Judith Meyer is passionate about mediation. She brings high energy and total commitment to a process that requires quick grasp of the essential business and legal issues of a dispute, as well as quick comprehension of the shifting dynamics between the parties - lawyers and their clients. She parses and reframes complex issues. She moves the parties from positions to interests. She is especially adept in high-emotion cases. She makes a total commitment to the parties, their counsel to be their negotiation guide through from first referral to final resolution. She began her mediation practice in Southern California in the 1980's and brought her skills to Pennsylvania where she has been mediating for 30 years. Judith is a Distinguished Fellow in the International Academy of Mediators and is certified by the International Mediation Institute. She is highly respected by her peers and teaches negotiation and mediation at Cornell Law School.
MEDIATION AND ARBITRATION PANELS
American Arbitration Association, Commercial and Employment Panels, and Workplace Investigation Taskforce
Distinguished Neutral, Commercial, Franchise, Employment Panels and National Panel, CPR International Institute for Conflict Prevention and Resolution; Florence (Italy) International Mediation Center
Mediator and Arbitrator, American Health Lawyers Association
Panelist, National Academy of Distinguished Neutrals; ADROptions
Arbitrator & Mediator, USDC, Eastern District PA
Arbitrator & Mediator, Financial Industry Regulatory Authority [FINRA]
Arbitrator & Mediator, Construction Dispute Resolution Services, LLC
Mediator, US Bankruptcy Court for the District of Delaware
Judge Pro Tem, Commerce Court, Philadelphia Court of Common Pleas
Arbitrator & Mediator, Court of Arbitration for Art [CAfA]
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, Philadelphia Human Relations Commission
Panelist, Mediation and Arbitration Center, Montgomery County, PA
Mediator, Superior Courts of New Jersey; U.S. District Court for the Eastern District of Pennsylvania
Special Discovery Master & Referee, Reliance Insurance Liquidation, Commonwealth Court of PA
Neutral, JAMS [co-founded Philadelphia office of JAMS, 2004-2006]
Mediator, Philadelphia Bar Committee Lawyer Fee Dispute Panel
Mediator & Arbitrator, Class Action Appeals Committee, Prudential Policyholders ADR Remediation Plan
Arbitrator, USA Track and Field Olympic Trials, Doping Grievances Panel, 1998
Mediator, New York Metropolitan Transit Authority, 1992
PROFESSIONAL CERTIFICATIONS, APPOINTMENTS, MEMBERSHIPS & AWARDS
2018-2020 Philadelphia Business Journal Best Women-Owned Businesses
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, Arias-U.S. Reinsurance & Insurance Arbitration Society - a nonprofit corporation dedicated to improving the insurance and reinsurance arbitration process for the international and domestic markets.
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 - 2021; PA SuperLawyer in ADR 2005 - 2021
Member, PA Bar (active), Idaho Bar (active), California Bar (inactive)
COMMUNITY SERVICE
Regional Board, American Jewish Committee, 2020 -
Regional Board Chair, ANTI-DEFAMATION LEAGUE 2015-2017 and Global Advisory Committee 2019-
Commissioner, LOWER MERION TOWNSHIP HUMAN RELATIONS COMMISSION, 2018-
Mediator Pro Bono, ARTS + BUSINESS COUNCIL OF PHILADELPHIA
Mediator Pro Bono, PHILADELPHIA HUMAN RELATIONS COMMISSION
Judge Pro Tem & Settlement Master, Philadelphia Commerce Court, Court of Common Pleas and Commonwealth Court
Board Member, American Jewish Committee, 2020 -
Board Member, Beth David Temple, Gladwyne, PA 2018 -
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 University, Dickinson School of Law (Penn State University), Rutgers Law (Camden)
PUBLICATIONS [partial list] "Mediations That Should Have Been Arbitrations; Arbitrations That Should Have Been Mediations," Alternatives, September 2021; ABA Section of Dispute Resolution Publications Board 2018- ; Columnist, On Professional Practice, ABA ADR Section Dispute Resolution Magazine, 2018; Book Review, “Inside Out: How Conflict Professionals Can Use Self-Reflection to Help Their Clients”, Gary Friedman, Dispute Resolution Magazine, Summer 2015; 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]
Mediator, United States Federal Circuit Court of Appeals
Mediator, Equal Employment Opportunity Commission
Mediator, U.S. District Court for the Eastern District of PA
Mediator, Superior Courts of NJ
Special Master, 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, USA Track and Field Olympic Trials, Doping Grievances Panel, 1998
Mediator, New York Metropolitan Transit Authority
Rates Information
$600 hourly/$5000 per diem
For more than 1 hr travel, travel charge is $150/hr + expenses
