John J. Delany III

John J. Delany, IIIJohn J. Delany, III

Jack Delany is a founding member of DelanyMcBride. He has been named a Certified Civil Trial Advocate by the National Board of Trial Advocacy (recognized by the Pennsylvania Supreme Court as the certifying body for Pennsylvania attorneys) and is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Additionally, Mr. Delany is an active member of the Defense Research Institute and the Federation of Defense and Corporate Counsel.

Jack devotes his practice primarily to construction, toxic/mass torts, auto/transportation, employment and products liability litigation. He has been fortunate to represent many Fortune 500 companies directly and/or as insureds. He has handled complex litigation matters at the federal and state levels, as well as in administrative agencies and alternative dispute resolution forums.

He has tried to a conclusion in excess of 70 jury trials and hundreds of bench trials/arbitrations/mediations; Jack is the editor and primary author of Toxic Torts Law and Science Manual, Mealey Publications; Toxic Tort and Medicine Internet Directory, Defense Research Institute; Trends in Occupational Lead Exposure Claims, American Bar Association (TIPS); Defending Indoor Air Quality Claims, IAQ Publications; Defense Strategies in Construction Personal Injury Litigation, Litigation Forum, Inc.; Pennsylvania/New Jersey Defense Litigation Manual (First and Second Editions), and numerous other national publications in the fields of toxic torts, transportation, products, employment and construction litigation. He is the national coordinating counsel for several manufacturers and builders in mass/toxic torts and products liability litigation.

Prior to founding DelanyMcBride, Jack founded Delany &O’Brien and before that Jack worked as a Senior Associate and Office Manager for a Philadelphia law firm. He also worked for the Philadelphia Housing Authority as the Assistant Counsel.

Jack attended Albright College as undergraduate and received his Bachelor’s Degree in Political Science. Upon graduation he was named to the National Register of Outstanding College Graduates. He then went on to the University of Bridgeport (Quinnipiac University) School of Law where he received his J.D.

PUBLICATIONS:

Books:  Toxic Torts Law & Science Manual
Mealey Publications, 1996
Editor and Primary Author

Toxic Tort and Medicine Internet Directory
Defense Research Institute
Editor and Primary Author

Pennsylvania and New Jersey Defense Litigation Manual
Litigation Forum, Inc.
Editor and Primary Author

Publications/Presentations:

Numerous national and local publications and seminars geared toward legal, industry, insurance, and trade groups in the fields of environmental and toxic/mass torts, construction, employment, products and general liability litigation.
(Available Upon Request)

LEGAL POSITIONS:

American Arbitration Arbitrator
(Certified Construction, Commercial and Labor Litigation Arbitrator)
Camden County Superior Court Arbitrator
Philadelphia Court of Common Pleas Arbitrator
United States District Court for the Eastern District of Pennsylvania Arbitrator

ASSOCIATIONS:

Defense Research Institute (Toxic Tort, Construction and Products)
American Bar Association (Construction and Employment)
Camden County Bar Association
New Jersey Bar Association (Construction and Employment)
Pennsylvania Bar Association (Litigation and Products)
Philadelphia Bar Association
New York Bar Association

SIGNIFICANT LITIGATION

Joseph Porter v. Combustion Engineering, Inc., et al.
Delaware County Court of Common Pleas

This case involved an explosion in an ash re-injection bin at the Scott Paper Cogeneration Facility.  Jack defended Combustion Engineering in six underlying liability claims, the contractual cross-claims, the worker’s compensation claims, the insurance coverage claims, and other ancillary disputes.  Litigation was pending in three different states at the administrative agency level and in the federal and state courts.

In the main case alone, plaintiff’s medical expenses exceeded $1.5 million, future medical expenses were estimated in excess of $1 million, and lost wages and loss of future earnings were calculated in excess of $2 million.  Jack successfully negotiated an advantageous settlement in this case after years of litigation.  His client paid approximately 10% of the indemnity dollars of the total settlement package and had a majority of its attorney’s fees paid by an outside entity.

