hero-find-an-arbitrator

Phone: (610) 212-9877

150 Rose Lane

Haverford, PA 19041-1618

Judith Meyer

Profession:

Arbitrator, Mediator, Judge Pro Tem, Special Master, Referee

Current Employer:

Commercial Dispute Solutions

Areas of Expertise:

✔ Appellate ✔ Arts (Fine, Performing)
✔ Banking & finance ✔ Commercial/Business
✔ Condominiums ✔ Construction
✔ Contract Disputes ✔ Debt/Foreclosure
✔ Defamation (Libel & Slander) ✔ Eminent Domain
✔ Employment ✔ Executive Compensation
✔ Family Businesses ✔ Franchise
✔ Health Care ✔ Industrial
✔ Insurance ✔ Land Use/Planning
✔ Landlord/Tenant ✔ Legal Malpractice
✔ Licensing ✔ Medical Malpractice
✔ Mergers & Acquisitions ✔ Non-profit Organizations
✔ Nursing Homes ✔ Partnerships
✔ Personal Injury ✔ Premises Liability
✔ Probate ✔ Professional Fees
✔ Professional Liability ✔ Professional Malpractice
✔ Professional Negligence ✔ Real Estate
✔ Shareholder Disputes ✔ Title Disputes
✔ Torts ✔ Trademarks
✔ Trade Secrets and Confidentiality Disputes ✔ Transportation
✔ Trusts/Estates

Experience:

MEDIATION AND ARBITRATION PANELS • American Arbitration Association, Commercial and Employment Panels • Distinguished Neutral, Commercial, Franchise, Employment Panels and National Panel, CPR International Institute for Conflict Prevention and Resolution; Florence (Italy) International Mediation Center • Mediator, American Health Lawyers Association • Panelist, National Academy of Distinguished Neutrals; ADROptions; ADR Select • Arbitrator & Mediator, USDC, Eastern District PA • Arbitrator & Mediator, Financial Industry Regulatory Authority [FINRA] • Mediator, US Bankruptcy Court for the District of Delaware • Judge Pro Tem, Commerce Court, Philadelphia Court of Common Pleas • Mediator, United States Federal Circuit Court of Appeals & US International Trade Commission • Mediator, Singapore Mediation Centre & US-China Business Conciliation Ctr, CCPIT Beijing • Mediator, Business & Technology Case Management Program, State Courts of Maryland • Mediator, Equal Employment Opportunity Commission • Mediator, Superior Courts of New Jersey; U.S. District Court for the Eastern District of Pennsylvania • Special Discovery Master & Referee Reliance Liquiedation, Commonwealth Court of PA • Neutral, JAMS [co-founded Philadelphia office of JAMS, 2004-2006] • Mediator & Arbitrator, Class Action Appeals Committee, Prudential Policyholders ADR Remediation Plan • Arbitrator, 9/11 Victims’ Compensation Fund; Arbitrator & Mediator, 2012 Hurricane Sandy Claims • Arbitrator, USA Track and Field Olympic Trials, Doping Grievances Panel, 1998 • Mediator, New York Metropolitan Transit Authority, 1992 PROFESSIONAL CERTIFICATIONS, APPOINTMENTS, MEMBERSHIPS & AWARDS • Sir Francis Bacon Award bestowed by Pennsylvania Bar Association in May 2016 for Excellence in Mediation • Member, National Academy of Distinguished Neutrals • Chair, Philadelphia Bar ADR Committee, 2011 • Certified Mediator, International Mediation Institute & Chair, IMI Independent Standards Commission • Member, Academy of Advanced Practitioners, Association of Conflict Resolvers • Fellow, Chartered Institute of Arbitrators [FCIarb] • Member, Academy of Court Appointed Masters • Distinguished Fellow and Former Board Member, International Academy of Mediators Member [2000-2010], American College of Civil Trial Mediators • Member, College of Commercial Arbitrators • Fellow, Claims and Litigation Management Alliance • Hearing Examiner, Los Angeles Board of Police Commissioners • Member, American Bar Association Section of Dispute Resolution; Arbitration & Mediation Committees • Best Lawyers in America, ADR, 2006 - 2016; PA SuperLawyer in ADR 2005 - 2016 • Member, PA Bar (active), Idaho Bar (active), California Bar (inactive) COMMUNITY SERVICE Board Member, Executive Committee Member ANTI-DEFAMATION LEAGUE Regional Board Chair 2015-2017 Commissioner LOWER MERION TOWNSHIP HISTORICAL COMMISSION, 2000-2013 Mediator Pro Bono, ARTS + BUSINESS COUNCIL OF PHILADELPHIA Mediator Pro Bono, PHILADELPHIA HUMAN RELATIONS COMMISSION UNIVERSITY TEACHING Adjunct Professor ADR, Cornell Law School 1999-present; Guest Lecturer, University of Pennsylvania Law School, Wharton School of Business, Beasley School of Law, Temple Univ, Dickinson School of Law (Penn State Univ), Rutgers Law (Camden) ARTICLES [partial list] Contributing Columnist “On Professional Practice”, ABA Dispute Resolution Magazine, 2016 – Book Review, “Anatomy of a Mediation”, James Freund, , Dispute Resolution Magazine, Summer 2013; Book Review, “Blind Spots”, M. Bazerman and A. Tenbrunsel, 2012, IAM Review; Book Review, “Bargaining With the Devil” by R. Mnookin, 2010, IAM Review; “Mediators Alert: Now, Certification Goes Global”, Alternatives, March 2008; “When the Neutral’s Dilemma Hits: Routine Problems, and the Not-So-Routine Repercussions of Common Arbitration Conflicts,” Alternatives, May 2007; “ADR vs. The Bench: Why Are Neutrality Standards Different?” Alternatives, April 2007; “Mediation in the Media”, Alternatives, 2005; “Think Outside the Box: Use Mediation Proactively,” Corporate Counsel Magazine, January 2005 TRIAL LAWYER EXPERIENCE Litigation Of Counsel, Bazelon, Less and Feldman (Philadelphia); Partner, Meserve, Mumper & Hughes (Los Angeles); Litigation Partner, Lande Rolston & Meyer [Beverly Hills] EDUCATION BARNARD COLLEGE, B.A.; CORNELL LAW SCHOOL, J.D., 1974, E.D.P. CAREY WRITING AWARD; MOOT COURT BOARD