representative cases mediated, arbitrated, refereed and in which i served as fact finder:
contract et alia (page 1); PHARMACEUTICAL / environmental (page 3); CONSTRUCTION (page 4); EMPLOYMENT (5); TORT, personal injury/products liability (page 7); malpractice (page 8); insurance coverage and bad faith issues (page 10); franchise & automotive manufacturer/dealer disputes (page 10); FACT-FINDING (PAGE 10); ICANN DISPUTES (PAGE 10) class actions (page 11); bankruptcy (page 11); um/uim & Interpleader / COURT APPOINTMENTS (page 11)
CONTRACT & COMMERCIAL DISPUTES
Minority shareholder oppression dispute – minority shareholder terminated by majority shareholders who allegedly offered minority shareholder a fraction of his shares’ value under threat of termination for cause;
Mediation of alleged unauthorized trade by broker dealer in high-risk margin portfolio, triggered by volatile stock market, resulting in $1million loss;
$3million indemnity claim between insurer and independent broker turning on whether policy language covered destruction of single commercial building or two commercial buildings connected by walkway;
Arbitrated dispute between insurer and corporate insured over coverage, dispute growing from corporate insured’s settlement of litigated proxy battle without notice to insurer;
Suit by co-founder of global construction management firm for wrongful termination and breach of contract by co-founders;
Arbitrated alleged Merchandise Distribution Agreement violations where manufacturer/merchandiser entered into Scan Based Trading arrangements with retail outlets on claimant’s route, failed to provide full amount of product ordered, expanded product ordering deadlines and failed to cover route to allow for vacation time;
Arbitration, law firm suing client for $745,000 unpaid fees;
Arbitration of claim by executive for severance benefits when he resigned his employment due to “change in control” of company;
Car dealer executive, terminated by dealership, sued dealership for defamation when fired from subsequent job;
Senior Vice President of Fortune 1000 company sued for libel, defamation, false light and invasion of privacy related to issuance of press release;
Arbitrated claim of withdrawing partner from major law firm for $1.4million in severance benefits/return of ARs contributed upon joining firm;
Specialty drug pharmacy claim for promised but unpaid rebates from Pharmacy Benefit Manager (“PBM”);
Interpretation of fine-dining restaurant concession lease with major city, claims for utilities and counterclaims for lost profits;
Disputed interpretation of a promise to re-purchase stock grants from a corporate suite executive who alleged constructive discharge of his employment;
Claim for overpayments, discovered during audit, by behavioral health care managed care organization from one of its network providers;
Claim for royalties and accounting under Paid-Up Oil & Gas lease;
Suit for commissions from sale of 150-acre, $10.5 million property with oil and gas rights;
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;
Allocation of profits in highly emotionally charged break-up of $10milliion real estate partnership where partners were life and business partners;
Embezzlement by employee of $1.4million from employer through use of bank accounts created by employee using LLC doing business as employer;
Dispute raising 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;
Claim for reimbursement for managed behavioral health services to eligible medical assistance recipients enrolled in commercial health plan;
Dispute over interpretation of Basket Maximum Loss Provision in Large Risk Alternative Rating and Insurance Program Agreement;
Alleged unlawful cancellation of contract requiring uninterrupted commissions from revenue from placement of county prison system telephone system for inmates;
Software licensing dispute seeking rescission between IT companies;
Rescission of sale of dental practice;
Claim of system failure by NASD broker dealer against clearing firm;
Breach of distributorship agreement providing for entry of major American brand name product to European Union;
Breach of contract claim by client against broker for wrongful disbursement of securities account;
Claim for past and future management fees by charter school parent corp. from chartered school;
Contract dispute between telemarketer and telecommunications corporation;
Post-merger and acquisition dispute over discrepancy in inventory valuation;
Non-performance by bank of commitment letter to buy out seven million dollar commercial mortgage due to dispute over tenant terms;
Dispute between pharmaceutical firms regarding inclusion of placebo form of product under asset purchase agreement and manufacture and supply agreement;