Stumpf v. Fay, PennDOT and Trumbull
Cumberland County Court of Common Pleas

In this wrongful death action on a heavy construction project, Jack received a favorable result which he handled at three different levels — OSHA, Civil and Grand Jury investigation proceedings.  Terms of settlement are confidential.

Philadelphia School District v. Basic Inc., et al.
Philadelphia County Court of Common Pleas (Judge Moss)

This matter involved an asbestos property damage claim wherein the claims asserted against Basic Inc. alone were in excess of $12 million.  This matter involved not only the underlying liability claim for property damage but complex insurance coverage issues, contractual indemnity issues and ancillary disputes which were litigated at the state level in three different jurisdictions.  The matter was favorably resolved during the jury selection process.

CSSI v. SER, RAC and The Bank of New York
United States District Court, Eastern District of Pennsylvania (Judge Huyett)

This litigation involved contractual, commercial, construction and surety bond issues on a $50 million O & M Contract at a Cogeneration facility.  Jack represented CSSI as plaintiff in this multi-million dollar dispute and also handled all environmental, employment and personal injury claims generated at the power point.

In one of the main cases, Jack tried to a jury plaintiff’s claim in excess of $12 million and defended his client in a counterclaim in excess of $22 million.

Holbrook v. Combustion Engineering, et al.
United States District Court, Eastern District of Pennsylvania (Judge Giles)

In this wrongful death case, Jack received a defense verdict on behalf of Combustion Engineering after two weeks of trial. The plaintiff’s demand after jury selection was $3.1 million.  Since that verdict in the fall of 1994, Jack has secured two other defense verdicts in Miller v. Combustion Engineering (Judge Cahn), another wrongful death case in the United States District Court for the Eatern District of Pennsylvania and Toy v. Combustion Engineering, Inc. in the Court of Common Pleas in Philadelphia (Judge Sabo).

Johnson v. Pomona Oil Company
Superior Court of New Jersey, Atlantic County (Judge Winkelstein)

In this oil spill case, the plaintiff sought damages for personal injuries, emotional distress, loss of use of enjoyment of premises, diminution of property value, remdiation cost and personal and property damage reimbursement.  After Jack prevailed on two Daubert hearings on the third day of trial, plaintiff settled for less than defendant’s original pre-trial offer.

Moran and Miranda v. Grumman Ohio Corp., et al.
Philadelphia County Court of Common Pleas (Judge Lederer)

In this jury trial, Jack successfully received a dismissal for one defendant at the conclusion of plaintiff’s expert testimony and plaintiff accepted its pretrial offer for the remaining plaintiff during trial.

Jack has settled while picking and/or starting the impanelment of a jury in asbestos wrongful death case for Gentex, Pittsburgh Metals Purifying, Grumman, Grove Hardware, Basic and multiple other defendants throughout the various counties in Pennsylvania and Middlesex, New Jersey.

Allen v. Coiante
Superior Court of New Jersey, Mercer County (Judge Kelly)

This case involved a 29-year-old plaintiff who had past and future medicals in excess of $200,000, was permanently disabled with a future knee and shoulder replacement, foot drop, multiple nerve palsies, multiple torn tendons and nerves, extensive scarring, multiple fractures and dislocations and past and future lost wages in excess of $1 million.  The defendant admitted liability and made a pre-trial offer to settle for $800,000 and advised that it would entertain numbers in the range of $1 million; however, plaintiff did not reduce his pre-trial demand of $2.5 million until after the openings wherein the demand was reduced to $1.5 million.  After a two-week jury trial a verdict was returned for $387,000.

Patronoi v. Mrs. Paul’s Kitchens, et al.
United States District Court, Eastern District of Pennsylvania (Judge Rendell)

Jack represented Mrs. Paul’s Kitchens in this toxic tort personal injury claim, six other related personal injury claims, an insurance coverage dispute and numerous commercial contract disputes arising out of a single catastrophic event.  This toxic tort exposure case involved an accident wherein one person died and seven people were injured.  After years of litigation, Jack successfully orchestrated a multi-million dollar payment on a property damage claim to its client; settled six of the seven injury claims with MPK paying no indemnity and its defense cost being paid by the contractor’s carrier.  MPK was also reimbursed for 80 percent of its cost in an OSHA investigation which closed the factory down for a significant time period.

KPM Corporation v. USA, HUD, PHA and J&L Plumbing
Philadelphia County Court of Common Pleas (Judge DeBona)

This matter involved a multi-million dollar contractual claim for unjust enrichment, unconstitutional taking and breach of contract.  Jack settled this case on the fourth day of the trial before the Honorable Judge DeBona of the Philadelphia Court of Common Pleas.  PHA settled the matter for approximately 10 percent of the plaintiff’s demand made on the first day of trial.

Fagans v. Maloney
Superior Court of New Jersey, Camden County (Judge Orlando)

Jack received a favorable jury verdict after two weeks of trial.  The plaintiff alleged he was totally disabled from this incident and suffered from fifth cranial nerve palsy, fibromyalgia, broken ribs and foot, extensive scarring, and soft tissue injuries.  Plaintiff’s past and future wage claims alone exceeded $1 million.

Edmunds v. The Sico Company
Dauphin County Court of Common Pleas (Judge Kleinfelter)

In this case plaintiffs demanded in excess of $165,000 seeking diminution in property value, remediation, restoration and personal property reimbursement costs due allegedly to defendant over-pressurizing an oil tank at their residence which caused approximately 230 gallons of oil to gush onto their basement floor.  As a result of this oil spill the Township and Pennsylvania DER required a monitoring well be installed and an encumbrance be placed on plaintiffs’ deed.  The jury awarded plaintiff only $10,175 because it found that defendant acted responsibly in responding to the spill and only disengaged itself from the remediation process when “overreaching” took over.

Brennan v. Pen Del Directory
United States District Court, Eastern District of Pennsylvania (Judge Giles)

On the third day of this high profile discrimination jury trial Jack’s opponent, who was represented by a major Philadelphia law firm, settled (with non-admission of liability) pursuant to the Judge’s evaluation.  Amount is confidential.

Brown v. A Major Pharmaceutical Company

The defendant in this high profile, high exposure employment case (whistle blower, ERISA, et cetera) settled for more than the original demand.  Terms of settlement are confidential.

Anaya v. Matera
Superior Court of New Jersey, Camden County (Judge Fluharty)

Serious personal injury trial, wherein defendant offered policy limits of $100,000 to plaintiff prior to trial.  Plaintiff refused and counter offered to settle for $300,000.  Jack received a defense verdict from the jury.

Bing v. Smith
Superior Court of New Jersey, Camden County (Judge Green)

Jack received a defense verdict in this highly contested personal injury jury trial.

Germany, et al. v. Spears, et al.
Superior Court of New Jersey, Salem County (Judge Bowen)

In this highly contested damages-only jury trial on behalf of the defendants, Jack received a zero verdict as to both plaintiffs.

Cartaino v. Levy
Superior Court of New Jersey, Camden County (Judge Drozdowski)

Defendants stipulated to liability and tried a two-week damages-only jury trial against three plaintiffs.  Jack received two defense verdicts and in the third case (the most serious one) the jury returned a verdict of $30,000.  This plaintiff alleged permanent brain damage, bilateral carpal tunnel syndrome, cubital tunnel syndrome, four herniated discs and massive bruising and contusions.

Amendolia v. Allstate
Superior Court of New Jersey, Camden County (Judge Green)

Jack received a defense verdict in this full-tort, damages-only trial wherein plaintiff had alleged the need for a total shoulder replacement, a T-1 compression fracture and other related soft tissue injuries as a result of an auto accident wherein his car was totaled.  The plaintiff received a total shoulder replacement and was out of work approximately one half year.  After a three-day trial, the jury returned a verdict in favor of the defendant, Allstate Insurance Company.

Fleming v. Downs
Superior Court of New Jersey, Camden County (Judge Supnick)

Jack received a defense verdict in this full tort jury trial that was tried over two weeks wherein plaintiff was claiming extensive permanent injuries and future lost wages.

Ernshaw v. Reynold
Superior Court of New Jersey, Atlantic County (Judge Highbee)

The jury returned a favorable verdict in this damages-only trial ($7,500), wherein the jury awarded plaintiff one-third of what defendants offered plaintiff prior to trial.  Plaintiff had approximately $18,000 in medical damages, a four-day hospital stay, $27,000 in past lost wages and in excess of $300,000 in future lost wages.

