitration between two companies over liability for environmental contamination. Case required several weeks of evidentiary hearings
argument.
Multiple mediations arising from accidents resulting in deaths
serious injuries.
Litigation Experience: Four decades of experience as a civil trial
appellate lawyer. Areas of trial focus have included significant corporate
business disputes
class actions
securities
trust
estate court matters
aviation
railroad law
professional ethics
product liability
environmental
contract
common law claims.
Representative subject areas include: Class Actions: Lead counsel for chemical company in defeating medical
property damage class action brought on behalf of all residents of a nearby town.
Lead counsel for railroads in defeating medical
property damage class actions brought on behalf of all persons
businesses residing near a train chemical car derailment.
Lead counsel for construction company in a multi-billion dollar claim alleging fraud in the sale of bonds to fund a nuclear plant project.
Other cases include: Antitrust cases involving allegations of price fixing.
Insurance practices, including voluntary market premiums.
Disclosure issues under the Federal securities laws.
Municipal bond defaults.
Adequacy of notice given to class members.
Appellate Matters: Argument before the U.S. Supreme Court obtaining reversal of two Circuit Courts of Appeals decisions,
clarifying the law of job-related emotional distress claims under the Federal Employers Liability Act.
Argument before the Delaware Supreme Court, obtaining reversal for clients involving a matter of first impression as to whether there was insurance coverage for a settlement under the False Claims Act.
Argument before the Third Circuit Court of Appeals, confirming that a tenured professor, dismissed for charges of sexual harassment, had been provided due process by the college.
Argument before the Third Circuit Court of Appeals, confirming that qualified judicial immunity or qualified immunity protected Board members from personal suit
liability.
Before multiple state appellate courts as special appellate counsel.
Aviation: Lead trial counsel for the engine manufacturer of the developmental V-22 Osprey aircraft following a crash in the Potomac River, resulting in a defense verdict.
Lead trial counsel for the corporate owner of a helicopter involved in a mid-air collision with a fixed-wing aircraft resulting in multiple death
injury claims.
Lead trial counsel in numerous cases involving general aviation aircraft
their engine
component part manufacturers.
Internal Investigations: Conducted internal investigation of a Fortune 100 company concerning Board authorized expenditures directed to a public official.
Examined the financial activity of senior executives of an international company amid accusations of inappropriate use of corporate funds.
Other Matters: Lead counsel for the Barnes Foundation in its successful, multi-year effort to amend the original indenture
obtain court permission to create a new art education center in Philadelphia.
Counsel for financial institutions in several matters where fiduciary responsibilities were alleged to have been breached.
Lead counsel for a major railroad in a multi-week arbitration involving a construction overrun
delay claim involving the installation of 2, 000 miles of fiber-optic cable.
Has testified as an expert witness on the propriety of legal services rendered by law firms.
Professional Dispute Resolution Training: Has attended numerous training sessions including: AAA, Effective Advocacy
Management in Arbitration
AAA Enough Already! Striking the Right Balance of Discovery in Arbitration
AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards
AAA Arbitration Fundamentals
Best Practices for New AAA Arbitrators
AAA Arbitration Performance
Demeanor: Meeting Participant Expectations
CPR, Annual Meetings
CPR Spring Meeting