Breach of exclusive global distribution rights to software technology; failure to market technology; and misappropriation of confidential information;
Claim for failure of software program in HMO;
Withdrawal of senior debt commitment by bank after reliance by newly licensed TV station;
Dispute over payout under asset purchase agreement;
Allocation of damage award between managed care consultant and health insurer;
Contract/fraud claim against art dealer in sale of $550,000 work of art;
Fee dispute over independent contractor agreement for management of nursing home facility:
Dispute between hospital and doctor over purchase option and appraised value of medical practice;
Total disability claim under five policies by urologic surgeon;
Dispute involving bank trustee and insurance company over handling of reinsurance trust account;
International dispute regarding patent license assignments and income sharing provisions of a manufacturing and distribution agreement;
Dispute over requirements contract for custom-made graphic markings for use on agricultural equipment;
Breach of agreement for transfer of technology, manufacturing and distribution of medical device;
Failure of software developer to complete and perfect statistically based sports simulation computer games;
Software license agreement, dispute over system implementation/performance;
Dispute over alleged infringement of copyright registrations and exclusive trade dress rights in commercial products;
Uniform Commercial Code dispute involving violation of purchase order specifications and breach of express and implied warranties;
Breach of warranty in sale of professional practice by disabled doctor due to failure to disclose involuntary institutionalization for substance abuse;
Partnership break-up involving division and distribution of real estate assets, rental income and future profits;
Charge against surviving spouse trustee of Family Trust for misappropriation of funds intended for children and stepchildren beneficiaries; and,
Partnership dissolution involving music education in public school.
PHARMACEUTICAL CASES
Specialty drug pharmacies claims for promised but unpaid rebates from Pharmacy Benefit Manager (“PBM”);
Dispute between pharmaceutical firms regarding inclusion of placebo form of product under asset purchase agreement and manufacture and supply agreement;
Claim for payment under contract requiring analysis of Pharmacy Benefit Managers performance in relation to rebates claimed by PBMs from major pharmaceutical manufacturer and PBM rebate management and claims adjudication;
Enforcement of non-compete against account executive in biotechnology and pharmaceutical executive search firm;
Discovery Master, Commonwealth v. TAP et alia, Average Wholesale Pricing multi-district suit against multiple major pharma companies doing business in PA
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;
Interpretation of self-exoneration clause in contract for abatement of asbestos containing materials in renovated urban apartment building;
Assessment against Deferral Notes issued in Stock Purchase Agreement due to burden of hazardous waste [methylene chloride, hexavalent chromium, arsenic] clean-up;
Underground spill of petroleum contaminating soil and groundwater under 20 acre shopping center, requiring remediation and impacting real estate value;
Purchase and attempted residential development of 69 acres subject to Federal
Wetlands Act;
Contamination of water table due to run off from interstate highway construction project;
Devaluation of 60 acres of developable land upon discovery of disposed battery casings; and
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;
Curtain wall failure on major municipal building resulting in subrogation claim for $19million;
Damage claim for failure of exterior insulation and finish system on residential high rise;
Acceleration damages claim by general contractor against precast concrete subcontractor for failure to keep contract schedule;
Multi-contractor dispute arising from construction of Liberty Place, a major Philadelphia business and retail center;
Condominium association suit against declarant developer of historic building to condominiums, alleging $5 million of construction defects;
Dispute between subcontractors in construction of Marriott Hotel;
Mold contamination in dormitories, failure to maintain and inspect central HVAC;
Building structure collapse, failure of spandrel beam weighted with precast concrete flooring;
Upheaval of shopping center due to use of slag as backfill;
Foundation settlement on Department of General Services project for State Agency, excavation and backfill issues;
Dispute between owner of $40 million home and New York, London and Paris interior design firm;
