Commercial Litigation

The commercial litigation lawyers of Marcus & Shapira have a sophisticated and diverse practice. We represent a wide variety of clients that range from small companies and individually owned businesses to Fortune 500 companies.

Marcus & Shapira strives to minimize the cost of litigation for its clients without sacrificing the quality of its representation. In practice, this means that Marcus & Shapira does not send three lawyers to a deposition or hearing where only one is needed. Marcus & Shapira's clients often pay less than they would elsewhere for essential communication among the lawyers working on their matter. Finally, Marcus & Shapira goes to great lengths to avoid needless motions and pointless research to prevent unnecessary costs for our clients.

Our lawyers have been trained to apply appropriate legal pressure from the beginning of the case until its end. They take the initiative to resolve a case quickly when possible, and in the best interests of the client. Our firm's extensive trial experience and demonstrated ability to try cases to a successful verdict are well known.

We are extremely proud of our performance in the successful representation of and loyalty to our clients and remain committed to our standard of excellence.

Areas of Commercial Litigation Diversity

Commercial Contract Actions

Marcus & Shapira has extensive experience in all types of commercial contract litigation, including stock purchase agreements, asset sale agreements, contracts governed by the Uniform Commercial Code, construction contracts, employment contracts, and franchisor-franchisee contracts. We have also successfully handled claims involving tortious interference with contract.

Investor Actions

Marcus & Shapira has considerable experience in bringing and defending against investor derivative and minority shareholder actions.

The firm recently obtained a $59 million civil RICO verdict and judgment following a two-week jury trial in the United States District Court for the Western District of Pennsylvania. The case was brought by limited partners in an MRI business against the partnership's general partners and managers, and included derivative claims for civil RICO violations, fraud and breach of fiduciary duty arising out of unauthorized, multi-million dollar loans taken from the partnership and the general partners' acquisition of partnership units using partnership funds. The verdict and resulting judgment is one of the very few successfully prosecuted civil RICO verdicts in the Western District of Pennsylvania.

Marcus & Shapira has also recently successfully represented minority shareholders in "squeeze out actions". These actions resulted in very favorable recoveries for our clients.

Antitrust Litigation

Marcus & Shapira has represented both plaintiffs and defendants in individual and class action antitrust litigation.

The firm is presently representing a retail grocer who has sued the Eastern Mushroom Marketing Cooperative and its members and former members, which include the largest mushroom growers and distributors in the industry, for setting prices and engaging in other anticompetitive behavior in violation of the antitrust laws. This consolidated action is pending in the United States District Court for the Eastern District of Pennsylvania. The defendants have admitted to setting prices but claimed that they were entitled to immunity under the Capper-Volstead Act, which permits growers to join together in cooperatives and collectively market agricultural products. The Court ruled that the Defendants did not qualify for Capper-Volstead immunity and that they were not immune from price-fixing suits.

The firm is also presently representing a retail grocer in a consolidated action pending in the United States District Court for the Middle District of Pennsylvania alleging coordinated price increases by the three major chocolate candy producers in the United States, Hershey, Mars, and Nestlé. The plaintiffs allege that the Defendants agreed to raise prices at above-market levels in violation of the antitrust laws. The Court denied the Defendants' 12(b)(6) motion to dismiss and the Third Circuit Court of Appeals denied Defendants' petition for permission to appeal.

Marcus & Shapira also defended Ford Motor Company and Visteon Corporation in connection with In re: Flat Glass Antitrust Litigation. Marcus & Shapira also regularly advises clients in a number of different industries on potential antitrust liability.

Insurance Coverage Litigation

Marcus & Shapira has represented insureds and insurers in insurance coverage litigation involving a wide variety of different insurance policies. Marcus & Shapira successfully represented an insured seeking $20 million dollars in coverage under its directors and officers liability policy. Marcus & Shapira also has defended major insurance carriers in insurance coverage suits involving many types of claims—including antitrust, environmental, and ERISA. Marcus & Shapira has sought to obtain coverage for insureds under nearly every type of policy—including D&O, CGL, property, auto, and homeowner's policies.

Securities Fraud Litigation

Marcus & Shapira represented one of the principal defendants against claims totaling over one billion dollars in the Phar-Mor Securities Litigation. In another case, Walker v. Action Industries, Inc., 802 F.2d 703 (4th Cir. 1986), Marcus & Shapira successfully defended the officers and directors of a publicly traded company against Rule 10b-5 allegations.

Marcus & Shapira has regularly represented directors and officers in securities fraud cases, including the Chambers Development Co. Securities Litigation, the Italian Oven Securities Litigation, and Spitzer, et al. v. Abdelhak, et al.

Real Property Litigation

Marcus & Shapira has represented real estate developers and retail tenants in connection with a wide range of multi-million dollar real property disputes. We have also successfully represented both landlords and tenants with regard to a variety of land use and zoning matters. Marcus & Shapira has also represented both landlords and tenants in numerous common area maintenance, restrictive covenant, and lease interpretation disputes.

ERISA Litigation

Marcus & Shapira has broad experience representing both insurers and insureds in ERISA litigation, including disability and health care insurance disputes. Our ERISA team possesses the specialized knowledge required to effectively and efficiently represent clients in this highly complex area of the law. On the defense side, we represent a large, nationwide insurer in long term disability and health care insurance cases. We have successfully litigated ERISA preemption and related issues against HMOs who have been sued in conjunction with medical malpractice claims. On the plaintiff's side, we have also been successful in obtaining health care and disability insurance benefits for insureds that have been wrongfully denied those important benefits. We represent clients throughout all phases of an ERISA dispute, from the administrative claim phase through trial and appeals.

Toxic Tort Litigation

Marcus & Shapira has defended companies in mass toxic tort litigation involving asbestos, formaldehyde, and radon.

Construction Litigation

Marcus & Shapira regularly advises a major Pittsburgh contractor in its negotiation of construction contracts. Marcus & Shapira also represents contractors and owners in construction litigation.

The firm represented the owner of One Mellon Bank Center in connection with multi-million dollar claims for defective construction.

The firm also successfully represented the operator of the Mellon Arena in Pittsburgh against a steel erection company for defective construction. The firm also represents a major hotel developer in construction litigation arising out of hotel construction projects.

As many former steel mill sites are developed for industrial and retail operations, the problem of subterranean expansive steel slag has become a major problem. The firm has developed considerable expertise handling litigation arising from damage caused by expansive steel slag—including not only insurance coverage disputes but also litigation against the responsible parties.

Lender Liability and Bank Fraud Litigation

Marcus & Shapira has represented lenders against lender liability claims, and has been involved in several major cases involving check forgeries, fraudulent endorsements, and other types of bank fraud. Marcus & Shapira has successfully defended a lender liability action for a prominent bank involving multi-million dollar claims.

Covenant Not To Compete and Trade Secrets/Litigation

Marcus & Shapira has represented many companies and employees in litigation involving the enforcement of covenants not to compete. The firm has also litigated disputes over protection of trade names and trade secrets.

Commercial Bankruptcy Litigation

In an area of law which often gives debtors immense power to contest and eliminate claims that would not be challengeable outside of bankruptcy, Marcus & Shapira has successfully defended the claims of manufacturers, officers and directors and commercial lessors and has succeeded in getting these parties fair and equitable treatment in bankruptcy reorganizations and liquidations. Marcus & Shapira has also been successful in getting the bankruptcy estate to reimburse their client's fees incurred in these contests.

Our commercial litigation team is available to discuss your litigation issues. Please feel free to contact us for an evaluation of your case.

Areas of Practice

Significant Opinions

Examples of litigation matters involving the firm's commercial litigation group: