Litigation

Dilworth’s Litigation Department lawyers are skilled strategic thinkers who provide strong and effective representation to their clients to help them meet their business objectives. We represent clients throughout the United States in federal and state courts, trial and appellate courts, and before numerous administrative and regulatory agencies.

Before entering the courtroom, our 50+ litigation attorneys counsel clients in preventive measures to avoid problems which might give rise to litigation and alternative methods for resolving their disputes, such as negotiation, mediation, or settlement, to avoid the expense of lengthy trials. If the path to litigation is established, our attorneys aggressively engage their seasoned trial skills to best represent their clients’ interests. Our litigators regularly handle complex cases involving:

  • antitrust
  • securities
  • commercial transactions
  • tax controversy
  • intellectual property
  • insurance
  • products liability
  • construction accidents
  • real estate
  • labor and employment issues
  • white-collar criminal defense
  • personal injury
  • sovereign immunity issues

In each representation undertaken by members of the Department, we strive to first understand a client's particular concerns and objectives, believing that such an understanding is essential to representing a client effectively.

Representative Matters

Recent Cases
  • Representation of the former owners of Adelphia Communications, Inc., Rigas family members, in civil and bankruptcy matters since 2002.
  • Representation of Sanjay Kumar, former Chairman and CEO of Computer Associates in connection with the Computer Associates securities litigation.
  • Representation of multiple Commonwealth of Pennsylvania counties to recover 911 fees due from various phone companies who are alleged to have under-billed, under-collected and under-remitted 911 fees to counties throughout Pennsylvania. See, e.g., County of Berks v. Verizon Pennsylvania, Inc., et al. No. 15-15867 (Ct. Common Pleas, Berks County, PA) (Civil Division).
  • Representation of a technology company in multi-patent litigation against major cell phone manufacturers involving network connectivity and Local Area Networks.
  • Representation of various Commonwealth of Pennsylvania agencies and departments in litigation ranging from right-to-know issues (Eiseman v. Department of Public Welfare, 124 A.3d 1214 (Pa. 2015) and 125 A.3d 19 (Pa. 2015)) to services provided by the Commonwealth under the federal Medical Assistance statute, Title XIX of the Social Security Act. (St. John, et al. v. Department of Human Services of the Commonwealth of Pennsylvania, Civil Action No. 14-CV-6712 (E.D. Pa) (voluntary dismissal); Mendez, et al. v. Beverly D. Mackereth, Secretary of the Pennsylvania Department of Human Services, Civil Action No. 14-CV-7199 (E.D. Pa.) (voluntary dismissal); Marston v. Department of Human Services of the Commonwealth of Pennsylvania, Smith v. Department of Human Services of the Commonwealth of Pennsylvania, Civil Action No. 13-CV-5670 (E.D. Pa.) (voluntary dismissal); Leonard v. Department of Public Welfare of the Commonwealth of Pennsylvania, Civil Action No. 11-CV-7418 (E.D. Pa.) (pending).
  • Representation of various Bankruptcy Trustees in litigations to recover monies paid in violation of established fiduciary duties, professional duties and/or provisions of the Bankruptcy Code.
  • Various civil trial victories including a jury verdict award in excess of $2.6 million against New Jersey Department of Transportation in a condemnation suit.
  • Successful representation of a national bank in a family trust matter. Plaintiff alleged damages in excess of $2 billion. Defense verdict was obtained and affirmed on appeal after a 15-day Orphan’s Court bench trial. In re: Estate of Clarence A. Warden, No. 405 of 1958 (Ct. Common Pleas, Delaware County, PA, Orphan’s Court Division).
  • Successful representation of not-for-profit organization in several litigations raising civil rights, defamation, invasion of privacy and/or conspiracy claims. Smith v. Main Line Animal Rescue, Case No. 12-CV-4739 (Ct. Common Pleas, Dauphin County, PA) (dismissal with prejudice granted); Blank v. The Pennsylvania Society for the Prevention of Cruelty to Animals, et al., Civil Action No. 10-CV-3222 (E.D. Pa. and 3d Cir.)(dismissal granted; judgment affirmed by Third Circuit Court of Appeals); Myer v. The Pennsylvania Society for the Prevention of Cruelty to Animals, et al., Case No. 10-04144 (Ct. Common Pleas, Lancaster County, PA) (voluntary dismissal days before trial).
  • Successful dismissal, with prejudice, of claims against a large financial institution in RICO class action initiated in federal court in Indiana relating to the institution’s lending relationships. Crissen v. Gupta, et al., Civil Action No. 12-CV-0355 (S.D. Ind.).
  • Multiple representations as lead counsel for Special Litigation Committees formed within publicly-traded companies to evaluate transactions ranging from $1 billion to $4 billion.
  • Obtained $96 million settlement for Plaintiff in Harmelin v. Man Financial, a hedge-fund fraud case. Civil Action No. 06-CV-1944 (E.D. Pa.).
Notable Decisions
  • Dilworth's environmental litigation lawyers successfully obtained a $23 million settlement for SEPTA on environmental contribution claims arising from the contamination of the Paoli Rail Yard. We proved through a process known as chemical fingerprinting that the vast majority of the environmental contamination of the Paoli Rail Yard occurred prior to 1976, when the Yard was owned by Penn Central Railway Company. After extensive discovery and motion practice, during which SEPTA's legal team obtained summary judgment against American Premier Underwriters Inc., the successor corporation to the bankrupt Penn Central Railway Company, Dilworth's environmental litigation team was able to obtain the multi-million dollar settlement by proving that SEPTA did not cause the majority of the contamination of the Rail Yard which the EPA declared a Superfund Site in 1986.
  • We led a successful appeal before the United States Court of Appeals for the Federal Circuit which addresses the scope of patentability of computer software used to operate a hub-and-spoke mutual fund accounting system. For more information see State Street Bank & Trust Co. v. Signature Financial Group, Inc.
  • Our attorneys successfully represented investors seeking to purchase the San Francisco Giants baseball franchise and to move the team to St. Petersburg, Florida in an antitrust and libel action against Major League Baseball and its member teams. This suit, Piazza, et al. v. Major League Baseball, resulted in the landmark decision that Major League Baseball's historic exemption from federal antitrust laws did not preclude a suit over franchise relocation.
  • Dilworth represented a foreign citizen in the TWA Flight 800 air disaster involving wrongful death and survival claims with complex conflict international law issues.
  • We secured $145 million settlement for Envirotest Partners, in suits against the Commonwealth of Pennsylvania for termination of Envirotest's state contract for centralized auto emissions testing.
  • Over a period of years, Dilworth has represented the Barnes Foundation, which maintains one of the world's premier collections of Impressionist art, in securing modifications in the trust indenture established by Dr. Albert H. Barnes to permit a world tour of the collection and to facilitate the modernization of the Foundation's facility.

For questions or additional information, please contact Thomas Biemer, Chair of the Litigation Department, Gregory Cirillo,Co-Chair of the Litigation Department

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Group Chairs

Thomas S. Biemer
Chair
Direct  (215) 575-7025
Philadelphia, PA
tbiemer@dilworthlaw.com
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Gregory F. Cirillo
Co-Chair
Direct  (215) 575-7122
Philadelphia, PA
gcirillo@dilworthlaw.com
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