Representative Achievements

    Summary judgment achieved in 2008 on behalf of construction consultants in Massachusetts      federal district court, on the grounds that the plaintiffs presented insufficient evidence of fraud,  conspiracy and breach of contract. Landworks Creations, LLC v. United States Fidelity and Guaranty Company et al., Civil Action No. 05-40072-EDS (D. Mass. February 6, 2008).

    Obtained a ruling in 2008 from the federal district court of Massachusetts which distinguished recent case law and ruled that expert testimony and historic documents presented on behalf of a military contractor made a colorable showing of a federal defense to claims of toxic exposure.   O’Connell v. Buffalo Pumps, Inc.,  544 F.Supp. 2d  51 (D. Mass. 2008). 

   Judgment obtained at trial in Plymouth County Superior Court in Massachusetts in 2007 for the engineering firm which designed the sewer system for a trailer park in the south shore, on the grounds that no professional negligence was shown. 

    Case preparation of a $ 38 million settlement of the Paoli Railyard Superfund dispute on behalf of the Southeastern Pennsylvania Transportation Authority and Conrail.  This settlement was the second largest verdict or settlement in the Commonwealth of Pennsylvania in 2005.

    Lead trial counsel in the defense of a $ 4.5 million commercial breach of contract claim involving show business, marine engineering and the 1999 Millennium Sound and Light Show on the Delaware River, in a three week federal jury trial.  Received a defense verdict for the show developer, as well as recovery of a $ .655 million cross-claim. 

    Obtained summary judgment for a major university in an employment discrimination claim (age) brought by a senior athletic coach.

    Obtained a defense verdict (second chair) for the same university in a federal jury trial involving a claim of employment discrimination (religion) brought by a university professor. 

    Lead trial counsel in a highly publicized zoning action involving a large commercial "wall wrap" in Center City Philadelphia. The trial court ordered substantial penalties and a disgorgement of all profits made from the wrap.  The ruling was reversed in a precedential appeal on the grounds of insufficient service of process by the Law Department of the City of Philadelphia.  City v. Callowhill Center, 863 A.2d 156 (Commw. Ct. 2004).

    Principal author of the amicus curiae brief of the Southeastern Pennsylvania Transportation Authority before the United States Supreme Court on the issue of the sovereign immunity of public authorities in Northern Insurance Company of New York v. Chatham County, Georgia, No. 04-1618 (February 2006).  

    Received a defense verdict following a non-jury trial in an action brought against an accounting firm to recover an executive placement fee.   That verdict was affirmed on appeal, with the appellate court agreeing that the defendant had presented sufficient evidence to support the finding that the search firm was not an "efficient procuring cause" in the placement. ETS v. Cogen Sklar,  No. 1174 EDA 2005 ( Pa. Super. 2006).

    Lead counsel for the New Jersey Sports and Exposition Authority as plaintiff in a multi-million dollar consolidated action pending in state court in New Jersey over the collapse of a unique "supergrid" structure at an Atlantic City concert arena, hours before the start of the Stripped and Jagged Justin Timberlake/Christina Aguilera concert.  Defendants included the engineering firm who designed the supergrid, the touring companies who loaded the supergrid with concert equipment and the management company overseeing the concert.  Case settled successfully.

    Represented an accountant facing "responsible person" liability for payroll taxes in an action brought by the United States Justice Department in federal court.  The court’s favorable decision on summary judgment is reported at U.S. v. Hudson, et. al, 99-2 U.S. Tax Cas. (CCH) P50,914 (E.D.Pa. 1999).

    Lead trial counsel to the defendant developer of a multi-story office building in historic Philadelphia; presented expert engineering testimony as to the structure of the proposed building and won a motion to dissolve an existing injunction against construction.  Received a judgment of non-suit for the defense at trial in state court in Philadelphia.  The new multipurpose library and auditorium is a showcase building in Philadelphia.  

    Represented a Trust collecting in federal court on several notes to a business investor, who was a former tax partner at a major accounting firm.  The notes had been assigned to the Trust shortly before the death of the bearer. The defendant claimed in pleadings and at deposition that the notes had been orally forgiven prior to the bearer's death. When the defendant's tax returns were requested (to determine if he had declared the forgiveness of debt income), the defendant consented to judgment in the full amount of the claim.  Plaintiff also received summary judgment on defendant's counterclaim on the grounds that it should have been brought against the Estate (against whom the statute of limitations had run) and not the Trust.

    Retained by the Philadelphia Stock Exchange to serve as Special Prosecutor in prosecuting the largest securities fraud scheme ever perpetrated on the floor of the Exchange.  Served as second chair (handling several witnesses and the rebuttal case) in the trial team.  The decision for the Exchange was upheld on appeal through to the Board of the Securities and Exchange Commission.

    Served as chief counsel and obtained a TRO and preliminary injunction against the former executive of a large rare book dealership in an action in the Southern District of New York before the Honorable Robert Sweet, carving out an exception to New York law on the confidentiality of customer lists.

    Served as lead counsel in an ERISA appeal before the Second Circuit Court of Appeals (settled in appellate mediation.)