Robert D. Finkel
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Robert D. Finkel

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Pittsburgh, PA
San Diego, CA
 
 
  • Obtained dismissal of a contract/declaratory judgment action based upon jurisdictional arguments by successfully arguing that the form terms and conditions (which included a forum selection clause) were not a part of the contract. Southern Polymer, Inc. v. Master Extrusion, LLC, 2016 WL 1247354 (W.D. Pa. Mar. 30, 2016)
  • Negotiated a favorable settlement on behalf of an insured in a coverage action and the related personal injury action, including successfully arguing that the client was indemnified under a master services agreement and also covered under its contractor’s insurance policy
  • Obtained dismissal of a third-party claim brought by a contractor against an engineering firm asserting improper design of a public sewer project
  • Negotiated a favorable settlement in a construction dispute involving a custom home
  • Negotiated a favorable settlement on behalf of a former employee for amounts due under his employment agreement after successfully striking down the employer’s primary defense on summary judgment. The case then settled after the commencement of a bench trial
  • Defended and negotiated dismissals on behalf of a health care provider in a wrongful death and survival action
  • Obtained summary judgment on behalf of a real estate company in an adversary proceeding in bankruptcy court relating to termination of a lease and repossession of property. In re River Entertainment Co., Ardi Limited Partnership v. The Buncher Company, 2012 WL 1098570 (Bankr. W.D. Pa. 2012)
  • Obtained a multi-million dollar arbitration award in a two week arbitration regarding the sale of an integrated solid waste company based on escrow claims and bonus payments
  • Obtained the dismissal of all claims against an engineering firm in a personal injury action relating to an arc furnace explosion
  • Negotiated a favorable settlement in a construction dispute between a general contractor and a design contractor relating to the construction of military facilities
  • Obtained dismissal on forum non conveniens grounds on behalf of defendant insurers in an insurance coverage action relating to damage to an aircraft as a result of the Dulles Jet Center Hangar collapse. 821,393 LLC v. Liberty Mutual Insurance Co., 100503573, Court of Common Pleas of Philadelphia County, July 20, 2010
  • Obtained a dismissal on jurisdictional grounds of aviation insurers in a wrongful death and survival action arising out of a fatal crash between a helicopter and a private plane near New York. Altman v. Liberty Helicopters. Inc., 2010 WL 147922 (E.D. Pa. 2010)
  • Prosecuted and obtained a favorable settlement of a contract dispute in a proceeding before the American Arbitration Association on behalf of a supplier to a steel company
  • Defended and negotiated dismissals and/or settlements on behalf of aircraft parts manufacturers in wrongful death and survival actions arising out of aviation accidents
  • Defended and negotiated favorable settlements in class action suits alleging violations of the federal Fair and Accurate Credit Transaction Act
  • Defended and negotiated favorable settlements of commercial airlines in personal injury actions
  • Represented aviation insurers in a number of insurance coverage actions
  • Defended and negotiated a favorable settlement in a putative employment class action on behalf of an insurance company
  • Obtained a multi-million dollar award after four weeks of hearings in a complex commercial arbitration on behalf of investors in a company attempting to develop a potential new technology in the energy field
  • Obtained summary judgment in favor of an engineering company in an insurance coverage action. In the summary judgment order, the Court confirmed the insurer’s duty to defend the engineering company in a substantial commercial arbitration. The Court also denied the insurer's cross-motion seeking a declaration that there was neither a duty to defend nor a duty to indemnify. Northfield Insurance Co. v. NKK Steel Engineering, Inc., 2:02-cv-428, (W.D. Pa. March 31, 2003). Subsequently, negotiated a favorable settlement during the pendency of the appeal
  • Obtained the dismissal of a lawsuit filed against the administrator of a pension plan based on failure to exhaust administrative remedies, federal preemption and other grounds
  • Represented general contractors, engineering companies and builders in a number of construction disputes
  • Obtained a dismissal on jurisdictional grounds of a holding company in a dispute over the sale of a business unit. Composite Holdings, L.L.C. v. Westinghouse Electric Corp., 992 F. Supp. 367 (S.D.N.Y. 1998)
  • Obtained a dismissal on jurisdictional grounds of a holding company in a dispute over the sale of a business unit. Composite Holdings, L.L.C. v. Westinghouse Electric Corp., 992 F. Supp. 367 (S.D.N.Y. 1998)
  • Defended and obtained a favorable verdict on behalf of a start-up company and its founders in a six week jury trial regarding alleged misappropriation of trade secrets
  • Obtained a defense verdict in a non-jury trial on behalf of a steel company against claims of employment discrimination