Cases
Representative Matters: Product Liability
Toxic Tort Litigation Experience: Designed national defense strategy for clients in asbestos
manganese exposure cases.
Served as national counsel for a contractor defendant in asbestos cases.
Served as national coordinating counsel for industry group in asbestos cases.
Obtained defense verdicts in asbestos cases as regional counsel for a manufacturing defendant.
Defended manufacturers of h
guns, bullet-resistant body armor, rifles, welding equipment, plasma cutting torches, hip implants, riding lawn mowers, punch presses, printing machines, dental appliances, gas valves, hydraulic lift cylinders, wall heaters
coal mining equipment in complex product liability cases.
Defended companies in lawsuits where plaintiffs alleged injuries from exposure to welding fumes, formaldehyde, silica
other allegedly toxic chemicals.
Obtained dismissal of strict liability claims
warranty claims against manufacturer of hip implant device.
Defended steel company employer in toxic tort case where plaintiff-employee attempted to bypass the worker's compensation bar
claimed that employer intentionally injured employee.
Defended rubber company in multiple suits alleging personal injuries from exposure to hazardous wastes that were allegedly discarded by the company.
Obtained dismissal of implied warranty, indemnity
contribution claims against distributor of product sold to designer of steel making furnace.
Defended chemical company in premises liability cases where subcontractor employees were injured
claimed unsafe working conditions
secured indemnification from contractors/subcontractors.
Mr. Argentieri has assisted clients with risk management
product stewardship issues relating to multiple products. He has assisted with the development of material safety data sheets (MSDS), with designing product brochures, with drafting warranties
warnings, with h
ling product recalls, with drafting distributorship agreements
terms
conditions for the sale of products,
with product testing issues.
Securities, RICO, Class Action
Shareholder Litigation Experience: Obtained summary judgment on behalf of broker clients in a class action securities fraud case relating to the initial public offering for a waste disposal company
also obtained attorneys' fees for client.
Obtained summary judgment on behalf of a general partner of a real estate limited partnership in a class action RlCO case based on alleged securities, mail
wire fraud.
Defeated class certification motion on behalf of a broker defendant in a RlCO case asserting securities fraud in connection with the offering of units in a movie limited partnership.
Defeated class certification motion on behalf of a Web-hosting company that sent facsimile advertisements to its customers allegedly in violation of the Telephone Consumer Protection Act.
Defended securities fraud claims against broker relating to the sale of a medical software company
secured indemnification of broker by seller.
Obtained court dismissal of two outside directors in class action securities fraud case alleging three-tier fraud scheme by international transportation
power generation company.
Defended company against shareholder class action alleging violations of Section 10(b) of the Securities Exchange Act
Rule 10b-5
obtained dismissal of claims on behalf of all members of the class who purchased on a foreign stock exchange, thereby reducing potential damages to a fraction of the total possible damages.
Obtained settlement that the client found favorable on behalf of a 20% minority shareholder in a health maintenance organization based on claims of improper treatment by the majority shareholder.
Obtained settlement that the client found favorable in national class action lawsuit alleging defects in client's bullet resistant body armor.
Represented corporation in suit by minority shareholders alleging corporate waste
improper treatment of shareholder
obtained settlement that the client found favorable.
Obtained dismissal of federal court class action alleging that hospital breached its obligations under its tax exempt status by overcharging poor patients.
Obtained dismissal of state court class action alleging that hospital engaged in unfair trade practices in billing uninsured patients.
Conducted internal investigation of claims of financial improprieties by company's employees
issued report to company's board of directors.
Represented car dealership in class action case involving allegations of improper sales practices relating to rust proofing services.
Environmental Litigation
Counseling Experience: Defended a steel company against CERCLA claim involving disposal of unused heating oil
case involved the CERCLA petroleum exclusion.
Defended company against CERCLA claims involving alleged disposal of PCBs.
Defended steel company against RCRA claims by EPA in connection with consent decree to remediate the steel company's plant.
Represented company that allegedly released radioactive materials into the environment
case involved challenges to the constitutionality of municipal laws.
Defended rubber company in multiple suits alleging personal injuries from exposure to hazardous wastes that were allegedly discarded by the company.
Obtained Act 2 release under Pennsylvania Hazardous Substance Control Act for company that innocently purchased l
that had buried hazardous substances.
Defamation/Libel Litigation
Media Law Experience: Obtained dismissal of libel claims brought in Maine against op-ed author from California, based on lack of subject matter jurisdiction.
Obtained a motion to dismiss of a libel complaint arising from a news report that allegedly implied plaintiff, a local radio DJ who posted his video of an Alt Right rally on social media, was racist. Judge Grine issued an Opinion
Order that granted all of the defendants' preliminary objections - with prejudice
without leave to amend the complaint
dismissed the case. Reilly v. WBRE-TV, et al., (In the Court of Common Pleas of Columbia County, PA, Case No. 330-CV-2018).
Represented TV studio in successfully opposing a subpoena sought by criminal defendant for copies of newsgathering outtakes that were not published by studio. Opposition raised the reporter's shield law.
Obtained summary judgment for TV station on libel claim brought by veteran who alleged that a report challenging his war record defamed him. Summary judgement upheld on appeal.
Represented author in libel case brought by company
its CEO who claim that a book that criticized them
offered opinions on their business tactics is defamatory. Company dismissed its claim with prejudice prior to discovery.
Filed application to unseal search warrant materials relating to Justice Department criminal investigation that did not result in an indictment. Negotiated stipulation that resulted in unsealing of the materials subject to the redaction of the identification of confidential witnesses.
Obtained settlement that client found favorable for manufacturer of computer software that assists medical providers in managing their pharmacy inventory in suit involving claims for trade libel, tortious interference
breach of contract.
Obtained relief for a student news reporting organization from an order prohibiting any contact with witnesses during a homicide trial.
Performed pre-publication review of news stories for television stations.
Defended newspaper that published picture of individual different from the person described in the article.
Defended newspaper that printed letter to the editor by a public figure that was allegedly not written by the public figure.
Obtained dismissal of claim against newspaper that published article about a house fire where owner alleged that the article defamed him.
Defended client who was alleged to be negligent in printing the wrong 800 number in telephone directories.
Obtained dismissal of false light, invasion of privacy
intentional infliction of emotional distress claims under California's anti-SLAPP statute relating to client's recording of conversation with opposing party at public restaurant.
Commercial Litigation Experience: Obtained the dismissal of a Singapore company from an adversary proceeding based on lack of personal jurisdiction over the company.
Obtained summary judgment for coal company on trespass
conversion claims by l
owner alleging that coal was improperly mined
removed from l
owner's property. Court held that l
owner did not own the property where coal was mined.
Obtained favorable settlement for oil
gas company who claimed that defendants improperly retained escrow funds relating to oil
gas lease that was never consummated.
Obtained order to compel arbitration in lawsuit brought by former student against post-secondary school in claim that the school breached its contract with the student
engaged in unfair trade practices.
Obtained settlement that client found favorable for minority shareholder of health maintenance organization against majority shareholder.
Obtained settlement that client found favorable on breach of contract claims regarding licensing agreement relating to the design
manufacture of equipment used in coal pulverizer machines.
Obtained appellate court reversal of jury verdict in a breach of contract action relating to the sale of microprocessor units for use in telephones.
Served as appellate counsel in assisting trial counsel on legal issues in several misappropriation of trade secret cases.
Obtained temporary restraining order for purchaser of product against supplier who stopped shipping product
refused to arbitrate price dispute unless purchaser paid supplier's new price.
Obtained dismissal of breach of contract, breach of warranty
Texas DTPA claims for a manufacturer of plasma-cutting machines.
Obtained orders compelling arbitration in cases alleging breach of contract claims
violations of unfair trade practices
consumer protection laws.
Represented corporation in suit by minority shareholders alleging corporate waste
improper treatment of shareholders
obtained settlement that the client found favorable.
Represented Argentina company
German parent in claim by U.S. company that leather purchased by U.S. company did not meet specifications due to chemical formulations developed by Argentina company.
Represented newspaper company in contract dispute with seller of newspaper equipment
obtained summary judgment on claim for consequential damages,
case settled on terms the client found favorable thereafter.
Represented trust company in dispute with administrator of a trust
filed interpleader action to resolve dispute
obtained attorneys' fees for trust company.
Represented bank in a variety of cases involving proper payment
collection of funds under Article 4 of the Uniform Commercial Code.
Commenced preliminary injunction action on behalf of law firm against former attorney for the return of client files that were taken when the attorney left the firm
case settled with outcome that the client found favorable immediately preceding the preliminary injunction hearing.
Represented purchaser of beef products in a breach of contract action brought against a supplier of beef products. Resolved action in manner that the client found favorable.
Representative Appellate Experience: Reilly v. WNEP, 557 MDA 2020 (Pa. Super., March 17, 2021) (affirming trial court's sustaining of preliminary objections that dismissed plaintiff's defamation
invasion of privacy claims because alleged defamatory statements were opinions or were not capable of having a defamatory meaning).
Weidner v. McCann, 529 MDA 2014 (Pa Super., May 6, 2015) (reversing trial court order that denied petition to compel arbitration
court found that parties agreed to arbitrate disputes).