Work History:

Principal J.P. Meyer Associates, Arbitration and Mediation, 1995-present; Judge Pro Tem, Commerce Court Philadelphia, 2004- present; Referee and Special Master, Commonwealth Court Pennsylvania; Of Counsel, Bazelon, Less & Feldman, Philadelphia, PA, 1988-1995, Mediator, Judicate, Inc., 1990-1994, Mediator, American Intermediation Service, Inc., 1986-1990, Mediator, New York Metropolitan Transit Authority (named in construction contract), 1989, Hearing Examiner, Los Angeles Police Commission, 1979-1988, Partner, Lande, Rolston & Meyer, Beverly Hills, CA, 1984-1988, Partner, Meserve, Mumper & Hughes, Los Angeles, CA

Cases:

Mediator/Arbitrator in national class action alleging fraudulent sales practices in the placement of life insurance Mediator in eleven U.S.C. Section 547 preference avoidance actions Claim of system failure by NASD broker dealer against clearing firm Denial of tenure to university hospital physician in Department of Psychiatry Declaratory judgment action determining whether a single deductible covers

Training:

I taught arbitration and mediation as an Adjunct Professor at Cornell Law School 1999-2014. I have taken 100s of hours of arbitration training through the American Arbitration Association, the College of Commercial Arbitrators, and JAMS.

License:

JPM BAR ADMISSIONS California Supreme Court, 12/30/1974 (Bar no. 62127) USDC, Central District of CA, 01/08/1975 US Tax Court, 06/14/1982 USDC, Eastern District CA, 05/06/1983 USDC, Southern District CA, 08/03/1984 US Court of Appeals, 9th Circuit, 01/28/1985 PA Supreme Court, 07/07/1988 (Bar no. 52415) USDC for the Eastern District of PA, 07/13/1988 Idaho Supreme Court, 03/05/2004 (Bar no. 6602)

Awards:

Sir Francis Drake Award 2016 from the PA Bar excellence in ADR. E.D.P. Carey Writing Award, Cornell Law School. Award for Hearing Officer Excellence, Los Angeles Board of Police Commissioners, 1987.

Panels:

MEDIATION AND ARBITRATION PANELS • American Arbitration Association, Commercial and Employment Panels • Distinguished Neutral, Commercial, Franchise, Employment Panels and National Panel, CPR International Institute for Conflict Prevention and Resolution; Florence (Italy) International Mediation Center • Mediator, American Health Lawyers Association • Panelist, National Academy of Distinguished Neutrals; ADROptions; ADR Select • Arbitrator & Mediator, USDC, Eastern District PA • Arbitrator & Mediator, Financial Industry Regulatory Authority [FINRA] • Mediator, US Bankruptcy Court for the District of Delaware • Judge Pro Tem, Commerce Court, Philadelphia Court of Common Pleas • Mediator, United States Federal Circuit Court of Appeals & US International Trade Commission • Mediator, Singapore Mediation Centre & US-China Business Conciliation Ctr, CCPIT Beijing • Mediator, Business & Technology Case Management Program, State Courts of Maryland • Mediator, Equal Employment Opportunity Commission • Mediator, Superior Courts of New Jersey; U.S. District Court for the Eastern District of Pennsylvania • Special Discovery Master & Referee Reliance Liquiedation, Commonwealth Court of PA • Neutral, JAMS [co-founded Philadelphia office of JAMS, 2004-2006] • Mediator & Arbitrator, Class Action Appeals Committee, Prudential Policyholders ADR Remediation Plan • Arbitrator, 9/11 Victims’ Compensation Fund; Arbitrator & Mediator, 2012 Hurricane Sandy Claims • Arbitrator, USA Track and Field Olympic Trials, Doping Grievances Panel, 1998 • Mediator, New York Metropolitan Transit Authority, 1992

Associations:

Fellow, Academy of Special Masters Board of Governors, International Academy of Mediators Member, College of Commercial Arbitrators Member, Section of Dispute Resolution, American (ABA) and Pennsylvania Bar Associations (PBA) Distinguished Fellow, International Academy of Mediators Co-Chair Independent Standards Commission of the International Mediation Institute

Education:

B.A., Barnard College, 1966 J.D., Cornell Law School, 1974 (E.D.P. Carey Writing Award; Moot Court Board)

Publications:

“Guided Choice and Mixed Modes Mediation”, ABA-ADR Dispute Resolution Magazine, Spring 2017. Conversations on the Practice of Mediation, ABA –ADR Dispute Resolution Magazine, Winter 2016. Book Review, “Inside Out: How Conflict Professionals Can Use Self-Reflection to Help Their Clients”, ABA-ADR Dispute Resolution Magazine, Summer 2015. Book Review, “Anatomy of a Mediation”, James C. Freund, ABA-ADR Dispute Resolution Magazine, July 2013. Book Review, “Blind Spots”, Max H. Bazerman and Ann E. Tenbrunsel, Mediation Letter International Academy of Mediators, July 2012. Book Review, “Bargaining With the Devil: When to Negotiate, When to Fight” by R. Mnookin, Mediation Letter International Academy of Mediators, June 2010. “Mediator Certification: What Are Some Practitioners Afraid Of?” Alternatives to the High Cost of Litigation, CPR International Institute for Conflict Preventions & Resolution, Vol. 26, No. 10, November 2008. “Mediator Certification: A Look at the IMI Standards,” Dispute Resolution Journal, August-October 2008, vol. 63, No.3. Mediators’ Alert: Now, Certification Goes Global”, Alternatives to the High Cost of Litigation, CPR International Institute for Conflict Prevention & Resolution, Vol. 26, No. 3, March 2008. Book Review “Alternative Dispute Resolution”, by Robert Creo, The Pennsylvania Lawyer Magazine November 2007. “When the Neutral’s Dilemma Hits: Routine Problems, and the Not-So-Routine Repercussions, of Common Arbitration Conflicts”, Alternatives to the High Cost of Litigation, CPR International Institute for Conflict Prevention & Resolution, Vol 25, No. 5, May 2007. “ADR v. the Bench: Why Are Neutrality Standards Different?”, Alternatives to the High Cost of Litigation, CPR International Institute for Conflict Prevention & Resolution, Vol. 25 No. 4, April 2007. “Mediation: 20 Tips in 40 Minutes”, 3rd PBI Institute, March 2007. “Powerful Persuasion: What Mediators Really Want to Hear”, Trial Magazine, Vol. 42, Issue 4, April 2006. “”Telling Stories: Lessons from the Bible, Literature and Film Provide a Reference for Mediation Work”, Alternatives to the High Cost of Litigation, CPR International Institute for Conflict Prevention & Resolution, Vol. 23, No. 10, November 2005. “Think Outside the Box: Use Mediation Proactively”, Corporate Counsel Magazine, January 2005. “Providing Alternatives to Litigation”, WomensBiz.US, October 2004. “Seven Common Myths of ADR”, Metropolitan Corporate Counsel, September 2004. “Creating and Certifying the Professional Mediator – Education and Credentialing”, American Journal of Trial Advocacy, Cumberland School of Law of Samford University, Vol. 28, Issue 1, Summer 2004. “Seven Myths and Three False Truths About ADR”, Pennsylvania Bar Institute, 2004. “Mediating the ‘Palsgraf’ Case”, ADR Currents, 12/01-02/02. "Pros and Cons of ADR", Dispute Resolution Journal, Summer 1997. “Mediator Credentialing”, Arbitration & Mediation, Spring 1997. "Mediation Works," Dispute Resolution Journal, April-June, 1995. "Changing Compensation Rules for Property Takings," Real Estate Review, Spring, 1981. "Inverse Condemnation: The Property Owner's 'Breach of Promise' Remedy", Real Estate Review, Fall, 1979. Columnist, On Professional Practice, ABA ADR Section Dispute Resolution Magazine, 2016 – present. Guided Choice Mediation and Mixed Modes, ABA-ADR Dispute Resolution Magazine, Spring 2017 The Repeat Player, ABA-ADR Dispute Resolution Magazine, Winter 2017 http://www.americanbar.org/content/dam/aba/publications/dispute_resolution_magazine/winter2017/10_the_repeat_player_holt_podziba_meyer_press.authcheckdam.pdf Conversations on Gaining Entry to ADR, ABA-ADR Dispute Resolution Magazine, Fall 2016 A Conversation on the Challenges of Mediation, ABA-ADR Dispute Resolution Magazine, Winter 2016 Adjunct Professor, Cornell Law School, 1999-2014. Presenter and Recipient, Sir Francis Bacon Award, Pennsylvania Bar Association, May 2016. Presenter, Temple Law School, How to Become a Mediator? , February 2016. Presenter, ADR Ethics Update, Pennsylvania Bar Association Civil Litigation Retreat, April 2015. Presenter, How to Become a Mediator?, American Arbitration Association, Webinar, December 2014 & Philadelphia Bar Association, April 2015. Panelist, Chicago Bar Association, The Art of Mediation, October, 2014. Panelist, International Academy of Mediators, Psychology of Mediation, October, 2014. Panelist, Pennsylvania Bar Institute 8th Annual Intellectual Property Law Institute: ADR for IP Litigation, April 2014. Panelist, Mediation Advocacy Training For the Ontario Bar: Mediating at the