Property damage to mid-town NYC high-rise commercial structure due to blasting;
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;
Homeowner association action against architect, developer and general contractor for cracking of walls and ceiling due to erosion and subsidence of soils in condominium project;
Dispute between City, general contractor and subcontractors over reconstruction of historically registered 19th century urban water works;
Design failure of HVAC in 5000 square foot, $4million Jersey Shore home;
Improper curb cut and site design dispute involving owner, architect, environmental design company and general contractor;
Gas line explosion demolishing historic church and adjacent structures;
Suit by school involving structural engineer, architect, soils engineer and soils mover based on improper backfill resulting in deflection of retaining wall;
Failure of ninth level of multi-story parking garage attached to hospital, leading to dispute between owner, general contractor and concrete subcontractor;
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; and,
Dispute between subcontractor and general contractor over approval for use of sub-base material and bituminous concrete after subsidence of parking lot.
EMPLOYMENT
Independent contractor’s claim under the Wage Payment and Collection Law to status of employee rather than that of independent contractor;
Reverse Title IX claim against university by ethnic male student suspended for sexual assault on white female student, charging failure of due process;
Title IX claim by transgender graduate student for sexual harassment by professor;
Claim for credit for years of service and attendant ERISA benefits upon transfer to new employer;
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;
Fact-finding in and mediation of dysfunctional professional behavioral conflicts between doctors and nurses in community hospital;
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;
Denial of tenure to university hospital physician in Dept. of Psychiatry;
Gender discrimination in university business school;
De-listing of disciplined physician from Preferred Provider Organization roster;
Sexual harassment, constructive discharge and battery claims by assembly line specialty worker;
Sexual harassment claim by employee in national food franchise;
Gender and religious discrimination, interference with contractual relationship claims surrounding termination of tenured chairman of department nuclear medicine;
ADA claim to EEOC by union member major newspaper mail-room employee for failure to accommodate diabetes;
ADA claim by IT director for failure of hospital to accommodate IBS syndrome;
Hostile environment claim by two female employees of regional utility company;
Age discrimination claim by 61-year old parts manager terminated from auto dealership;
Age discrimination claim by manager fired for favoritism shown to female employee;
Sexual harassment claim by Human Resources Director against president and major shareholder of family owned business;
Claim for $500,000 severance benefits by executive terminated after executive entered plea agreement with U.S. Attorney;
Age discrimination claim by 55-year old skilled long-term employee for negative review;
Denial of benefits to manager under ERISA governed change in control plan after merger;
Long-term manager’s claim for continuing employment in Fortune 1000 company after downsizing;
Wrongful termination claim by department manager employed under written contract;
Sexual harassment by chain restaurant manager;
Sexual harassment and retaliation claim by hotel chain employee;
Claim for reinstatement and back pay by banquet manager fired for rumored drug use;
Reverse race discrimination and scapegoating charge by machine operator;
Sex, disability and age discrimination claim by psychiatrist against medical university;
Discrimination claim by female partner terminated from law firm;
Sex and race discrimination charge by executive against national bank;
ADA claim against United States Air Force by civilian employee;
Disputed obligation(s) of terminated manufacturer’s representative;
ADA claim by blind employee of against not-for-profit corporation;
Age discrimination claim by terminated department head of publishing house;
Quid pro quo sexual harassment and hostile environment claim against obstetrician/gynecologist clinic director;
Wrongful discharge of executive in employment-at-will state violating implied terms of employment contract;
Age discrimination claim by female newscaster against news network;
Sexual harassment claim by college intern; and
On referral from USDC, Eastern District Pennsylvania, sexual harassment and retaliatory termination claim by female assembler.
