Douglas J. Smillie

Douglas J. Smillie

Chair – Litigation

Commercial Litigation & Trials • Bankruptcy & Creditors’ Rights • Shareholder Disputes and Business Litigation • Employment, Non-Competition and Trade Secrets • First Amendment and Media Law

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Douglas J. Smillie is a shareholder and Chair of the Firm’s Litigation Group. Mr. Smillie’s practice includes commercial litigation and trials, bankruptcy and creditors rights, shareholder disputes and business litigation, non-competition and trade secrets, media law and employment litigation.

Education

 
  • Muhlenberg College, B.A., cum laude, 1978
  • Villanova University School of Law, J.D. 1982
    • Editor, Villanova Law Review, 1980-1982

Bar Admissions

 
  • Pennsylvania
  • New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the District of New Jersey

Professional Organizations

 
  • American Bankruptcy Institute
  • Turnaround Management Association
  • Commercial Law League of America
  • Eastern District of Pennsylvania Bankruptcy Conference
  • Pennsylvania Newspaper Association
  • Philadelphia Bar Association
  • Bar Association of Lehigh County
  • Pennsylvania Bar Association
  • American Bar Association/Litigation Section
  • New Jersey State Bar Association/Bankruptcy Section

Reported Decisions

 
  • Easton Area School District v. Miller, 232 A.3d 716 (Pa. 2020).
  • Solid Waste Services, Inc. v. City of Allentown, 61 Lehigh L.J. 959 (Comm. Pl. Lehigh Co. May 10, 2016), aff’d, 173 A.3d 1267 (Pa. Commwlth. July 20, 2017) (table), appeal den., 2018 WL 500341 (Pa. January 22, 2018)
  • Retina Associates of Greater Philadelphia v. Retinovitreous Associates, Ltd., 176 A.3d 262 (Pa. Super. 2017)
  • Penn Jersey Advance, Inc. v. Grim, 962 A.2d 632 (Pa. 2009)
  • In re Heritage Highgate, Inc., 679 F. 3d 132 (3d Cir. 2012)
  • United States v. Nicolet, Inc., 857 F.2d 679 (3d Cir. 1989)
  • In re New York City Shoes, Inc., 880 F.2d 679 (3d Cir. 1989)
  • Babb v. Centre Community Hospital, 47 A. 3d 1214 (Pa. Super. 2012)
  • The Plaza at 835 West Hamilton Street, LP v. City of Allentown, 58 Lehigh L. J. 383 (Comm. Pl. Lehigh Co., April 12, 2019), aff’d, 239 A.3d 1147 (Table)(Pa. Commwlth., August 25, 2020)
  • Jacoby v. Bethlehem Suburban Motor Sales, 820 F. Supp.2d, 609 (E.D.Pa. 2011)
  • Poskin v. TD Banknorth, N.A., 687 F. Supp. 2d 530 (W.D. Pa. 2009)
  • In re Szymanski, 413 B.R. 232 (Bankr. E.D. Pa. 2009)
  • Bernhard v. Brown & Brown of Lehigh Valley, 720 F., Supp. 2d 694 (E.D.Pa. 2010)
  • Korn v. Kertesz, 2007 WL3283400 (E.D.Pa., Nov 06, 2007)
  • Kiesel v. Lehigh Valley Eye Center, P.C., 2006 WL 1985788 (E.D.Pa., July 12, 2006)
  • Ferraro v. Penn Jersey Advance, Inc.; 54 Northampton County Rep. 262 (2006)
  • Kiesel v. Lehigh Valley Eye Center, P.C., 2006 Pa. Dist. & Cnty. Dec. LEXIS 261 (C.C.P. Lehigh 2006)
  • Snyder v. Exclusive Transp. For Industry, 2005 WL 1175937, 95 Fair Empl. Prac. Cas (BNA) 1648 (E.D.Pa., May 17, 2005)
  • Kirkpatrick v. Easton Publishing Co., 53 Northampton County Rep. 21 (2003)
  • In re Reimiller (Schwab v. Conseco Finance Consumer Discount Co.) 281 B.R. 561 (Bankr. M.D. Pa. 2002)
  • Purcell Tire & Rubber Co. v. Lehigh Coal & Navigation, Inc., 1999 WL1256365 (E.D.Pa. Dec. 19, 1999)
  • Mattioli v. Media News Group, 1999 WL729255 (E.D.Pa. Sept. 8, 1999)
  • Patient Transfer Systems, Inc. v. Patient Handling Solutions, Inc., 1999 WL54568 (E.D.Pa. Jan. 29, 1999); 2000 WL726792 (E.D.Pa., June 6, 2000); 2001 WL 936641 (E.D.PA, Aug. 16, 2100)
  • O’Connell v. County of Northampton, 79 F.Supp.2d 529 (E.D.Pa. 1999)
  • In re Metropolitan Hospital, 119 B.R. 910 (E.D. Pa. 1990)
  • In re GEC Industries, Inc., 107 B.R. 491 (Bankr. D. Del. 1989)
  • Just Born, Inc. v Summit Foods Enterprises, Inc., 2015 WL 996380 (E.D.Pa. March 6, 2015)
  • In re John J. Cassel, M.D., P.C., 2014 WL 7151128 (Bankr, E.D. Pa. January 29, 2014), aff’d, 2014 WL 7-58879 (E.D. Pa. December 15, 2014)

