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Mark A. Schiavo

Partner
Primary Office
LibertyView
457 Haddonfield Rd., Suite 700
Cherry Hill, NJ 08002
Direct(856) 675-1959
Fax(856) 663-8855
mschiavo@dilworthlaw.com

Mark is a civil trial attorney who represents businesses in sophisticated commercial litigation matters involving construction issues, breach of contract, the Uniform Commercial Code, creditor’s rights/loan workout, business torts, and insurance coverage disputes. Mark predominantly operates in New Jersey and Pennsylvania state and federal courts but has represented clients throughout the United States and abroad as well. Primarily handling jury and non-jury trials, Mark also has significant arbitration and mediation experience. Mark has a reputation of aggressively representing his clients while maintaining a mind to creative solutions, taking into account each client’s unique situation and litigation objectives.

Mark also serves as an advisor and counselor to his corporate clients, working hand in hand with corporate executives and in house attorneys. As a consultant, Mark advises his clients regarding litigation risk, corporate transactions and contracts, employment issues and policies, and other day to day issues. He regularly represents large and mid-size companies (including banks, insurance companies, nursing homes, commercial real estate brokerage firms, general contractors, subcontractors, etc.), individuals, non-profits, and closely held businesses. Mark has also had the privilege to be a member of Dilworth Paxson's managing body, the Executive Committee, since 2018.

Representative Experience

  • Successfully tried jury trial in the Philadelphia Court of Common Pleas, Commerce Program, on behalf of a Plaintiff General Contractor ("GC") against individual members of a defunct LLC with whom the GC had contracted for the construction of residential homes. Notwithstanding multiple motions seeking dismissal of claims against the LLC members individually relying upon the corporate form, the court ultimately agreed with the GC's position that the individual LLC members could be held personally liable because of their individual participation in the wrongs perpetrated against the GC. The jury returned a verdict in favor of the GC against the defendant LLC members holding them personally liable.
  • Successfully represented a raw materials broker in a AAA arbitration against a customer who refused to pay hundreds of thousands in invoicing as a result of a rapid downward market movement regarding the raw materials that were ordered.  The matter involved significant analysis and briefing of the U.C.C.  The raw materials broker was awarded (and ultimately was paid) all amounts sought at arbitration plus interest.
  • Represented a plaintiff truck driver who sustained life threatening personal injuries received when he was crushed by bundled lumber that fell while being removed from his truck by a forklift at a construction job site. Defendants included the forklift operator, the general contractor, and the construction manager/site owner. Notwithstanding significant comparative negligence issues raised by the defendants, the plaintiff received a confidential seven figure award after a seven day arbitration.
  • Represented the New Jersey Sports and Exposition Authority ("NJSEA") as plaintiff in a multi-million dollar New Jersey state court action concerning the collapse of a unique "supergrid" structure at the Historic Boardwalk Hall, located in Atlantic City, hours before the start of the Stripped and Jagged Justin Timberlake/Christina Aguilera concert. Defendants included the grid manufacturer, concert promoters, the design engineering firm, the touring companies and the management company overseeing the concert. The case also involved spin off insurance coverage actions. All cases settled successfully, resulting in a significant confidential seven figure settlement in favor of NJSEA.
  • Represented Southeastern Pennsylvania Transportation Authority ("SEPTA") and Conrail against American Premier Underwriters regarding the Paoli Railyard Superfund dispute. This litigation resulted in a $38 million settlement on behalf of SEPTA and Conrail.
  • Successfully represented SEPTA in defense of a bid protest brought by way of preliminary injunction in the Philadelphia Court of Common Pleas, Commerce Program, involving a multi-million dollar railway completion project. The case resulted in a denial of claimant's request for injunction after a preliminary hearing.
  • Successfully litigated a breach of lease matter on behalf of a coin operated laundry equipment supplier/servicer which led, at trial, to a full recovery of all liquidated damages claimed.

Professional & Community Activities

  • Articles Editor, Delaware Journal of Corporate Law, 2000 – 2001
  • Law Clerk to the Honorable Robert G. Millenky, J.S.C., Superior Court of New Jersey, Camden County, 2001 – 2002
  • Member, New Jersey Bar Association
  • Member, Camden County Bar Association
  • Member, Burlington County Bar Association
  • Member, Pennsylvania Bar Association 
  • Member, Philadelphia Bar Association
  • Member, Justinian Society of Philadelphia

Speeches & Presentations

  • Panelist, “Privilege, Work Product Or None of the Above?”, Burlington County Bar Association, Commercial Bench and Bar Sub-Committee, May 27, 2015 .

Professional Recognition

  • Selected a winner in the Corporate America M&A Awards for the Best in Construction Litigation - Pennsylvania, 2015.
  • Selected a Rising Star in the area of business litigation by New Jersey Super Lawyers Magazine, 2014, 2015, and 2016.
  • Selected a Best Attorney in Business in the area of construction law by South Jersey Biz, 2014 and 2015.
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Alternate Biographies

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Education

  • J.D., cum laude, Widener University School of Law, 2001
  • B.A., University of Delaware, 1998

Bar Admissions

  • New Jersey
  • Pennsylvania
  • United States District Court New Jersey
  • United States Court of Appeals Third Circuit
  • United States District Court Eastern District of Pennsylvania

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