Municipal and Government Liability

Representative Cases

  • County Council of Northampton v. SHL Systemhouse Corp. – Successfully represented defendant in an intellectual property matter involving the nation’s first outsourced and privatized E-911 emergency response system.
  • Country Inn & Suites v. County of Berks – Successfully defended the constitutionality of hotel tax legislated by Berks County to subsidize its tourism industry.
  • Bold Corporation v. Lancaster County – Successfully defended the constitutionality of hotel tax legislated by Lancaster County to fund the construction of a convention center.
  • Stewart v. City of Allentown et al. – Defended City of Allentown, two Allentown police officers and the Chief of Police against claims of false arrest and excessive force with regard to the fatal shooting of an arrestee and the detention of a witness present at the scene of the shooting. The case also involved Monell claims against the City and supervisory claims against the Chief of Police.
  • Harris v. City of Allentown – Defended City of Allentown in an employment case in which an applicant for employment filed various claims under state and federal law alleging that the City’s failure to hire him as a police officer was racially discriminatory and in violation of the federal and Pennsylvania Veterans’ Preference Acts, Section 1981, the First, Fifth and Fourteenth Amendments of the U.S. Constitution, and Section 1985.
  • Lehigh Valley Properties, Inc. v. Portnoff Law Associates, Ltd. – Defended law firm under contract with municipalities and school districts to collect delinquent real estate taxes against Section 1983 claims filed by property owner alleging violations of substantive due process.
  • Rothrock Motor Sales, Inc. v. South Whitehall Township Authority – Successfully defended appeal challenging assessment of sewer and water tapping fees arising from the expansion of an existing building and construction of a new building in conjunction with an auto dealership.
  • DeRaymond v. Borough of Freemansburg et al. – Defended Borough at a preliminary injunction hearing brought by solid waste contractor seeking to disqualify low bidder for municipal solid waste disposal contract with Borough.
  • Keystone Rural Health Center, Inc. v. Board of Assessment and Revision of Taxes of Franklin County – Successfully handled a charitable real estate tax exemption appeal of a federally qualified health care center as to a new medical office building it constructed in Chambersburg, PA.
  • Fieldstone Associates v. Lower Macungie Township – Successfully defended challenge by developer of apartment complex to Township’s imposition of a tapping fee on each apartment in the complex.
  • In re Condemnation Proceeding by South Whitehall Township Authority to Acquire Sanitary Sewerage Easement. Successfully defended eminent domain challenge brought by landowner seeking compensation when Township Authority ran a sewer line across the landowner’s property.
  • In the Matter of Request for Proposals #17DPP00144 – Successfully overturned on appeal the State of New Jersey’s award of a $6.5 billion contract for pharmacy benefits management services on basis that the intended awardee had improperly reserved the right to modify bid pricing.
  • Suburban Disposal, Inc. v. City of Camden – Successfully challenged the City of Camden’s award of a $12 million dollar solid waste collection contract to both the lowest bidder and second-lowest bidder as materially nonresponsive to the bid specifications and then successfully defended the vendor’s award of the contract, including on appeal.
  • Digital First Media d/b/a The Trentonian v. Ewing Township, et al. – Successfully defended municipality’s decision to withhold police records relating to a juvenile criminal suspect under New Jersey’s Open Public Records Act, common law right of access and statute pertaining to juvenile records.
  • Waste Management of New Jersey v. Morris County Utility Authority – Successfully obtained emergent restraints from the New Jersey Appellate Division to the implementation of a $137 million contract to operate county’s solid waste transfer stations and clarified the standard of review for imposition of temporary restraints in bidding cases.  After the stay was ordered, the underlying award of the contract to another vendor was overturned and a rebid ordered.
  • In the Matter of Reflective Sheeting License Plates – Successfully obtained reversal of the State of New Jersey’s intended award and a rebid of the contract arguing that awarded bidder had improperly conditioned its bid.
  • In the Matter of Request for Proposals 00-X-25950 For Minicomputer, Microcomputer, Word Station and Associated Products Term Contract – Successfully obtained an emergent stay of the opening of bids while the New Jersey Appellate Division heard the merits of a challenge of the State of New Jersey’s contract award.