Honors & Affiliations

 
  • Pi Sigma Alpha
  • Who’s Who in American Law
  • Recipient, Rev. Joseph Ullman Award
  • Selected for inclusion in Pennsylvania Super Lawyers, 2004 – 2006, 2008 – Present
  • Named a Select Lawyer in:
    • Bankruptcy & Creditor’s Rights Law, Commercial Litigation, Contracts Law and General Civil Litigation, 2014
    • Bankruptcy & Creditor’s Rights Law, Commercial Litigation and General Civil Litigation, 2015 – 2017
  • Included in Top Attorneys list, Bankruptcy Law, Suburban Life, 2014 – 2017

Community Activity

 
  • Pennsylvania Shakespeare Festival, Member, Board of Directors, 2007-2016
  • Lehigh Valley Zoological Society, Former Vice Chairman, Board of Directors, 2007-2014

Contact Douglas J. Smillie

Call Direct

610-797-9000, ext. 351

Assistant Information

Jewel Dennis
610-797-9000, ext. 377

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Supreme Court Ends Debate Over Bankruptcy Question

Feb 1, 2021

In October of 2019, the Court of Appeals for the Third Circuit issued a decision addressing an often-asked question in bankruptcy: whether it is a violation of the automatic stay to retain a vehicle that was repossessed pre-bankruptcy? The Court of Appeals answered in the negative, as addressed in this article, posted on this site […]

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Court of Appeals Answers FAQ Concerning Auto Repossession and Bankruptcy  

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A familiar circumstance in consumer bankruptcies is that a borrower becomes delinquent on an automobile loan and fails to address the situation – until the automobile is repossessed. The consumer then seeks bankruptcy representation, and then seeks (usually through counsel) the return of the vehicle. Lenders struggle with the facts that the loan is in […]

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Court Holds Non-Collusive Sheriff’s Sale Not a Preferential Transfer

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In an Opinion dated July 19, 2018, the Third Circuit Court of Appeals held that a transfer of property pursuant to a non-collusive sheriff’s sale is not a preferential transfer under Section 547 of the Bankruptcy Code. Under the Bankruptcy Code, certain transfers of property, or of a Debtor’s interest in property, can be avoided […]

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FLB Attorneys Named to 2021 Super Lawyers and Rising Stars Lists

May 26, 2021

Fitzpatrick Lentz & Bubba, P.C. is pleased to announce that six attorneys have been selected for inclusion in the 2021 Pennsylvania Super Lawyers list. In addition, three attorneys were named to the Pennsylvania Super Lawyers – Rising Stars Edition. Historically, less than 5% of the lawyers in the state are selected for the coveted distinction of Pennsylvania Super Lawyers. […]

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Supreme Court Ends Debate Over Bankruptcy Question

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In October of 2019, the Court of Appeals for the Third Circuit issued a decision addressing an often-asked question in bankruptcy: whether it is a violation of the automatic stay to retain a vehicle that was repossessed pre-bankruptcy? The Court of Appeals answered in the negative, as addressed in this article, posted on this site […]

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FLB Secures Another Win for the City of Allentown

Aug 26, 2020

Douglas J. Smillie and Maraleen D. Shields secured another win for the City of Allentown. Nearly three years after an eminent domain action was filed, the Commonwealth Court agreed with the original arguments the duo advanced on behalf of the City and dismissed the appeal by Somera Road – 835 West Hamilton Street, LLC. The Court […]

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In February 2017, an incident involving a student and a teacher occurred on a school bus in the Easton Area School District. Interest in the incident sparked the Express-Times and lehighvalleylive.com to request a copy of a video that captured the incident under Pennsylvania’s Right to Know Law (RTK Law). The school district objected to […]

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Pennsylvania’s Judicial Emergency to Cease as of June 1

May 29, 2020

On May 21, 2020, the Pennsylvania Supreme Court issued an Order declaring that the previously established judicial emergency in Pennsylvania will cease after June 1, 2020. However, the Court also ordered that previously entered judicial orders in the intermediate appellate courts and local courts shall remain in full force and effect until they expire by […]

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