Overview

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.

Representative Experience

  • 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.
  • Following a 9-day Federal bench trial, obtained a complete defense verdict on behalf of a client being accused of failing to close on the sales of two business and properties, and for which over $48 million in damages were sought. Dilworth was asked to replace the client’s then-current counsel only 90 days prior to trial.
  • 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.
  • Co-lead counsel for the City of Philadelphia, Philadelphia District Attorney, and Allegheny County District Attorney in litigation against manufacturers, distributors, and dispensers of opioids alleged to have engaged in the deceptive marketing of opioids and failure to comply with their obligations under the Controlled Substances Acts, with recoveries in excess of $300 million to date. Media Alert: Walgreens Inks $110M Deal To End Philly Opioid Crisis Suit, Philadelphia will receive a $110M settlement from Walgreens in a lawsuit over the opioid crisis
  • 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 RecordPENN LIVE
  • Representation of the City of Philadelphia in litigation commenced against JUUL and Altria seeking injunctive relief and abatement remedies to combat the e-cigarette epidemic among Philadelphia’s youth, with recoveries in excess of $5 million to date. Media Alert: City Files Suit Against JUUL Labs, Inc.
  • Lead counsel for multiple counties, local governments and District Attorneys in litigation against the manufacturers of Aqueous Film Forming Foam containing PFAS chemicals.
  • 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.
  • Representation of multiple district attorneys, counties, local governments, cities, water authorities and non-profit fire stations in litigation against the manufacturers of Aqueous Film-Forming Foam (AFFF) containing PFAS “forever chemicals”.

Published Decisions

  • 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, 2017–2020
  • 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.

Professional Recognition

  • Listed in Lawyers on the Fast Track by The Legal Intelligencer, 2017
  • Listed in Pennsylvania Super Lawyers Rising Stars in the area of Business Litigation, 2010–2020
  • Listed in New Jersey Super Lawyers Rising Stars in the area of Business Litigation, 2014–2015
  • 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.

Further information on methodologies is available via these links.

Representative Experience

  • 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.
  • Following a 9-day Federal bench trial, obtained a complete defense verdict on behalf of a client being accused of failing to close on the sales of two business and properties, and for which over $48 million in damages were sought. Dilworth was asked to replace the client’s then-current counsel only 90 days prior to trial.
  • 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.
  • Co-lead counsel for the City of Philadelphia, Philadelphia District Attorney, and Allegheny County District Attorney in litigation against manufacturers, distributors, and dispensers of opioids alleged to have engaged in the deceptive marketing of opioids and failure to comply with their obligations under the Controlled Substances Acts, with recoveries in excess of $300 million to date. Media Alert: Walgreens Inks $110M Deal To End Philly Opioid Crisis Suit, Philadelphia will receive a $110M settlement from Walgreens in a lawsuit over the opioid crisis
  • 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 RecordPENN LIVE
  • Representation of the City of Philadelphia in litigation commenced against JUUL and Altria seeking injunctive relief and abatement remedies to combat the e-cigarette epidemic among Philadelphia’s youth, with recoveries in excess of $5 million to date. Media Alert: City Files Suit Against JUUL Labs, Inc.
  • Lead counsel for multiple counties, local governments and District Attorneys in litigation against the manufacturers of Aqueous Film Forming Foam containing PFAS chemicals.
  • 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.
  • Representation of multiple district attorneys, counties, local governments, cities, water authorities and non-profit fire stations in litigation against the manufacturers of Aqueous Film-Forming Foam (AFFF) containing PFAS “forever chemicals”.