Commercial Litigation

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Our Commercial Litigation Practice Group defends the full spectrum of complex commercial civil disputes. Our lawyers serve as trusted advisors to business enterprises, financial institutions, as well as individuals facing high-stakes litigation in federal and state courts. We combine deep industry knowledge with practical trial experience, positioning clients to navigate claims efficiently while protecting their commercial interests. 

Our team is skilled in defending actions including but not limited to:

  • breach of contract
  • fraud
  • unfair competition
  • breach of fiduciary duty and
  • disputes arising from failed transactions

Drawing on significant experience with emergency relief, our litigators also routinely handle temporary restraining orders and preliminary and permanent injunctions ensuring that clients are protected when timing and strategy are critical.

While we are fully prepared to take matters to verdict, our practice emphasizes dispute resolution strategies that align with our clients’ commercial goals. We have a strong track record of:

  • securing early dismissals
  • negotiating favorable settlements, and
  • leveraging arbitration and mediation to reduce risk and litigation spend

Our lawyers collaborate with clients and in-house counsel to build bespoke litigation plans that prioritize efficiency, predictability, and business continuity.

Beyond courtroom advocacy, we partner with clients to mitigate future litigation risk. We conduct internal investigations, advise on regulatory and compliance exposures, and provide training and counseling designed to minimize potential claims. With a multidisciplinary approach and the resources of over 500 attorneys, our Commercial Litigation Practice Group offers comprehensive, business-focused representation from pre-dispute counseling through appeals.

Rothman_Jay
Jay S. Rothman, Chair

Consumer Fraud: It’s Not a Matter of Intent in Pennsylvania Anymore

Philadelphia - Headquarters
Insurance Services – Coverage & Bad Faith Litigation
Insurance Agents & Brokers Liability
Securities & Investments Professional Liability
Commercial Litigation
Real Estate E&O Liability
On February 17, 2021, a 4-3 majority of the Supreme Court of Pennsylvania handed down Legal Updates for Insurance Services - March 9, 2021, has been prepared for our readers by Marshall Dennehey Wa
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Dismissal of class action against a retailer.

Class Action Litigation
Commercial Litigation

Our retail client faced a class action suit alleging claims it charged Pennsylvania state tax on face masks/coverings during the COVID-19 pandemic (when they were not subject to sales tax). The plaintiff on his own behalf and on behalf of the putative class alleged claims for violations of the Pennsylvania Unfair Trade Practices Consumer Protection Law and the Pennsylvania Fair Credit Extension Uniformity Act, as well as common law claims for unjust enrichment, fraud and misappropriation/conversion.

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Dismissal of claims against day care center.

Social Services & Human Services Liability
Premises & Retail Liability
Commercial Litigation

We obtained dismissal via preliminary objections of all claims asserted against a day care center in a shooting case venued in Philadelphia. The case arose from the shooting death of a student’s father. The shooter had been previously convicted of manslaughter and assault and was an employee of the day care center’s long-time food service vendor. While the decedent was dropping off his youngest child at day care, he got into an argument with the shooter, who was on the premises delivering food.

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Dismissal of consumer fraud class action.

Appellate Advocacy & Post-Trial Practice
Commercial Litigation

Our clients specialize in identifying and reclaiming lost property for consumers who are unaware that such lost property exists. The plaintiff brought claims under the Pennsylvania Unfair Trade Practices Consumer Protection Law (UTPCPL) and for fraudulent inducement, arguing that the business model was deceptive because consumers could recover their own property without paying for the ease and convenience of having the defendant business work on their behalf.

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Directed Verdict Obtained After Close of Plaintiffs’ Case Against Property Management Company

Real Estate E&O Liability
Commercial Litigation

Prevailed at trial in Broward County in defense of a property management company of a tax-credit housing community in Lauderhill. The plaintiff, the corporate owner of the property, brought claims for negligence, breach of contract, breach of fiduciary duty, and statutory breaches in the management and operation of the property. The case was litigated over seven years, and the plaintiff had sought millions of dollars in damages. After a week of the plaintiff’s testimony, and eviscerating cross-examinations, we were successful in obtaining a directed verdict.   

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Finance Company Dismissed from Complex, Multi-Million Dollar Lawsuit

Commercial Litigation

Secured a discontinuance for a multi-national auto financing company in a Chancery Division action in New Jersey arising out of claims by a potential franchisee against a dealership, the vehicle manufacturer, the financing company and a potential third-party buyer. The plaintiff's claims sought over $30 million in damages stemming from alleged violations of the New Jersey Franchise Act, breach of contract claims, tortuous interference allegations and a companion declaratory judgment action.

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