Highest Levels of Competence, Canada Bar Association, Strategies and Techniques from North America’s Best Mediators, May 2013. Panelist, Getting the Arbitration Process Parties Want and Need, Montgomery Bar Association, April 2013. Panelist, Effective ADR, Pennsylvania Bar Association Civil Litigation Section Annual Retreat, April 2013. Panelist, International Arbitration, 18th Annual Business Law Institute, November 2012. Panelist, Advanced Mediation, CLM Claims & Litigation Management Alliance, ADR/AFA Conference, September 2012. Speaker, CLE, Alternative Careers for Lawyers, May 2012. Speaker, ABA-ADR Section Meetings, Arbitration Ethics, April 2012. Speaker, ABA-ADR Section Meetings, Intercultural Competency, April 2011. Panel, Control Your Process, Control Your Costs: New Protocols for Arbitration, PBI CLE, June 2011. Speaker, Mediation from the Mediator’s Perspective, Women in the Profession Committee of the Philadelphia Bar, April 2011. Faculty, Litigators on Mediation (and Arbitration): Strategy, Tactics and Client Relations, PBI CLE, May 2011. Presenter, The Art and Practice of Mediation in Hong Kong, China and Korea, ABA ADR Section Meetings, April 2011. Program Co-Chair, International Academy of Mediators, Gender in Mediation, April 2009. Speaker, ABA-ADR Section Meetings, Mediator Certification, April 2009. Coach, Cornell Law School Team, International Chamber of Commerce Paris Moot Mediation Competition, February 2009. Presenter, Fordham Law School Institute on International Arbitration and Mediation, June 2008. Panelist, Arbitrating Franchise Disputes, CLE Teleconference, October 2007. Presenter, National Guardian Association, “The Benefits of Early Mediation”, October 2007. Presenter, Luncheon CLE, Employment Mediation, Morgan Lewis & Bockius, May 2007. Faculty, Negotiation, Wharton School of Business, Executive Education Program, April 2007. Presenter, Mediation: 20 Tips in 40 Minutes, 3rd PBA ADR Institute, March 2007. Lecturer, Philadelphia Trial Lawyers Association, “How to Psych Out Your Opponent”, November 2006. Presenter, Personal Injury ADR, Philadelphia Trial Lawyers Association, June 2006. Presenter, Ethical Dilemmas of the Neutral, 8th Annual ABA Section of Dispute Resolution Conference, April 2006. Presenter, Mediating Cases in Litigation, Weber, Gallagher, Simpson, Stapleton, Fires & Newby LLP, May 2006. Presenter, Mediating Employment Cases, Spector, Gadon & Rosen, P.C., April 2006. Faculty, 2nd PBI ADR Institute, “Stump the Mediator”, March 2006. Presenter, ADR Spectrum, Sweeny & Sheehan, Philadelphia, March 2006. Presenter, When Minds Don’t Meet: Dealing With Difficult Moments in Mediation, International Academy of Mediators, November 2005. Presenter, Negotiation and Mediation, Albertsons’ Regional Counsel Meeting, June 2005. Panelist, Psychological Impediments to Mediation Success”, CPR Institute for Dispute Resolution, June 2005. Panelist, “Are the Federal Courts More Efficient at Resolving Disputes Than Arbitration Panels?”, Federal Bench Bar Conference, June 2005. Panelist, Mediation for Trial Lawyers, American College of Trial Lawyers, May 2005. Seminar Presenter, “Literature, Film and ADR”, ABA ADR Section Meeting, April 2005. Faculty, 1st PBI ADR Institute, March 2005. Presenter, Philadelphia Trial Lawyers Association, October 2004. Panelist, ADR & Intellectual Property Disputes, Pennsylvania Bar Institute, June 2004. Presenter, Myths and False Truths of ADR, CPR Institute for Dispute Resolution, April 2004. Panelist, Mediator Certification, IAM and ACCTM Spring Meetings, April 2004. Facilitator/Moderator, Advanced Mediation and Advocacy Skills Training, ABA Section of Dispute Resolution, November 2003. Panelist, Philadelphia Intellectual Property Lawyers Association, Panel on ADR, October 2003. Panelist, The Lighter Side of Coverage: Bad Mediation, ABA Tort Trial and Insurance Practice Section, February 2003. Faculty, American Arbitration Association Neutrals’ Conference, “Arbitration of Statutory Discrimination Claims,” January 2003. Trainer, American Arbitration Association Panel Member Update, November 2002. Presenter, ADR: A Creative Approach to Solving Employment Disputes, Delaware Valley Employment Management Association, May 2002. Presenter, What is Mediation?, Committee on Women in the Profession, April 2002. Faculty, Advocacy in ADR Arenas, Pennsylvania Bar Institute, April 2002. Presenter, Philadelphia Commerce Court Mediation, March 2002. Faculty, Forensic & Litigation Services Conference Pennsylvania Institute of Certified Public Accountants, December 2001 