Jeffrey J. Ludwikowski Selected Cases

• Allegheny Health, Education and Research Foundation v. United States Dept. of Justice, IRS, (W.D. Pa. Bankr. 2006).  Represented Bankruptcy Trustee in action to collect $10 million tax refund for FICA taxes paid on behalf of medical residents while enrolled in educational program.
• E.P. Bender Coal Co. v. Federal Ins. Co. , (W.D. Pa. 2006).  Represented coal company in action to obtain insurance coverage related to acid mine drainage and environmental clean-up costs.  
• 730 Simms, LLC v. Denver Associates , (D. Colo. 2006).  Represented limited partnership in action by buyer of real estates to enforce provisions of indemnity agreement for asbestos removal from building.
• UMCO v. Pa. Dept of Environmental Protection, (Env. Hearing Board 2005).    Represented Coal Company in action to stay enforcement of order by DEP to cease mining operations as a result of long wall mining impact on surface waters.
• Patel v. First Diamond Development of Pennsylvania, L.L.P., (Common Law arbitration panel, Sept. 2004).  Completed arbitration of dispute by partners seeking removal of managing partner for breach of fiduciary duties and dissolution of Partnership.  Arbitration award in favor of partners.
• Various Plaintiffs v. Special Metals Company, (various throughout United States ).  Managed complex toxic tort actions against Welding Rod manufacturer by individuals asserting exposure to manganese.  Various actions still pending.
• New York Department of Environmental Conservation v.  INCO, Inc., (E.D.N.Y. 2004). Negotiated sharing of liability for clean-up of superfund site on behalf of manufacturing company.
• Urbanic et. al. v. Appalachian Timber Services, Inc., (Braxton County, W. Va.  2004).  Presently representing corporation in class action by citizens allegedly exposed to toxic fumes resulting from corporation’s creosote treating facility.  Settlement approval pending.
• Patel v. Diamond Development Corp., (Maryland State Court/Hagerstown 2003).  Represented Corporation and officers in action by shareholder for injunction and damages related to alleged mismanagement of corporation and devaluation of stock.  Obtained defense verdict after 2 day bench trial.  Affirmed on appeal.
• Dr. Laura Jacobs v. A.L. Investment Co. Ltd., (Common Pleas, Montgomery County, Pa.  2003). Represented defendant in shareholder suit related to representations regarding share value.  Obtained defense verdict after bench trial.
• Acordia of W. Va. , Inc. v. Scharffenberger, (W.D.Pa. Bankr.) Represented Bankruptcy trustee in action to obtain in excess of $800,000 in interpled funds as the result of insurance refunds.  Obtained verdict after bench trial for majority of funds.  Published at 312 B.R. 58 (W.D. Pa. Bankr. 2004).
• Allegheny Health, Education and Research Foundation v. Risk Management Alternatives, Inc., (W.D. Pa. Bankr. 2003). Represented Bankruptcy trustee in action to recover preferential payments to collection agency.  Obtained verdict from court after two day bench trial, which was affirmed on appeal by the District Court.  Published at 292 B.R. 68 (W.D. Pa. Bankr. 2003).
• C.M. Uberman v. Shoney’s Inc., (M.D. Pa. 2002).  Represented corporate tenant in action by landlord for breach of three lease agreements.  Conducted two day Court ordered arbitration and settled matter during mediation for less than one third of claimed amount.
• Marsolino Construction Co. Inc. v. Appalachian Industries, (Common Pleas, Fayette County, Pa.  2001).  Represented subcontractor in action against contractor for unpaid invoices on highway renovation project.  Obtained jury verdict for full amount of unpaid invoices, attorney fees and penalties after 4 day trial.
• Zanett Securities Corp v. Commodore Applied Technologies, Inc., (Delaware State Court, 2000).  Represented Corporation in action by securities financing company related to financing agreement for merger between client and third party.  Obtained defense verdict after one day bench trial.
• Robertson Ceco Corporation v. Liberty Mutual Insurance Co., (Common Pleas Beaver County, Pa. 1999).  Represented Corporation in action against insurer for coverage related to costs of environmental remediation of three sites contaminated with heavy metals.  Settled for $4 million after argument on summary judgment motions.
