Appellate Litigation

Representative Cases

Commercial Litigation

  • Penn National Gaming, et al. v. MTR, 844 A.2d 62 (Pa. Commw. Ct.) – Successfully represented gaming company in the first appellate case involving a horse racing license in Pennsylvania in more than 30 years.
  • Citizens Against Gambling v. Pennsylvania Gaming Control Board, 916 A.2d 624 (Pa.) – Successfully represented gaming company in the first appellate case under the Pennsylvania Gaming Act, obtained affirmance of the grant of a slot machine license to our client.
  • Symbol Technologies v. Deloitte & Touche, LLP, No. 2008‑06642, 888 N.Y.S.2d 538 (N.Y. 2d Dept.) – Obtained reversal of trial court’s dismissal of client’s amended complaint, alleging accountant malpractice claims.
  • Relational Investors LLC v. Sovereign Bancorp, Inc.,S.C.A., 2d Cir.; Supreme Ct. of Pa. – Obtained order granting motion to certify to Pennsylvania Supreme Court an important and novel question of interpretation of Pennsylvania’s Business Corporation Law relating to the right of shareholders to remove a director without cause; appeal was subsequently withdrawn as moot due to the sale of Sovereign Bancorp to Banco Santander.
  • Gelley v. Park Pleasant, 494 Fed. Appx. 187 (3d Cir.) – Obtained reversal of district court decision on client’s claim that seller breached an agreement to sell its nursing home business, because district court failed to address the “time of the essence doctrine,” and order compelling seller to proceed with sale as agreed.
  • Shaev v. Sidhu, et al.Appeal of Jonathan Crist, Appeal of Emanuel Schmalz and Gail Wentworth, Nos. 3405 EDA 2008, 3406 EDA 2008, Slip Op. (Pa. Super. Ct.) – Obtained affirmance of order approving settlement of four consolidated derivative and class actions, petition for allowance of appeal denied, No. 470 EAL 2010, Slip Op. (Pa.).
  • Tubbs v. North American Title Agency, Inc. et al., No. 09‑2757, 2010 WL 3044067 (3d Cir.) – Obtained, with co‑counsel, reversal of district court order granting motion to dismiss class action complaint alleging violations of the Real Estate Settlement Practices Act.
  • Rural Telephone Co. Coalition v. Public Utility Comm’n, 941 A.2d 751 (Pa. Commw. Ct.) – Obtained Pennsylvania Public Utility Commission’s approval for statewide licensure of competitive local exchange carrier, and successfully defended appeal of PUC’s Order, enabling client to become first competitive local exchange carrier certified to provide telecommunication services in every incumbent service territory in Pennsylvania.
  • Ollie’s Bargain Outlet, Inc. v. New England Business Exchange, 227 Fed. Appx. 156 (3d Cir.) – Obtained affirmance of summary judgment against broker claiming to have caused transaction to occur, allowing client to avoid payment of several million dollars in unwarranted compensation.
  • The Insurance Adjustment Bureau, Inc. v. Allstate Ins. Co., 905 A.2d 462 (Pa.) – Obtained allocatur and reversal for client in case involving assignment of right to the payment of insurance proceeds.
  • Santana Products, Inc. v. Bobrick Washroom Equipment, Inc., 401 F.3d 123 (3d Cir.) – Obtained affirmance of order entering summary judgment on majority of case in client’s favor and reversal on balance of case and, as a result, obtaining dismissal of entire case seeking more than $24 million, denied, 126 S. Ct. 734.
  • C & M Developers, Inc. v. Bedminster Twp. Zoning Hearing Bd., 820 A.2d 143 (Pa.) – Obtained allocatur and reversal for client in precedential land development case.
  • JPMorgan Chase Bank, N.A., as Trustee for the Registered Holders of ABFS Mortgage Loan Trust 2001-2, Mortgage Pass-Through Certificates, Series 2001-2, v. Thrower, 222 WAL 2012 (Pa.) – Represented bank in case of first impression before Pennsylvania Supreme Court seeking reversal of Superior Court decision finding that failure to comply with notice requirements of Act 91 divested trial court of subject matter jurisdiction over foreclosure action.

ERISA and Employee Benefits

  • William J. Einhorn, Administrator of the Teamsters Pension Trust Fund of Philadelphia & Vicinity and the Teamsters Health and Welfare Fund of Philadelphia & Vicinity v. M.L. Ruberton Construction Co., 632 F.3d 89 (3d Cir.) – Obtained reversal of district court order in ERISA action regarding successor liability of a purchaser of assets for delinquent employee benefit fund contributions.
  • Saltzman v. Independence Blue Cross, 384 Fed. Appx. 107 (3d Cir.) – Obtained affirmance of dismissal of significant ERISA class action involving allegations of inflated prescription drug co‑payments.
  • Barber v. Unum Life Ins. Co. of America, 383 F.3d 134 (3d Cir.) – Obtained reversal of district court’s erroneous ruling that ERISA did not preempt insurance bad faith claims in Pennsylvania.

Insurance Coverage and/or Insurance Bad Faith Cases

  • Williams v. Gillott et al., No. 1813 MDA 2011, Slip Op. (Pa. Super. Ct. Sept. 4,) – Obtained affirmance of order sustaining preliminary objections and dismissing without leave to amend all of plaintiff’s claims seeking recovery of $1 million pursuant to life insurance policy, allowance of appeal denied, No. 789 MAL 2012 (Pa.).
  • Pappas v. Unum Life Ins. Co. of America, 261 F.3d 492 (3d Cir.) – Obtained affirmance of judgment against plaintiff on counterclaim and dismissal of plaintiff’s claims at trial, denied, 534 U.S. 1129.
  • Utica Mutual Ins. Co. v. 215 West 91st Street Corp., et al., 283 A.D.2d 421 (N.Y. 2d Dept.) – Obtained reversal of trial court in insurance coverage case and declaration of no coverage because defending carrier was estopped from discontinuing its defense of premises owner.

Bankruptcy Cases

  • In re Global Industrial Technologies, Inc., et al., 645 F.3d 201 (3d Cir.) – Obtained reversal of Bankruptcy Court order confirming a plan of reorganization and finding that appellant insurers had standing to object to confirmation of the plan.
  • In re Exide Technologies, et al.EnerSys Delaware, Inc. v. Exide Technologies, 607 F.3d 957 (3d Cir.) – Obtained reversal of district court and bankruptcy court orders granting motion to reject license agreement in industrial battery industry and right of EnerSys to use trade name “Exide” in industrial battery market, denied, 131 S.Ct. 1470.

Intellectual Property Cases

  • Guthrie Healthcare System v. Context Media, Inc., 826 F.3d 27 (2d Cir.) – Obtained affirmance of finding that defendant infringed our client’s trademark, reversal of the limited scope of district court’s injunction, and order expanding the scope of the injunction accordingly. Case settled thereafter.