Lavin v. DePaul
United States District Court, Eastern District of Pennsylvania (Judge Waldman)

After prevailing on major pretrial motions (Daubert, Statutory Employer, Motion in Limine, Bifurcation, et cetera), this matter settled the first day of re-trial for one half of the original jury award that the prior law firm received in this adult lead exposure case.

Charocopis v. Dilks
United States District Court, Eastern District of Pennsylvania (Judge Shapiro)

The jury returned a favorable verdit in this damages-only trial, wherein his client received a defense verdict against one of the plaintiffs and as to the remaining plaintiff the verdict was less than the pre-trial offer and prior arbitration award amount for pain and suffering.

Connoly v. Martin
Philadelphia County Court of Common Pleas (Judge Bernstein)

On the fourth day of trial, plaintiff dropped his original demand of $300,000 and accepted defendant’s original pre-trial offer of $20,000.  The plaintiff had multiple knee operations, future medical claim (knee replacement) and an extensive past and future lost wage claim.

Patrick v. Coan
Superior Court of New Jersey, Middlesex County (Judge Kevark)

Plaintiff suffered multiple serious injuries that required numerous hospital stays and surgeries and resulted in a significant lost wage claim.  After a multi-week trial, a jury returned a verdict one-sixth of the pretrial offer and less than 10 percent of plaintiff’s pre-trial demand.

Epps, et al. v. Jani
Superior Court of New Jersey, Camden County (Judge Frato)

In this multi-week jury trial Jack received a verdict in its favor as to one plaintiff and a defense jury verdict as to the remaining plaintiff.  Both claimants claimed a total disability and permanent impairment due to their alleged multi-faceted injuries.  Plaintiff produced in excess of seven expert and five factual witnesses.  The directed verdict was a result of cross-examination of plaintiff’s expert on proximate cause.

In Re: Nova Telecom, Inc.
United States Bankruptcy Court, District of Nevada (Judge Jones)

Jack tried to a successful conclusion multiple adversarial trials involving complex commercial telecommunications disputes wherein multi-million dollar cases were decided in his client’s favor.  In addition, Jack was also awarded several hundred thousand dollars in attorney’s fees and costs as the prevailing party.

Berry v. Millville Village, Inc.
Superior Court of New Jersey, Salem County (Judge Rafferty)

Plaintiff claimed permanent neurological damage due to a toxic exposure.  Plaintiff was committed to multiple psychiatric hospitals and had medical bills in excess of $150,000.  On the eve of trial and after defendant filed a Daubert/Net Opinion Motion in Limine/Motion for Summary Judgment, plaintiff withdrew with prejudice the case as the Judge advised he would grant defendant’s motion.

McGirr v. Klima
United States District Court, Middle District of Pennsylvania (Judge Vanaskie)

After videotape deposition of plaintiff’s pulmonary/cardiology experts and the filing of a Daubert motion, plaintiff settled on the eve of trial for 1 percent of the pretrial demand and one-fifth of the pretrial suit offer.  The terms of the settlement are confidential.

Reimer v. Harrison
United States District Court, Eastern District of Pennsylvania (Judge Cahn)

This serious injury jury trial was favorably settled after the conclusion of all expert trial testimony was completed.  Plaintiff had multiple knee operations, claimed the need for a future knee replacement and made a claim for lost wages in excess of $1 million.

Fiocca v. Kaczur
Philadelphia County Court of Common Pleas (Judge Lazarus)

Plaintiff settled this personal injury jury trial after expert trial testimony was completed, and dispositive trial motions were granted in defendant’s favor, at defendant’s original pre-trial offer.

Pritchett v. Cloud, et al.
Superior Court of New Jersey, Gloucester County (Judge Smith)

Jack received a defense verdict in this three-day jury trial.

Pogor v. Combustion Engineering, Inc., et al.
United States District Court, Eastern District of Pennsylvania (Judge Giles)

Combustion Engineering was successful in receiving summary judgment in the first Leonard Jacques maritime hearing loss case that was scheduled for trial in the country.