Safari Club International v. Rudolph, 588 Fed. Appx. 740 (9th Cir. 2014) (affirming trial court's denial of a preliminary injunction seeking to enjoin the disclosure of a taped conversation between Dr. Rudolph
the former president of SCI).
Transportation Investment Group v. Erie County Bd. of Assessment Appeals, Nos 1809
1980 C.D. 2010 (Pa. Cmwlth. Aug. 4, 2011) (vacating trial court order in tax appeal case that valued property halfway between taxpayer expert's value
school district expert's value
on rem
, trial court significantly lowered valuation of property in favor of taxpayer).
Sanford L. Pollock v. Pittsburgh Opera, et al., Nos. 431-433 WDA 2009 (Pa. Super. June 10, 2010) (affirming summary judgment for the Pittsburgh Opera against real estate broker who claimed breach of an oral brokerage agreement, but who failed to memorialize the agreement in accordance with the Real Estate Licensing
Registration Act).
Bobak v. Feleky, 996 A.2d 1 (Pa. Super. 2010) (affirming grant of compulsory nonsuit for owner of a truck where the testimony of plaintiff's expert regarding a brake test was stricken because the expert could not confirm that the test was conducted using proper procedures).
Richard Vince, Jr. v. Crane Co., No. 87955 (Ohio Ct. App., 2007) (affirming summary judgment in asbestos case where plaintiff did not establish that defendant's product could have been a substantial factor in causing the asbestos disease).
National Fuel Gas Co. v. Equimeter, Inc., No. 05-1901 (3d Cir. 2006) (affirming summary judgment for manufacturer of gas valves on claims of breach of warranty, indemnity
product liability).
Clendenin Brothers, Inc. v. U.S. Fire Ins. Co., Misc. No. 2 (MD App. 2005) (filed amicus brief supporting insured
court ruled that absolute pollution exclusion does not preclude coverage for personal injury claims arising from exposure to welding fumes).
Matthews v. Kidder, Peabodv & Co. Incorporated, 260 F.3d 239 (3d Cir. 2001)
161 F.3d 156 (3d Cir. 1998) (RICO, securities fraud, affirming dismissal of case on basis of the statute of limitations).
Johnston v. HBO Film Management, Inc., 265 F.3d 178 (3d Cir. 2001) (RICO, denial of class certification affirmed).
Hallager v. Allegheny Ludlum Corp., No. 181 EDA 2000 (Pa. Super., Jan. 10, 2001) (change of venue affirmed)
No 3195 EDA 2003 (Pa. Super., Dec. 27, 2004) (affirming summary judgment for employer on claim that employer fraudulently misrepresented health test results to employee).
Werbowskv v. American Waste Services, Inc., 1998 U.S. App. LEXlS 31984 (6th Cir. 1998) (securities fraud, summary judgment affirmed).
Wheeling Pittsburgh Steel Corporation v. U.S.E.P.A., 1997 U.S. App. LEXlS 31462 (4th Cir. 1997) (interpretation of prior consent decree in context of a subsequent RCRA administrative order).
Stevens v. A-Best Products Company, No. 519 Pgh. 1993 (Pa. Super. Jan. 21, 1994) (affirming defense trial verdict in asbestos cases).
National Controls Corp. v. National Semiconductor Corp., 833 F.2d 491 (3d Cir. 1987) (reversal of jury verdict for plaintiff, no causation of damages).
Citizens for an Orderly Energy Policy, Inc. v. County of Suffolk, 813 F.2d 570 (2nd Cir. 1987) (affirming dismissal of plaintiffs' claims that County's resolutions relating to a nuclear power plant were preempted by the Atomic Energy Act).
Texaco, Inc. v. Dept. of Energy, 795 F.2d 1021 (Temporary Energy Court of Appeals, 1986) (reversing trial court order requiring Department of Energy to determine entitlements under Emergency Petroleum Allocation Act of 1973 - represented intervenor-appellant).
Botti v. Southwest Butler County School Dist., 529 A.2d 1206 (Pa. Cmwlth. 1987) (m
amus, right to a hearing where there is an alleged demotion).
Guardianship of B.V.G., No. 11925 (Massachusetts Supreme Judicial Court, 2016) (reversing trial court order denying gr
father's right to intervene in the limited guardianship proceeding relating to his incapacitated adult gr
daughter - pro bono advice).
Weinzierl v. Weinzierl, No. 1615 WDA 2001 (Pa. Super. May 30,2002) (Protection from Abuse Act, reversal of trial court's order dismissing petition - pro bono representation).
Commonwealth v. Stenhach, 356 Pa. Super. 5 (Pa. Super. 1986) (vacating sentences of two public defenders convicted of hindering prosecution
tampering with evidence by not disclosing their possession of possible evidence relevant to murder investigation - pro bono representation).
