PRACTICES
LitigationAppellate Practice
Real Estate
EDUCATION
- University of Notre Dame, J.D.
- Dartmouth College, A.B.
BAR ADMISSIONS
- Supreme Court of the United States
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Third Circuit
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Middle District of Pennsylvania
- New Jersey
- New York
- Pennsylvania
- Ohio
Ernest W. Schoellkopff
Counsel
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Litigation
- Successful defense of trustee capacity and fiduciary claims
- Prosecution of attorney fee claims in False Claims Act litigation
- Litigation of liability claim under factoring agreement and guaranty
- Condominium common element/quiet title litigation
- Defense of will contest against charge of incapacity and undue influence
- Representation of nonprofit housing and placement service in termination of member benefits
- Litigation of condominium repair assessments
- Judgment on fraud claims against condominium developers
- Successful litigation to extend closing for commercial real estate developer following COVID-19-related delays
- Prosecution of investor claims against managing member of health care company
- Probate litigation to obtain monetary bequest against claim of waste by tenant under will
- Litigation of exclusive easement quiet title claims
- Injunctive relief in defense of long-term lease default claims
- Condominium title, property tax and assessment litigation
- Membership dissociation, favorable valuation of shareholder interests and intellectual property recovery for the development and management arm of a multi-state surgery center syndication
- Summary judgment and frivolous claim costs award in defense of misrepresentation claim against commercial real estate vendors
- Fifth Amendment taking, due process and mineral rights valuation claims to restore rights of mining property owners following rezoning; successful appeal to Third Circuit
- Judgment and award of damages on contractee’s default and repudiation in development of satellite radio transmission system
- Representation of worldwide manufacturer in class-action home appliance defective material claims
- Defense and nuisance-value settlement of manufacturing defect claims against industrial fabric and coatings manufacturer in international billboard sign litigation
- Summary judgment and frivolous claim sanctions for independent cargo hauler against authorized carrier and insurer based on Carmack Amendment and anti-subrogation rule
- National trial and appellate brief drafting and legal argument coordination for shipbuilder’s defense of toxic tort claims
- All aspects of eminent domain litigation to condemn over a hundred parcels for New Jersey development authority
- Representation of insurers/developers in regional real estate, contract and premises liability litigation
- Recovery of funds for process heating systems manufacturer following dishonor of international letter of credit by foreign bank
- Defense and dismissal of medical device claims against contact lens manufacturer
- Judgment for paint manufacturer on reactive airways dysfunction claims
- Judgment for producer of food wrapping machinery in repetitive stress injury product liability suit
- Prosecution and substantial settlements in blood product transfusion litigation
Appeals- Appeal of Disability Retirement Claim Denial
- Appeal and dismissal of misappropriation/attorney discipline claim
- Successful appeal and judgment on remand for increased valuation of beverage chain inventory in division and distribution of assets
- Successful appeal and favorable construction of contractual indemnity for structural steel fabricator
- Winning appeal and dismissal of suit against individual guarantor of demand note with automatic acceleration clause
- Reversal on appeal of $15 million and other substantial verdicts in obstetrical and other health care malpractice actions
Insurance Coverage Analysis and Litigation- Evaluation and coverage opinions on COVID-19-related business income insurance claims
- Representation of commercial insurers in professional, media, staffing industry, construction, environmental and other liability coverage disputes
- Coverage analysis for multiple governmental claims against opioid pharmaceutical distributors, nationwide state court and federal multidistrict litigation
- Analysis of former property owner, estate liability, innocent purchaser defense under CERCLA and NJ Spill Act; first- and third-party coverages
- Defense cost allocation models between covered and non-covered claims under directors and officers policy
- Abusive acts coverage opinions; litigation including appeals
- Deductible recovery suit following settlement of World Trade Center toxic tort claims
- Litigation and coverage opinions on scope of insurance policy exclusions for intentional and criminal acts
- Nationwide EIFS claim and insurance analysis for international chemical and materials manufacturer
- Representation and judgment for various insurers in actions among carriers claiming indemnity for toxic tort (asbestos, Legionella), environmental, construction defect and interstate motor carrier claims
- Dismissal of claim against property insurer and judgment on counterclaim for fraud against policyholder in theft claim