Faculty, Strategies to Prevent or Avoid Litigation, Tri-State ADR Program, October 2001. Faculty on Employment ADR, American Arbitration Association Neutrals’ Retreat in Vancouver, October 2001. Faculty, “The Palsgraf Mediation”, ABA Annual Meeting, August 2001. Lecturer, Personnel Law Update, Council on Education Management, April 2001. Presenter, “Mediating Complex Executive Employment Disputes”, American Arbitration Association Mediator Conference, September 2000. Panel Participant, The Business of a Mediation Practice”, ABA Section of Dispute Resolution, April 2000. Faculty, “Mediation of Commercial & Construction Disputes”, American Arbitration Association, December 1999. Faculty, “Labor-Management & Employment Law”, American Arbitration Association, December 1999. Panel Participant, ADR for Business Solutions, American Arbitration Association, September 1999. Panel Participant, CPR Institute for Dispute Resolution, “ADR Issues Forum”, June 1999. Faculty, Insurance Practice Institute, “Med/Arb in Insurance Coverage Disputes”, April 1999. Presenter, “ADR in Statutory Employment Claims”, Lancaster County Bar Association, February 1999. Presenter, “Effective Use of Mediation”, 4th Annual Regional Meeting St. Paul Insurance, October 1998. Presenter, International Academy of Mediators, “Breaking Impasse: A Potpourri of Techniques in Mediation”, May 1998. Panelist, Montgomery Bar Association, “Arbitration of Business Disputes Under AAA Rules and Other Private Arbitration Issues”, April 1998. Faculty, Fourth Annual Health Law Institute, “Mediation in Health Care”, April 1998. Faculty, Pennsylvania Bar Institute Continuing Legal Education, "Alternative Dispute Resolution", June 1997. Panelist, American Bar Association, "Establishing and Maintaining a Successful ADR Neutral Practice", May 1997. Lecturer on ADR, Dickinson School of Law, February 1997. Faculty, ADR Seminar, Legal Education Committee/Civil Division Delaware County Bar, January 1997. Faculty, ALI-ABA Advanced Course "ADR: How to Use it to Your Advantage", December 1996. Faculty, American Intellectual Property Lawyers' Association, Mediation Training Seminar, October 1994 & November 1996. Faculty, Montgomery County Bar Association Business Mediation CLE Course, October 1996. Presenter on ADR, White and Williams, June 1996. Speaker, "ADR in Managed Care", American Society of Law, Medicine & Ethics, June 1996. Panel Member, "ADR: The Nuts and Bolts of Effective Client Representation and Mediation, Philadelphia Bar Continuing Legal Education, April 1996 and December 1995. Presenter on ADR, Morgan, Lewis & Bockius, April 1996 and October 1995. Guest Lecturer on Alternative Dispute Resolution, Cornell Law School, 1996 & 1998. Lecturer on Alternative Dispute Resolution, Univ. of Pennsylvania Law School, 1992-1999. Interview on ADR in PaLAW: The State of the Profession 1995, Special Supplement to The Legal Intelligencer/Pennsylvania Law Weekly, December 1995. Lecture, "Fundamentals of Negotiation", Temple University Law School, November 1995. Speaker, "How to Represent Your Client in Mediation", Dauphin County Bar, November 1995. Panelist, "Alternate and Expedited Dispute Resolution for the Lawyer's Toolbox", Pennsylvania Bar Association Centennial Meeting, October 1995. Lecture on "Mediation Advocacy", Chemical Manufacturers Association Tort Litigation Group, October 1995. Presenter on ADR, Dilworth, Paxson, Kalish & Kauffman, September 1995. Speaker, "Alternative Dispute Resolution in Healthcare", National Health Lawyers Association Annual Meeting, June 1994 & 1995. Guest Lecturer on Alternative Dispute Resolution, Rutgers Law School, 1994-1996. Speaker, "Ethics of Dispute Resolution", Berks County Bar Association, January 1994. Speaker on ADR, Cornell Alumni Association, October 1994. Seminar Participant on ADR, Philadelphia Bar Association 36th Annual Conference & Exposition, December 1994. Presenter, "Mediation: The Keystone of ADR", Pennsylvania Bar Institute Continuing Legal Education, June 1994. Presenter, "The Use and Misuse of Alternative Dispute Resolution", Seminar for Claims Personnel (sponsored by Bennet, Bricklin and Saltzburg), May 1994. Presenter, "Mediation from the Mediator's Point of View", Lorman Education Services Alternative Dispute Resolution Seminar, July 1993. Faculty, "Advanced Commercial Mediation Training", American Arbitration Association Dispute Resolution Day, October 1993. Speaker, "The Emerging Case for Alternative Dispute Resolution", Rotary Club, April 1993. Lecturer, Commercial Property Claims Underwriters Association, November 1992.