Fenton v. Voorhees Township
Superior Court of New Jersey, Camden County (Judge Mariano)

A jury returned a favorable liability verdict for Jack’s client in this bifurcated trial.

Piepszowski v. Smith
Superior Court of New Jersey, Camden County (Judge Supnick)

During the second day of this jury trial, plaintiff accepted defendant’s pretrial offer after Jack completed his cross-examination of plaintiff and her family members.

LaSpada v. Foster, et al.
Superior Court of New Jersey, Gloucester County (Judge Smith)

This trial was the second jury trial before Judge Smith that jack received a favorable result.

Whitcomb v. Carroll, et al.
Superior Court of New Jersey, Camden County (Judge Rand)

In this high-profile jury trial Jack received a favorable jury verdict.

Hanlon v. Sargent
Superior Court of New Jersey, Camden County (Judge Green)

In this high-profile jury trial Jack received a favorable jury verdict.

Hagan v. Torres
Superior Court of New Jersey, Camden County (Judge Green)

In this case, Jack received a positive liability split from the jury with co-defendant being found 95 percent liable.  Jack’s client paid $0.00.

Donio v. Doberstein
Superior Court of New Jersey, Camden County (Judge Little)

Jack received a favorable jury verdict in this personal injury case wherein the plaintiff claimed permanent disability and sought relief for pain and suffering, medical reimbursement, and lost wages in excess of $1 million.

Gingras v. Nova Care, Inc. (In Re; Coal Clinics)
United States District Court, Eastern District of Pennsylvania (Judge Broderick)
United States Bankruptcy Court of North Carolina (Judge Whitley)

Jack has litigated various segments of this case at a multitude of levels in several states and in arbitration and at each stage has received positive results in this complex, commercial dispute where plaintiff is making claims for multi-millions in alleged damages.

Harley Davidson v. Langan Engineering
United States District Court, Middle District of Pennsylvania (Judge McClure)

Jack successfully tried this jury case to a conclusion wherein the jury returned a verdict for less than 5 percent of plaintiff’s claim and 10 percent of defendant’s pre-trial offer to settle.  The matter involves a construction accident that resulted in the Harley-Davidson plant being shut down.

Smith v. Doe, LLC
United States District Court, District of New Jersey (Judge Bissell)

Jack tried to a jury a complex age discrimination case for 3.5 weeks.  Matter resolved confidentially.

Doe v. Doe
United States District Court, District of New Jersey (Judge Simandle)

Jack tried a three-week jury trial on a fraudulent inducement/CEPA claim and the matter is presently before the Third Circuit Court of Appeals.

Benson v. Doe Crane Co.
Dauphin County Court of Common Pleas (Judge Kleinfelter)

During this wrongful death jury trial the matter settled for less than one-third the pre-trial demand.  Ther terms of the settlement are confidential.

Yankowski v. National Semiconductor
Philadelphia County Court of Common Pleas (Judge Moss)

On the first day of jury selection the plaintiff settled this wrongful death claim.  Jack’s client paid less than three percent of the settlement even though he was claimed to be a target defendant.  Jack’s client prevailed on numerous pre-trial motions.

Doe v. Doe Transportation Co.
Lehigh County Court of Common Pleas (Judge Wallitch)

A summary jury trial resolution in a verdict of two out of three of Jack’s cleints not negligent, no punitive damages, and an award below the pre-trial offer to settle and approximately $1 million below the demand.  During the course of the real jury trial and the medical testimony of a majority of plaintiff’s medical experts the matter resolved.  The terms of the settlement are confidential.

Boardly v. Linsky
Superior Court of New Jersey, Burlington County (Judge Bell)

Jack obtained a defense verdict in this jury trial (permanent disability to young women).

Byrnes v. Robertello
Superior Court of New Jersey, Gloucester County (Judge McDonald)

After doctor’s video deposition and jury selection, plaintiff withdrew claim with prejudice.

Penate v. McDyer
Superior Court of New Jersey, Camden County (Judge Meloni)

Jack received a defense verdict in this trial.