• Federal Home Loan Bank v. Sheet Metal Workers National Union Pension Fund, (W.D.Pa. 1998).  Represented owner of major downtown commercial building in action by anchor tenant related to lease provisions allowing tenet to approve retail tenants in building.  Obtained favorable verdict after two day bench trial.
• Gladstone v . Golden Triangle Management Co. et. al., (W.D. Pa. 1997).  Represented defendants in civil RICO action brought by former shareholder, related to alleged misrepresentation related to value of stock shares.  Obtained dismissal by summary judgment.
• Shenango, Inc. v. Alexander & Alexander et. al. (Common Pleas Allegheny County, Pa. 1996).  Represented Corporation and shareholders in action against former surety broker and law firm for recovery of lost profits, resulting from undisclosed tailing liabilities, related to sale of shares of company to purchaser.  Obtained favorable verdict on liability from court after 2 week bench trial.
• Sproco Construction v. Ceco Building Systems, (E.D. Pa. 1995).  Represented defendant contractor in action by subcontractor alleging wrongful termination.  Obtained verdict in trial court after 2 day bench trial and prevailed on appeal before Third Circuit. (Conducted oral argument before Circuit Court).
• Hall v. Ford New Holland, (Common Pleas Allegheny County, Pa. 1994).  Represented manufacturer of skid steer loader (front loader) in products liability action by operator for loss of leg.  Plaintiff received jury verdict after one week trial.
• Odyssey Painting v. Continental Casualty Co., (W.D. Pa. 1993). Represented commercial bridge painter in action against general contractor and surety bond for unpaid invoices related to change in specifications during job.  Obtained jury verdict in excess of $900,000 after one week trial.
• Mozingo v. Bucyrus Erie, (U.S. Dist. Court Ohio/Columbus 1992).  Represented manufacturer of crane in jury trial action by operated who lost an eye while operating equipment.  Obtained jury verdict for defendant after 8 day trial.
• Various Plaintiffs v R.J. Reynolds et. al., (Various Courts, 1989-1993).  Represented tobacco manufacturer in various class actions around country for smoking related diseases.
• Various Plaintiffs v. Philadelphia Housing Authority v. Sherwin-Williams et. al. (Common Pleas, Philadelphia County, Pa. 1991).  Represented one of several paint manufacturers in putative class action by parents and guardians of children allegedly suffering lead poisoning from ingestion of lead containing paint.  Defeated class certification.
• Various Plaintiffs v. Sherwin-Williams Company et. al., (Mass. State Court, 1991). Represented one of several paint manufacturers in class action by parents and guardians of children allegedly suffering lead poisoning from ingestion of lead containing paint.    Obtained dismissal of all claims by pretrial motions after extensive discovery.
• Atlas Assurance Company v. USX and Adience Inc., (E.D. Pa. 1991) Represented co-defendant in Declaratory Judgment action by insurer seeking to escape liability for work related death of client’s employee while on site at steel mill.  Obtained by Summary Judgment declaration that insurer was obligated to pay defense and indemnity costs of client in underlying wrongful death action. Available at 1991 U.S. Dist. LEXIS 8539
• Atlantic Steel Corporation v. Mannesmann Demag, (U.S. Dist. Ct. Ga. /Atlanta. 1991).  Represented seller of eccentric bottom tapping electric arc furnace and roller (steel making equipment) in action by buyer for recovery of $20 million for alleged breach of contract.  Obtained Summary Judgment which was upheld on Appeal.
• Fiore v. Oakwood Plaza Shopping Center, Inc., (Common Pleas, Center County, Pa. 1990). Represented seller of real estate in action to confess judgment against buyers for breach of seller financed loan agreement.  Prevailed in trial court, and on appeal to Pennsylvania Superior Court and Pennsylvania Supreme Court (conducted oral argument in both).  Defeated petition for writ of certiorari to United States Supreme Court.
• Golden Sunset v. Hawthorn Savings and Loan, (San Diego, Ca. 1988). Represented lender in jury trial action against borrower on construction loan for breach of loan agreement.  Approximately one week trial in California State Court.
• In re: Comark, (C.D. Cal. Bankr. 1988).  Represented Bankruptcy Trustee of major stockbroker/dealer corporation in various actions against corporate officers and insider investors for recovery of funds obtained through fraud and insider trading.