TORT, PRODUCTS LIABILITY, PROPERTY DAMAGE, WRONGFUL DEATH AND PERSONAL INJURY
Public figure libel case [losing side of breach of contract action libeled attorney who represented winner];
AMTRAK claim for costs-of-repair and lost future revenues due to utility pole falling on catenary wire causing power outage for 1.5 hours delaying 19 AMTRAK trains;
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;
Alleged drugging and rape by tenured law school professor of graduating female student;
President and Chairman of Board suit against corporation for defamation and malicious prosecution;
Cessna Silver Eagle plane crash death of father and son due to defective gearshaft part;
Death of father and son, wife/mother surviving as amputee, in action against construction company, trucking company and Department of Transportation;
Electrocution of child at private resort and conference facility;
Death of retarded 21-year old woman in custody of residential care facility;
Death of driver in sudden acceleration of vehicle due to failure of manufacturer to install shift interlock device;
Electrocution of electrician in flash fire ignited by air conditioning compressor;
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;
Death of young mother and four-year old daughter, husband/father surviving, due to carbon monoxide poisoning from furnace;
Death and survival actions arising from malfunction of crawl space heater resulting in destruction of house and fatal burns to father/husband;
Death of plumber overcome by toxic fumes from sulfuric acid;
Death of invalid due to burns and smoke inhalation in course of robbery and arson committed by attending health care professional from licensed agency;
Death of adolescent male in swimming hole drowning on private property;
Death of adolescent female in boating accident at private club premises;
Death of industrial worker in explosion of sterilization enclave;
Death of restaurant chef in motor vehicle accident, involving suit against state transportation agency in process of re-paving state highway;
Drowning of deaf, blind and profoundly retarded young woman in the care of not-for-profit custodial institution;
1983 civil rights action against police department for out-of-policy high speed chase resulting in deaths of occupants of chased car;
Sexual abuse of 11-year old altar boy by Catholic parish priest;
Sexual solicitation and rape of 11 year old girl by school swim coach;
Sexual abuse of freshman plebe in military school by upper classmen;
Sexual abuse of freshman by private high school basketball coach;
American in Tunisia who became a C4 incomplete quadriplegic in touring accident, tour bus colliding with flock of goats;
Lawn mower back-over of three-year old child requiring total amputation of left foot and medial partial amputation of right;
Civil rights 1983 action by paraplegic and permanently psychologically disoriented young woman passenger in car involved in high speed chase by municipal police department;
College student rendered quadriplegic diving into swimming pool at private graduation party at motel;
High school student paralyzed in performing improper racing dive into shallow end of pool at school district swim meet;
Ninety convention guests made ill at hotel by bacterially contaminated drinking water;
Multiple plaintiffs sued dairy egg producers and restaurant for salmonella poisoning;
Severe crush injury and partial amputation of distal phalanx [thumb] left hand;
Legionnaires Disease outbreak from improper cleaning/maintenance of hospital cooling towers;
Industrial site accident in application of a geosynthetic membrane alternative daily cover at solid waste landfill;
Permanent facial scarring of child due to melt down of plastic container, alleging product liability and failure to warn;
Sizzler Restaurant personal injury claims by assignment from United States Bankruptcy Court in Sizzler Chapter 11 proceeding;
Destruction of warehouse due to spontaneous combustion of improperly cured /packaged red peanut skins;
Destruction of residence and personal injury husband/wife from gas explosion due to failure to lock gas line riser;
Injury to concert violinist performing at restaurant; and
Inoperable disc injury suffered by worker instructed to climb down manhole and ladder detached from wall.