Miscellaneous:

Chair Regional Board Anti-Defamation League Philadelphia Region, 2015-2017 Adjunct Professor of ADR, Cornell Law School, 1999-2014 Lower Merion Township (Montgomery County, Pennsylvania) Historical Commission, 2001-2014 Columnist, "On Professional Practice", ABA-ADR Dispute Resolution Magazine 2016-present
-------------------------------------------------------
LISTING OF REPRESENTATIVE CASES MEDIATED AND ARBITRATED IN THE FOLLOWING AREAS:

CONTRACT ET ALIA (PAGE 1); ENVIRONMENTAL (PAGE 2); CONSTRUCTION (PAGE 3); EMPLOYMENT (PAGE 4); TORT, PERSONAL INJURY/PRODUCTS LIABILITY (PAGE 6); MALPRACTICE (PAGE 7); INSURANCE COVERAGE AND BAD FAITH ISSUES (PAGE 8); FRANCHISE & AUTOMOTIVE MANUFACTURER/DEALER DISPUTES (PAGE 9); ICANN DISPUTES (PAGE 8) CLASS ACTIONS (PAGE 9); BANKRUPTCY (PAGE 9); UM/UIM & INTERPLEADER (PAGE 9)

CONTRACT/IP/UNFAIR COMPETITION DISPUTES/INTELLECTUAL PROPERTY/EMBEZZLEMENT • interpretation of fine-dining restaurant concession lease with major city, claims for utilities and counterclaims for lost profits; • breach of contract, tortious interference with contract arising out of failure to pay $3.5Million fee upon $60Million purchase of company to serve as platform for new cash management business model, where purchased company introduced by plaintiff to defendant; • dispute over ownership of concept, web graphics and code created by employee of not-for-profit while on leave of absence from employer; • embezzlement by employee of $1.4million from employer through use of bank accounts created by employee using LLC doing business as employer; • dispute regarding unfair trade practices by national franchisees’ association against franchisor; • patent infringement, misappropriation of trade secrets, unfair business practices/unfair competition claim by manufacturers of patented bed purchased by US Department of the Navy; • breach of warranty in sale of 45 tons of feed product for veal calves containing prohibited whey substance, causing severe market price drop in value of veal calves fed with product; o claim for reimbursement for managed behavioral health services to eligible medical assistance recipients enrolled in commercial health plan; o dispute over interpretation of Basket Maximum Loss Provision in Large Risk Alternative Rating and Insurance Program Agreement; o alleged unlawful cancellation of contract requiring uninterrupted commissions from revenue from placement of county prison system telephone system for inmates; o software licensing dispute seeking rescission between IT companies; o rescission of sale of dental practice; o claim of system failure by NASD broker dealer against clearing firm; o breach of distributorship agreement providing for entry of major American brand name product to European Union; o breach of contract claim by client against broker for wrongful disbursement of securities account; o claim for past and future management fees by charter school parent corp. from chartered school; o contract dispute between telemarketer and telecommunications corporation; o post-merger and acquisition dispute over discrepancy in inventory valuation; o non-performance by bank of commitment letter to buy out seven million dollar commercial mortgage due to dispute over tenant terms; o dispute between pharmaceutical firms regarding inclusion of placebo form of product under asset purchase agreement and manufacture and supply agreement; o breach of exclusive global distribution rights to software technology; failure to market technology; and misappropriation of confidential information; o claim for failure of software program in HMO; o withdrawal of senior debt commitment by bank after reliance by newly licensed TV station; o dispute over payout under asset purchase agreement; o allocation of damage award between managed care consultant and health insurer; o contract/fraud claim against art dealer in sale of $550,000 work of art; o fee dispute over independent contractor agreement for management of nursing home facility: o dispute between hospital and doctor over purchase option and appraised value of medical practice; o total disability claim under five policies by urologic surgeon; o dispute involving bank trustee and insurance company over handling of reinsurance trust account; o international dispute regarding patent license assignments and income sharing provisions of a manufacturing and distribution agreement; o dispute over requirements contract for custom-made graphic markings for use on agricultural equipment; o breach of agreement for transfer of technology, manufacturing and distribution of medical device; o failure of software developer to complete and perfect statistically-based sports simulation computer games; o software license agreement, dispute over system implementation/performance; o dispute over alleged infringement of copyright registrations and exclusive trade dress rights in commercial products; o Uniform Commercial Code dispute involving violation of purchase order specifications and breach of express and implied warranties; o breach of warranty in sale of professional practice by disabled doctor due to failure to disclose involuntary institutionalization for substance abuse; o partnership break-up involving division and distribution of real estate assets, rental income and future profits; and o partnership dissolution involving music education in public school. ENVIRONMENTAL • Class action seeking $30 Million in damages for contamination of water table, damages for health-monitoring, diminution in property values, providing clean water source and loss of well water use/annoyance • Allocation between Responsible Parties of $2 million dollar US EPA claim for SuperFund clean-up; o interpretation of self-exoneration clause in contract for abatement of asbestos containing materials in renovated urban apartment building; o assessment against Deferral Notes issued in Stock Purchase Agreement due to burden of hazardous waste [methylene chloride, hexavalent chromium, arsenic] clean-up; o underground spill of petroleum contaminating soil and groundwater under 20 acre shopping center, requiring remediation and impacting real estate value; o purchase and attempted residential development of 69 acres subject to Federal Wetlands Act; o contamination of water table due to run off from interstate highway construction project; o devaluation of 60 acres of developable land upon discovery of disposed battery casings; and o remediation of soil contamination after failure to detect contamination in removal and closure of underground diesel fuel storage tanks CONSTRUCTION • coating claim, roof water- retention claim, and shoring claim in connection with addition to embassy; • damage claim for failure of exterior insulation and finish system on residential high rise; o acceleration damages claim by general contractor against precast concrete subcontractor for failure to keep contract schedule; o multi-contractor dispute arising from construction of Liberty Place, a major Philadelphia business and retail center; o condominium association suit against declarant developer of historic building to condominiums $5 million of construction defects; o dispute between subcontractors in construction of Marriott Hotel; o mold contamination in dormitories, failure to maintain and inspect central HVAC; o building structure collapse, failure of spandrel beam weighted with precast concrete flooring; o upheaval of shopping center due to use of slag as backfill; o foundation settlement on Department of General Services project for State Agency, excavation and backfill issues; o dispute between owner of $40 million home and New York, London and Paris interior design firm; o property damage to mid-town NYC high-rise commercial structure due to blasting; o a high stakes, in terms of financial exposure and working relationships, pre-litigation dispute between a private school, its contractors, designers and insurance carriers