Jerry R. DeSiderato
Partner; Chair, Plaintiffs’ Rights Practice Group
Jerry DeSiderato represents clients in the prosecution and defense of claims in state and federal courts throughout the country. Jerry is the Chair of the Firm’s Plaintiffs’ Rights Practice Group, which focuses on complex, high-profile litigation on behalf of corporate and governmental entities, and individuals, in the prosecution of claims seeking damages and injunctive relief derived from corporate malfeasance. Jerry represents cities and counties in their proprietary capacities, as well as District Attorneys (often in collaboration with Attorneys General) in civil public law enforcement actions. Jerry also routinely litigates cases involving contract disputes, business divorces, shareholder disputes, corporate fraud and other business torts, including deceptive practices under Pennsylvania’s Unfair Trade Practices Consumer Protection Law and New Jersey's Consumer Fraud Act.
Jerry is committed to providing pro bono representation to children who are the victims of abuse and neglect in collaboration with the Support Center for Child Advocates in Philadelphia.
- Following a 5-day jury trial, successfully obtained a directed verdict on behalf of plaintiffs in a case alleging fraud, breach of contract, negligent misrepresentation and violations of the Unfair Trade Practices Consumer Protection Law.
- Served as co-lead class counsel in a consumer class action against the Progressive Insurance entities derived from the unlawful issuance of health-first personal injury protection (PIP) policies to individuals covered by Medicare and Medicaid. The lawsuit resulted in a settlement of roughly $2.5 million, together with injunctive relief requiring changes to the business practices of defendants.
- Counsel for multiple class representatives in consumer antitrust litigation against 1-800 Contacts and other market participants, which litigation resulted in a $40 million class settlement and changes to the business practices of defendants.
- Representation of the City of Philadelphia, Philadelphia District Attorney and Allegheny County District Attorney in litigation against the manufacturers and distributors of opioids.
- Successful representation of the City of Philadelphia in litigation defending the acceptance and use of private, non-partisan grant money awarded by The Center for Tech and Civic Life for the administration of the 2020 Presidential election. This representation culminated in the United States Supreme Court denying plaintiffs’ Petition for Writ of Certiorari, which sought the review of a judgment entered in favor of the City by the Middle District of Pennsylvania and upheld by the Third Circuit. Press: Pennsylvania Record, PENN LIVE
- Representation of the City of Philadelphia in litigation commenced against JUUL seeking injunctive relief and abatement remedies to combat the e-cigarette epidemic among youth in Philadelphia. Media Alert: City Files Suit Against JUUL Labs, Inc.
- Representation of entities and individuals in the prosecution and defense of shareholder oppression claims.
- Representation of secured and unsecured creditors in Chapter 7, Chapter 11 and Chapter 13 bankruptcy proceedings.
- Representation of financial institutions in litigation involving the Uniform Commercial Code, the Electronic Funds Transfer Act, Regulation E and claims based on check fraud, fraudulent endorsements, unauthorized electronic transactions and consumer fraud.
- National litigation counsel for a worldwide provider of transportation and logistics services.
- Lead trial counsel for a Fortune 500 logistics and package delivery company in litigation matters throughout Pennsylvania and New Jersey.
- Lead appellate counsel for Fortune 500 logistics and package delivery company in the successful defense of an appeal filed in the Third Circuit Court of Appeals. The Third Circuit was asked to construe the preemptive scope of the Carmack Amendment to the Interstate Commerce Act and to determine whether the “true conversion” exception to the Carmack Amendment is an exception to the preemptive scope of the Carmack Amendment, or rather an exception to the liability limiting features of the Carmack Amendment. The Third Circuit Court of Appeals issued a precedential decision in favor of our client on an issue of first impression and held that the Carmack Amendment preempts all state law claims and that the true conversion exception is an exception to the liability limiting features of Carmack, and not an exception to its preemptive scope.
- Obtained a seven-figure settlement on behalf of a casino resort in a construction dispute with its general contractor and various subcontractors.
- Representation of a private equity company with respect to allegations of champerty and maintenance derived from a multi-million dollar capital investment in a beverage company seeking to enforce its rights through affirmative litigation.
- Representation of real estate developers and restaurateurs in litigation involving allegations of breach of contract and fraud.
- Representation of automobile dealerships in litigation involving allegations of breach of contract, fraud, and breach of fiduciary duty.
- Representation of a publicly-traded company in litigation commenced by the Environmental Protection Agency.
- Certain Underwriters at Interest at Lloyds of London v. United Parcel Service, Inc., 762 F.3d 332 (3d. Cir. 2014).
Professional & Community Activities
- Corporate Executive Board Member, Philadelphia Museum of Art (2017 - Present)
- Board Member, Safe America Foundation, 2016
- Member, Pennsylvania Bar Association
- Member, Philadelphia Bar Association
Speeches & Presentations
- Co-author, "Third Party Litigation Funding -- Leveling the Playing Field or Buying Trouble?" Pennsylvania Bar Institute, March 2011.
- Selected as a 2017 Lawyers on the Fast Track by The Legal Intelligencer.
- Selected as a Rising Star in the area of business litigation by Pennsylvania Super Lawyers Magazine in 2010, 2011, 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020.
- Selected as a Rising Star in the area of business litigation by New Jersey Super Lawyers Magazine in 2014 and 2015.
- Received the Pennsylvania Bar Association 2019-2020 Special Achievement Award in recognition of his efforts, dedication and leadership in the successful launch of the PBA Medical Marijuana and Hemp Law Committee, which serves as an excellent statewide resource for those whose work is focused on the legal issues of medical marijuana.
- J.D., University of Pittsburgh School of Law, University of Pittsburgh Journal of Technology Law and Policy, Executive Editor, 2005
- B.S., cum laude, Economics, Syracuse University, Maxwell School of Citizenship & Public Affairs, 2002
- New Jersey, 2005
- Pennsylvania, 2005
- United States Supreme Court, 2020
- United States Court of Appeals Third Circuit, 2013
- United States District Court Western District of Pennsylvania, 2005
- United States District Court Eastern District of Pennsylvania, 2007
- United States District Court District of New Jersey, 2007