MALPRACTICE ISSUES: LEGAL, ACCOUNTING & MEDICAL MALPRACTICE
Actuarial malpractice in termination of Defined Benefit Employee Pension Plan;
Failure of securities broker to disclose risks in highly leveraged Variable Universal Life policy;
Valuation under Rev. Rul. 59-60 of intertwined closely held corporations subsequent to leveraged buy-out;
Detrimental reliance by lender on financial statement prepared by certified public accounting firm which overvalued assets of borrower;
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;
Improper formula used to value manufacturer inventory, leading to overvaluation 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
CPA failure to detect on-going embezzlement by law firm manager of firm receivables.
LEGAL MALPRACTICE
Failure of attorney to understand and/or advise client of terms of Joint Tortfeasor Release which reduced $2.5 million verdict to $400,000;
Failure of attorney to advise client that General Release barred ERISA claim for long term disability;
Failure to discover value of privately-owned companies in marital dissolution;
Attorney malpractice for failure to register stock offering;
Attorney malpractice at criminal trial of client by failure to present expert testimony, resulting in guilty verdict and imprisonment of client;
Failure of attorney to perfect registration of trademark of female singing group, resulting in rival group registration of name; and
Attorney malpractice founded on irreconcilable conflict of interest.
MEDICAL MALPRACTICE
In vitro fertilization malpractice claim arising from birth of twins biologically unrelated to birth mother and father, and subsequent successful custody claim by biological parents;
As referee in Reliance Liquidation, contention that therapeutic radiation to treat Hodgkins disease caused cerebellar paraneoplastic degeneration, triggering malpractice coverage issued to hospital;
Craniectomy and removal of brain stem meningioma in 53-year-old male corporate executive, subsequent death due to undetected cerebral hemorrhage;
Alleged failure to identify compartment syndrome in right lower extremity, following urethral stricture surgery, causing necrosis of calve muscles and requiring their surgical removal;
Labial burn by early activation of cautery tool in course of hysterectomy, causing continuing pain and loss of consortium;
Surgery on child’s left leg with subsequent vascular deterioration requiring above the knee amputation of left leg;
Multiple back surgeries resulting in permanent paralysis of patient;
Emotional trauma resulting from sexual involvement of psychologist with patient;
Failure to detect cervical cancer in PAP smear, subsequent death of thirty-two year old mother;
Misreading of PAP smear slides, failure to detect cervical cancer for two years and destruction of slides in violation of federal law;
Diagnosis of radiation colitis and subsequent surgeries and colostomy when proper diagnosis contended to be Crohn’s disease treatable by steroids; and
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;
California franchisees suit to rescind franchise agreements under CFIL for misrepresentations in Franchise Disclosure Agreements and Financial Performance Representations;
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.
FACT FINDING & HIGHER EDUCATION ADR
I work as a mediator and as a Fact Finder in public School Districts and higher education institutions.
I have mediated more than a dozen matters involving disputes within universities and colleges. The disputes have ranged from alleged contract breaches, challenges to tenure denials, alleged rape and Title IX disputes, and intra-faculty disputes.
Reverse Title IX action for damages brought by male student expelled from college for lack of due process in expulsion process by college.
Fact-finding in and mediation of dysfunctional professional behavioral conflicts between doctors and nurses in community hospital;
Fact-finding in school district sexual harassment claim;
Fact-finding in and mediation of dysfunctional professional behavioral conflicts between doctors and nurses in community hospital;
Dispute between Dean of School of Education and Director of On-Line Learning over authority of On-Line center to enroll students and advertise course material;
Fact-finding in public school district where female teachers were filing complaints of bullying and intimidation by male faculty;
Fact-finding where complaint of racial discrimination was filed, in which staff of three departments of a community college, housed in the same physical premises. I served as a fact finder, interviewing 21 witnesses and producing a 70-page report of findings and suggestions to HR.
Fact-finding in Big Ten University where tenured faculty member was dating students and intimidating colleagues.
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
Discovery Master, Commonwealth TAP et alia, Average Wholesale Pricing multi-district suit against multiple major pharma companies doing business in PA
Referee, Reliance Insurance Company Liquidation
Judge Pro Tem, Commerce Court Philadelphia & Court of Common Pleas
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
Video Conferencing