due to collapse of outdoor ice hockey arena; o home owner association action against architect, developer and general contractor for cracking of walls and ceiling due to erosion and subsidence of soils in condominium project; o dispute between City, general contractor and subcontractors over reconstruction of historically registered 19th century urban water works; o design failure of HVAC in 5000 square foot, $4million Jersey Shore home; o improper curb cut and site design dispute involving owner, architect, environmental design company and general contractor; o gas line explosion demolishing historic church and adjacent structures; o suit by school involving structural engineer, architect, soils engineer and soils mover based on improper backfill resulting in deflection of retaining wall; o failure of ninth level of multi-story parking garage attached to hospital, leading to dispute between owner, general contractor and concrete subcontractor; and o dispute involving $300,000 state Department of Environmental Regulation fine for failure to obtain stream relocation permit and siting of berm without obtaining code-mandated variance. o dispute between subcontractor and general contractor over approval for use of sub-base material and bituminous concrete after subsidence of parking lot. EMPLOYMENT AND LABOR • whistle blower claim by nurse in mental health facility, terminated by her employer for accessing patient records; • ERISA §510 claim by executive of Fortune 100 company for Executive Severance Plan benefits; • failure to pay overtime in violation of FLSA; • fact-finding in school district sexual harassment claim; • Title VII racial harassment, discrimination and retaliation claim against regional railroad employer; • Enforcement of non-compete against account executive in biotechnology and pharmaceutical executive search firm; • termination of Physician-In-Charge of hospital medical practice; • bank president’s claim for unvested stock options after separation from employment; • negotiation of removal of tenured full professor from academic department at college; • whistle blower complaint by IT Senior Network Engineer, alleging he was severed from employment for reporting black mold, averred by University that severance was for insubordination; • retaliatory firing for serving as a witness in complaint filed under Sarbanes-Oxley; • ADEA claim by former head of security of a Fortune 500 company; • age discrimination and retaliatory firing charge by Ph.D. in University’s Department of Social Services; • claim by tenured faculty member under the Americans With Disabilities Act for failure to accommodate Multiple Sclerosis; o denial of tenure to university hospital physician in Dept. of Psychiatry; o gender discrimination in university business school; o de-listing of disciplined physician from Preferred Provider Organization roster; o sexual harassment, constructive discharge and battery claims by assembly line specialty worker; o sexual harassment claim by employee in national food franchise; o gender and religious discrimination, interference with contractual relationship claims surrounding termination of tenured chairman of department nuclear medicine; o ADA claim to EEOC by union member major newspaper mail-room employee for failure to accommodate diabetes; o ADA claim by IT director for failure of hospital to accommodate IBS syndrome; o hostile environment claim by two female employees of regional utility company; o age discrimination claim by 61 year old parts manager terminated from auto dealership; o age discrimination claim by manager fired for favoritism shown to female employee; o sexual harassment claim by Human Resources Director against president and major shareholder of family owned business; o claim for $500,000 severance benefits by executive terminated after executive entered plea agreement with U.S. Attorney; o age discrimination claim by 55 year old skilled long-term employee for negative review; o denial of benefits to manager under ERISA governed change in control plan after merger; o long term manager’s claim for continuing employment in Fortune 1000 company after downsizing; o wrongful termination claim by department manager employed under written contract; o sexual harassment by chain restaurant manager; o sexual harassment and retaliation claim by hotel chain employee; o claim for reinstatement and back pay by banquet manager fired for rumored drug use; o reverse race discrimination and scape-goating charge by machine operator; o sex, disability and age discrimination claim by psychiatrist against medical university; o discrimination claim by female partner terminated from law firm; o sex and race discrimination charge by executive against national bank; o ADA claim against United States Air Force by civilian employee; o disputed obligation(s) of terminated manufacturer’s representative; o ADA claim by blind employee of against not-for-profit corporation; o age discrimination claim by terminated department head of publishing house; o quid pro quo sexual harassment and hostile environment claim against obstetrician/gynecologist clinic director; o wrongful discharge of executive in employment-at-will state violating implied terms of employment contract; o age discrimination claim by female newscaster against news network; o sexual harassment claim by college intern; and o on referral from USDC, Eastern District Pennsylvania, sexual harassment and retaliatory termination claim by female assembler. TORT, PRODUCTS LIABILITY, WRONGFUL DEATH AND PERSONAL INJURY • public figure libel case [losing side of breach of contract action libeled attorney who represented winner]; o alleged liability of brokerage firms due to inappropriate investments, in one case, of the $500,000 savings of a retired couple, and, in another case, a $2.5 million divorce settlement; o President and Chairman of Board suit against corporation for defamation and malicious prosecution; o Cessna Silver Eagle plane crash death of father and son due to defective gearshaft part; o death of father and son, wife/mother surviving as amputee, in action against construction company, trucking company and Department of Transportation; o electrocution of child at private resort and conference facility; o death of retarded 21-year old woman in custody of residential care facility; o death of driver in sudden acceleration of vehicle due to failure of manufacturer to install shift interlock device; o electrocution of electrician in flash fire ignited by air conditioning compressor; o wrongful death action alleging theories of product liability against manufacturer, and negligence against inspection agent in burn death of plant worker in explosion of pressure vessel; o death of young mother and four year old daughter, husband/father surviving, due to carbon monoxide poisoning from furnace; o death and survival actions arising from malfunction of crawl space heater resulting in destruction of house and fatal burns to father/husband; o death of plumber overcome by toxic fumes from sulfuric acid; o death of invalid due to burns and smoke inhalation in course of robbery and arson committed by attending health care professional from licensed agency; o death of adolescent male in swimming hole drowning on private property; o death of adolescent female in boating accident at private club premises; o death of industrial worker in explosion of sterilization enclave; o death of restaurant chef in motor vehicle accident, involving suit against state transportation agency in process of re-paving state highway; o drowning of deaf, blind and profoundly retarded young woman by not-for-profit custodial institution; o §1983 civil rights action against police department for out-of-policy high speed chase resulting in deaths of occupants of chased car; o sexual abuse of 11-year old altar boy by Catholic parish priest; o sexual solicitation and rape of 11 year old girl by school swim coach; o