Edward W. Ferruggia

REPRESENTATIVE LEGAL MATTERS

Edward W. Ferruggia's legal experience includes matters involving corporate governance, insurance coverage, personal injury defense, defamation, public contracts and bid disputes, breach of contract, fraud, civil RICO, employment discrimination, contract negotiations, settlement negotiations, criminal and regulatory investigations, arbitration, mediation, and appellate practice.

Representative matters handled by Mr. Ferruggia have included:

General Litigation

• Counsel for a defendant Canadian software development company in an
action in the United States District Court for the District of New Jersey, in
which the plaintiff manufacturing company alleged that a major software
system purchased from the defendant was inoperable and that promised
support services were not provided.

• Counsel for a plaintiff manufacturer in an action in the United States
District Court for the District of New Jersey, alleging civil RICO and other
claims against a packaging supplier and its principals for allegedly bribing
the manufacturer's purchasing agent and inducing the agent to purchase
materials at inflated prices. In a published decision, the District Court
granted the manufacturer's application for a court-appointed-special fiscal
agent to take control of the lead defendant's assets during the pendency of
the litigation.

• Counsel for a defendant regional commercial real estate developer in
actions brought in various Pennsylvania state courts, in the United States
District Court for the Eastern District of Pennsylvania, and before the
American Arbitration Association, by plaintiff subcontractors alleging
defaults under construction contracts. In several of these cases, the
plaintiffs sought to pierce the corporate veils of the development companies
with which they had contracted.

• Counsel for a plaintiff school district in an action brought in the Superior
Court of New Jersey alleging that the defendant judgment debtor had
fraudulently conveyed a commercial property in order to avoid collection
of the school district's judgment.

• Counsel for medical practice group before the New Jersey Superior Court,
Trial Division, in action to reopen judgment obtained by office design company.

• Counsel for a defendant banking institution in an action in the United
States District Court for the District of New Jersey brought by a township
alleging that the banking institution improperly dishonored a letter of credit.

• Counsel for major casinos in defense of numerous personal injury actions
involving various aspects of casino operations.

• Counsel for major convenience store supplier in an action brought in the
United States District Court for the Western District of Kentucky against
designer/ installer of automated inventory and distribution system, asserting
claims including breach of contract, breach of warranty and fraud, and seeking
a temporary restraining order to prevent defendant from suspending maintenance
service for automated system.

• Counsel for business manager in action before the Superior Court of New
Jersey, asserting the termination of manager’s employment was based on age
discrimination in violation of New Jersey and Federal law.

• Counsel for defendants, a hospital, a regional organ transplant program,
hospital administrators, and several doctors, in an action in the Court of
Common Pleas of Chester County, Pennsylvania, and later on appeal before
the Pennsylvania Superior Court. Plaintiffs alleged that the defendants had
improperly harvested a donor's organs for transplant. The Court of Common
Pleas granted judgment in favor of all defendants based on provisions of
Pennsylvania's Anatomical Gift Act. This ruling was affirmed by the
Pennsylvania Superior Court.

• Counsel for homeowners association in negotiation with commercial developer
concerning adjacent commercial development, including negotiation of
sewage easement, zoning issues, land preservation covenants, and aesthetic
safeguards.

• Counsel for regional construction contractor in Pennsylvania and New Jersey
courts, and in negotiation of various claims and contract issues, including
bid disputes and breach of warranty claims.

• Counsel for major delivery company in action before the United States
District Court for the Eastern District of Pennsylvania, in defense of claims
by commercial customer alleging $3 million in damages for alleged loss
of thousands of packages.

• Counsel for major delivery company in action before the Philadelphia
Court of Common Pleas and the Pennsylvania Superior Court, to reopen
a judgment.

• Counsel for business owners in AAA arbitration, before the United States
District Court for the Eastern District of Pennsylvania, and before the
United States Court of Appeals for the Third Judicial Circuit. asserting claim that
agreement to compensate former owner as an independent consultant was
induced by fraud and duress.

• Counsel for appellant Resolution Trust Corporation in appeal before the United States Court
of Appeals for the Third Judicial Circuit.

Corporate Governance

• Counsel for a plaintiff law partner in an action in the Court of Common
Pleas of Philadelphia County, alleging that the plaintiff had been improperly
expelled from her law partnership.

• Counsel for the corporate officers of a reinsurance company in a dispute
with minority shareholders who claimed that the minority shareholders had
been coerced into reducing their stock ownership.

• Counsel for CEO and majority shareholder of computer research company
in dispute with corporate officer involving claims for breach of contract,
breach of corporate fiduciary duties, fraud, conversion, and misappropriation
of corporate business opportunities and trade secrets.

Regulatory/ Investigative

   Counsel for intervening major delivery service company, in hearings
before the United States Postal Rate Commission on the Postal Service's
proposed adjustments to postal rates.

   Counsel for international adoption facilitation agency, in connection with
investigation by the Pennsylvania Bureau of Consumer Affairs.

   Counsel for former manager of major investment fund in administrative court proceedings
before the United States Securities and Exchange Commission.

 

   Counsel for juvenile defendant in New Jersey state court on charges stemming

from public school zero tolerance policies and No Child Left Behind legislation.

 

   Counsel for public school student in school proceeding to determine disciplinary/remedial

action for violation of school policy regarding possession of a weapon.

 

   Counsel for medical student before medical school disciplinary board for alleged violation

of school policy.

 

• Counsel for a plaintiff corporation in a multi-site environmental insurance
coverage action in Illinois state court against dozens of defendant insurers,
and also in defense of the corporation in similar actions brought by insurers
in the state courts of New York and Ohio.

• Counsel for a defendant construction management company in an action
in Texas state court brought by a plaintiff municipality, in which the
municipality alleged that the construction management company should be
held liable for environmental damage and clean-up costs resulting from the
allegedly improper evaluation and disposal of lead contaminated soil during
the construction of a major sports stadium.

• Counsel for a defendant insurance company in an action in the United
States District Court for the Southern District of New York for alleged
breach of a disability insurance policy, brought by its insured, a plastic
surgeon who claimed that he was totally disabled from his surgical practice
by the allegedly accidental amputation of the distal portion of his
non-dominant thumb. Defense of this case involved work with several
forensic scientists, including the nation's leading authority on the medical
practices of surgeons who have suffered the amputation of digits.

• Counsel for defendants/ insureds in SLAP suit in Pennsylvania State
Court, monitoring insurance defense counsel for possible bad faith failure
to settle, and negotiating settlement among insurer, plaintiffs, and select
defendants to insulate defendants from possible higher jury award.

• Counsel for the appellant, a primary insurer, before the United States
Court of Appeals for the Third Circuit, seeking reversal of a District Court
judgment against the primary insurer for alleged bad faith failure to settle a
claim, the invalidation of a two-tiered settlement agreement entered into by
the appellee insured and the appellee excess insurer, and reinstatement of
the primary insurer's bad faith claim against the excess insurer, a claim that
had been dismissed by the District Court.


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© 2007 Edward W. Ferruggia Law Offices, Philadelphia, Pennsylvania (USA). All rights reserved.