Litigation and Trial Practice
Our litigation and trial practice group delivers the results our clients need.
When disputes cannot be resolved through negotiation, or if claims are brought in court, our clients rely upon our litigation attorneys to represent them effectively and efficiently. The Firm’s trial attorneys work to attain optimal results for our clients in courts throughout the state and federal court systems, both within and outside of Pennsylvania and New Jersey.
Attorneys at Fitzpatrick Lentz & Bubba handle a full spectrum of litigation matters, from straightforward claims to complex litigation, always bearing in mind the needs of our clients, the objectives to be attained, and the bottom line. Our clients include Fortune 500 companies, regional businesses, local enterprises, national and local banks, as well as entrepreneurs, small business owners and individuals. All of them rely upon us to advise them, advocate for them and to successfully represent their interests.
We are well aware that litigation is often stressful and presents inherent risks. We help our clients to assess the risks, manage them and achieve optimal results. Clients trust our attorneys’ experience and substantive knowledge and value our working relationships with them. Litigation outcomes can be crucially important. Our trial attorneys and litigation support team members know the importance of each matter and therefore work diligently and aggressively to find solutions our clients need and desire.
Our trial attorneys have experience in a variety of areas, including contract disputes, non-competition agreements, employment law, partnership disputes, construction claims, intellectual property and trade secrets, business disputes and collection matters. We also represent clients in premise liability, property damage and personal injury defense, and represent media clients in defamation and privacy cases. Our experience also includes a variety of business tort claims, healthcare litigation, fiduciary duty, landlord-tenant claims and shareholder disputes.
While our trial lawyers are ready and willing to take the case to a judge or jury when needed, we are also experienced in arbitration, mediation and other forms of alternative dispute resolution. We are guided by the best interests of our clients, and have the skill, dedication and experience to deliver optimal results both inside and out of the courtroom.
- Alternative Dispute Resolution (ADR)
- Bankruptcy and Creditors Rights
- Civil Trial and Appeals
- Community Association Litigation
- Complex and Commercial Litigation
- Employment Law and Labor Relations
- Healthcare Litigation
- Intellectual Property
- Personal Injury
- Workers Compensation Defense and Counseling
Recent Accomplishments and Results
- Joshua Gildea and Maraleen Shields earned summary judgment in favor of a client in a dispute arising from sale of a business. FLB represented the defendant in opposing claims against him for indemnification and for alleged breach of fiduciary duty.
- Doug Smillie obtained a $1.5M jury verdict in federal court in Philadelphia in a business litigation matter.
- Joe D’Amico obtained a defense verdict in a multi-million dollar contract case against PPL Electric in Northampton County, PA.
- The Firm earned summary judgment in favor of a national insurance intermediary in a state court suit in New Jersey.
- The federal court granted summary judgment in favor of the Firm’s client, a prominent university, in a case claiming discrimination under the Americans with Disabilities Act (ADA).
- A local car dealer was exonerated by the federal district court on claims of discrimination under ADA and Age Discrimination in Employment Act (ADEA) by a former employee.
- Doug Smillie successfully argued for the release of coroner’s records before the PA Supreme Court.
- The Firm defended two physicians under the provisions of the Health Care Quality Improvement Act for their participation in a peer review proceeding. The trial court agreed they were entitled to immunity and the decision was affirmed by the PA Superior Court on appeal.
- After presentation of the plaintiff’s case before the jury in a lender liability case, the trial judge granted our motion for a compulsory non-suit, dismissing all claims against a regional bank.
- Mike Nesfeder successfully challenged a confessed judgment of over $360,000 against our client, allowing the claim to be resolved for a fraction of that amount.
- Doug Smillie and Barbie Zicherman settled a commercial case in the federal court in New Jersey, resulting in a $750,000 recovery for our client.
- The Bankruptcy Court granted summary judgment in favor of two physicians represented by Doug Smillie and Josh Gildea where the trustee sued for alleged fraudulent transfers.
- Three separate juries in three different cases found in favor of a supermarket chain represented by Joe D’Amico where individuals asserted claims for personal injury.
- Ed Hoffman obtained an injunction permitting a utility to enter onto property to trim trees for power line maintenance when the land owner refused to permit access, notwithstanding a right of way.
- Mike Nesfeder obtained policy limits of $300,000 from the insured and under insured insurance carriers on behalf of a passenger significantly injured in an automobile accident.