sexual abuse of freshman plebe in military school by upper classmen; o sexual abuse of freshman by private high school basketball coach; o American in Tunisia who became a C4 incomplete quadriplegic in touring accident; o lawn mower back-over of three year old child requiring total amputation of left foot and medial partial amputation of right; o civil rights section 1983 action by paraplegic and permanently psychologically disoriented young woman passenger in car involved in high speed chase by municipal police department; o college student rendered quadriplegic diving into swimming pool at private graduation party at motel; o high school student paralyzed in performing improper racing dive into shallow end of pool at school district swim meet; o ninety convention guests made ill at hotel by bacterially contaminated drinking water; o multiple plaintiffs sued dairy egg producers and restaurant for salmonella poisoning; o severe crush injury and partial amputation of distal phalanx [thumb] left hand; o Legionnaires Disease outbreak from improper cleaning/maintenance of hospital cooling towers; o industrial site accident in application of a geosynthetic membrane alternative daily cover at solid waste landfill; o permanent facial scarring of child due to melt down of plastic container, alleging product liability and failure to warn; o Sizzler Restaurant personal injury claims by assignment from United States Bankruptcy Court in Sizzler Chapter 11 proceeding; o destruction of warehouse due to spontaneous combustion of improperly cured /packaged red peanut skins; o destruction of residence and personal injury husband/wife from gas explosion due to failure to lock gas line riser; o injury to concert violinist performing at restaurant; and o inoperable disc injury suffered by worker instructed to climb down manhole and ladder detached from wall. MALPRACTICE ISSUES: LEGAL, ACCOUNTING & MEDICAL ACCOUNTING MALPRACTICE o actuarial malpractice in termination of Defined Benefit Employee Pension Plan; o failure of securities broker to disclose risks in highly leveraged Variable Universal Life policy; o valuation under Rev. Rul. 59-60 of intertwined closely held corporations subsequent to leveraged buy-out; o detrimental reliance by lender on financial statement prepared by certified public accounting firm which overvalued assets of borrower; o CPA misinterpretation of application of Subchapter T of the Internal Revenue Code, and attending regulations, resulting in IRS audit of and assessment against agricultural cooperative; o improper formula used to value manufacturer inventory, leading to over¬valu¬ation and reliance by major lender, default of manufacturer on line of credit forcing manufacturer into Chapter 11 reorganization followed by suit by manufacturer against accounting firm; and o CPA failure to detect on-going embezzlement by law firm manager of firm receivables. LEGAL MALPRACTICE o failure of attorney to understand and/or advise client of terms of Joint Tortfeasor Release which reduced $2.5 million verdict to $400,000; o failure of attorney to advise client that General Release barred ERISA claim for long term disability; o failure to discover value of privately owned companies in marital dissolution; o attorney malpractice for failure to register stock offering; o attorney malpractice at criminal trial of client by failure to present expert testimony, resulting in guilty verdict and imprisonment of client; o failure of attorney to perfect registration of trademark of female singing group, resulting in rival group registration of name; and o attorney malpractice founded on irreconcilable conflict of interest. MEDICAL MALPRACTICE • whether therapeutic radiation to treat Hodgkins disease caused cerebellar paraneoplastic degeneration; o craniectomy and removal of brain stem meningioma in 53 year old male corporate executive, subsequent death due to undetected cerebral hemorrhage; o labial burn by early activation of cautery tool in course of hysterectomy, causing continuing pain and loss of consortium; o surgery on child’s left leg with subsequent vascular deterioration requiring above the knee amputation of left leg; o multiple back surgeries resulting in permanent paralysis of patient; o emotional trauma resulting from sexual involvement of psychologist with patient; o failure to detect cervical cancer in PAP smear, subsequent death of thirty-two year old mother; o misreading of PAP smear slides, failure to detect cervical cancer for two years and destruction of slides in violation of federal law; o labial cautery burn during hysterectomy, resulting in loss of consortium; o diagnosis of radiation colitis and subsequent surgeries and colostomy when proper diagnosis contended to be Crohn’s disease treatable by steroids; and o misdiagnosis of vasculitis, failure to do proper diagnostic tests to locate embolizing atrial myoma causing stroke in 30 year old male. INSURANCE COVERAGE DISPUTES AND BAD FAITH ISSUES • declaratory judgment determining event triggering coverage obligations of carrier for additional insured; • allocation of punitive damage settlement award between worker’s comp carrier and medical consulting corporation; • declaratory judgment action determining whether a single deductible covers “interrelated wrongful acts” or whether each act is subject to its own deductible; • urologist’s claim under five disability policies for inability to perform complex surgeries due to medical condition; • reservation of rights/declination of coverage in attorney malpractice action: • false representation of no UIM coverage, 3 ½ year delay, arbitration award on UIM claim of $925,000; • acknowledgment of liability but failure to make any offer of settlement in UM case; • bad faith action against carrier for calculated delay in offering full value of first party claim; and • bad faith offer after resolution of UIM claim. ICANN DISPUTES • Arbitrated domain name disputes. FRANCHISE & MOTOR VEHICLE MFG/DEALER DISPUTES • franchisee suit for failure of franchisor to offer right of first refusal on second franchise and unfair competition; • vehicle manufacturer/dealer dispute before Board of Vehicle Manufacturers alleging fraudulent advertising, sales practices, and accounting violations; • permanent arbitrator of disputes arising under franchisor/franchisee national class action settlement; • triggering of franchisor right of first refusal on offer of sale of shares by sole shareholder; • protest of RV dealer for failure of manufacturer to accept revocation of acceptance of top-of-the-line RVs; • protest of intention to terminate car and truck dealership agreement; • protest of establishment of new motor vehicle dealership; and • protest of buy/sell and relocation of automobile dealership; • protest of siting of new dealer eroding market share of existing dealer. CLASS ACTION • mediator & arbitrator in national class action alleging fraudulent sales practices in the placement of life insurance. BANKRUPTCY • mediator in 11 U.S.C. Section 547 preference avoidance actions. UM/UIM CASES • service as neutral in 3 person arbitration panels hearing uninsured and under-insured motorist claims. INTERPLEADER ACTIONS • Mediator interpleader action, four claimants to death insurance proceeds. COURT APPOINTMENTS • Philadelphia Commerce Court Arbitrator in Construction Case • Discovery Master, Commonwealth v. TAP et alia, AWP suit against major pharma companies doing business in PA • Referee, Reliance Insurance Company Liquidation • Judge Pro Tem, Commerce Court Philadelphia • Special Master, E-Discovery Panel for the US District Court for the Western District of Pennsylvania • Mediator, US Bankruptcy Court for the District of Delaware • Mediator, US Court of Appeals for the Federal Circuit • Arbitrator & Mediator, USDC Eastern District of Pennsylvania

X

Forgot Password?

Join Us

Password Reset
Please enter your e-mail address. You will receive a new password via e-mail.