Vietro, et al. v. Fetterman, et al.
Northampton County Court of Common Pleas (Judge Smith)

Jack was able to negotiate an advantageous settlement on behalf of his client after selecting the jury and prevailing on numerous Motions in Limine excluding multiple doctors and issues from the trial.  The plaintiff, a young lade who was airlifted from the scene of this horrific accident, has suffered traumatic brain injury, multiple scalp, elbow and body lacerations, multiple fractures, torn ligaments and other significant physical and emotional injuries.  The plaintiff was demanding lost wages, future lost wages, medical bills and future life care for an amount in excess of $1 million.

Thomas v. Banton, et al.
Lehigh County Court of Common Pleas (Judge Wallitsch)

This case involved a horrific trucking accident case wherein the plaintiff was confined to a bed for over a half of year with crushing/fracturing injuries to her pelvis, legs, arm, cheekbones, along with other soft tissue and psychological injuries, as well as mild traumatic brain injury.  This young woman boarded lost wages, future lost wages, future medical care in excess of one and a half million dollars.  Pursuant to local county rules and order of the court, Jack tried a summary jury trial plaintiff demanded a full jury trial.  After opening statements, plaintiff ultimately accepted defendants’ offer which brought the matter within policy limits.  Client and the carriers were ecstatic with this result.

Benson v. Dickinson Crane
Dauphin County Court of Common Pleas

Two weeks prior to trial Jack was requested to step in for another law firm to try this wrongful death/survival action case to a conclusion.  On the third day of this jury trial, plaintiff accepted the defendants’ reduced pretrial offer, which was a fraction of the court’s evaluation and plaintiff’s pre-trial demand.  This was a direct result of the defendant prevailing on trial motions and cross-examination of witnesses and experts.

Georgescu v. Philadelphia Sign Company, et al.
Superior Court of New Jersey, Burlington County (Judge Bell)

Jack tried this jury trial case over a two-week period.  The case involved a young man in his early twenties who allegedly became permanently disabled due to a work accident wherein he was confined to hospital care for months and required numerous surgical operations on his back, arms and hands.  Prior to trial the arbitrators awarded surgical operations on his back, arms and hands.  Prior to trial the arbitrators awarded plaintiff $2 million.  Later Judge Bell placed a settlement value for the case at $1.5 million.  Duirng the course of the trial, Judge Bell continued to reduce her value of the case after each plaintiff witness testified.  Just prior to closing arguments plaintiff accepted defendants’ pretrial authority which was less than 20 percent of the arbitration award and plaintiff’s pretrial demand.

Rosario v. Welcome, et al.
Superior Court of New Jersey, Burlington County (Judge Bell)

After videotape deposition of plaintiff’s doctors and Motions in Limine filed as a result thereof, plaintiff accepted defendants’ pretrial offer, which was a fraction of plaintiff’s demand, arbitration award and the judge’s assessment of value.

Smith v. Suffolk Construction
Philadelphia County Court of Common Pleas (Judge Manfredi)

Just prior to trial, Jack’s client settled the case, paying zero indemnity dollars to plaintiff and having 100 percent of its litigation costs picked up by one of its co-defendants.

Oruska v. Suffolk Construction
Philadelphia County Court of Common Pleas (Judge Manfredi)

Prior to jury selection, Jack was successful in settling by paying plaintiff zero indemnity dollars and having a majority of its defense picked up by its co-defendant.

Raimo v. McClain
United States District Court, Eastern District of Pennsylvania (Judge Yohn, Jr.)

Jack’s strategic defense was successful in bringing this matter to a conclusion with his client paying zero.  Jack represented the Traffic Control Contractos in a multi-death/injury and multi-jurisdictional horrific accident case.

Rouse v. Skanska
Superior Court of New Jersey, Hunterdon County (Judge Marino)

A 45-year-old sheet metal worker alleged that while descending a stairwell from the fourth floor down to the bottom floor, he slipped on an inconspicuous fireproofing.  As a result of the accident, plaintiff claimed to have suffered RSD (Complex Regional Pain Syndrome), right acromioclavicular impingement, torn sternoclavicular joint, Thoracic Outlet Syndrome, shoulder tendonitis, bicipital tendonitis, TMJ, C4-7 Facet Syndrome, L3-S1 Facet Syndrome, C6-7 disc, and instability with radiculopathy, L4 disc, and instability with radiculopathy.  Plaintiff also originally alleged memory loss, psychological injuries, divorce being a result of the fall, urinary frequency, left ear hearing diminishment, and cognitive deficits.  The Social Security Administration found Plaintiff to be fully and permanently disabled and awarded him full disability pension.  Plaintiff’s demand was in excess of $1 million and Defendant’s only offer was $125,000.

At the close of plaintiff’s case, a Motion for a Directed Verdict on behalf of Sordoni Skanska was granted.  The case proceeded to go to the jury against Island Lath and Plaster, the fireproofing contractor.  After jury deliberations of approximately one hour, a Defense verdict in favor of Island Lath and Plaster was returned.  The case was an extremely complex medical case, involving some of the leading doctors in the country on chronic pain syndromes.

Estate of Gerber v. MSG Associates, Inc.
Northampton County Court of Common Pleas (Judge Moran)

During jury selection of this wrongful death case, the judge reopened teh record on MSG’s Motion for Summary Judgment on the Statutory Employer defense and held an evidentiary hearing.  Thereafter, the judge entered judgment in Jack’s client’s favor and dismissed the claims with prejudice.  At the time of dismissal, the demand was $2.1 million and the settlement offer was $175,000.  The Pennsylvania Superior Court affirmed the lower court’s decision in October 2005.

Williams v. Septa
Philadelphia County Court of Common Pleas (Judge New)

Jack prevailed on a statutory immunity defense and had the claims dismissed with prejudice.  The plaintiff claims total disability and the past and future economic loss in excess of $1.5 million and past and future medicals in excess of $400,000.

Calorio v. High Concrete
Superior Court of New Jersey, Mercer County (Judge Jacobson)

Plaintiff dropped his $800,000 demand while the jury was being impaneled and accepted an offer that was pending one year prior to trial.  Four Motions in Limine filed to preclude plaintiff’s liability experts was the precipitating major factor.

Gelmine v. Reliable Ambulance
Superior Court of New Jersey, Middlesex County (Judge Leblon)

Jack received a defense verdict after a two week jury trial.  Plaintiff claimed a total permanet disability after being hospitalized for over a month and then confined to a bed for six months due to a traumatic injury to her knee.  Her knee was replaced two times in a one year period.  Plaintiff’s demand was in excess of $1 million and was offered a sizeable pretrial offer which was rejected.

Minor v Major Travel Company
United States District Court, Eastern District of Pennsylvania (Judge Kauffman)

Jack took over 40 depositions (including the CEO and many non-U.S. citizens), won numerous dispositive and pretrial motions, which created favorable law for his client.  Nor more can be said due to a confidentiality agreement and sealing of said records.

Doe Father, Mother, Child and Estate v. Product Manufacturers
Philadelphia County Court of Common Pleas

Jack successfully defended a product manufacturer in a wrongful death/survival action fire-related death case, due to an allegedly defective product.  This case was significant for complex legal issues regarding physical/psycological, spoliation, Frye and other expert issues.  Approximately two weeks of evidentiary hearings occurred on Frye/spoliation issues.  Matter resolved after jury was impaneled and right before opening statements.

Employment Litigation

Jack has tried and litigated employment liability issues for plaintiffs and defendants in Pennsylvania and New Jersey (federal and state).  Because a majority of the results of these cases are under strict confidentiality agreements, case specifics are not mentioned.  Jack has defended the Philadelphia Housing Authority, Asea Brown Boveri, R3 Technologies, Combustion Engineering, Colgate Palmolive (Princess House), Perini Corporation, Delaware County Community College, Macy’s, Wawa, Wells Fargo, Sunoco, Inc., and Yonkers Contracting, Inc., as well as a multitude of municipalities in Title VII, NJLAD, ADEA, Section 1983 and CEPA claims.  He has also tried and/or settled high-profile plaintiff cases, as well, on those topics.  He ahs created law on key major issues and presented seminars for industry on how to avoid and minimize liability exposure in human resource decisions and how to devise and implement winning litigation strategies.