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Kevin P. Lucas

Kevin P. Lucas

Of Counsel

Pittsburgh, PA

Kevin P. Lucas has devoted his career to the prosecution and defense of a broad and varied range of complex business claims, from contracts and commercial transactions generally to more specific areas, such as construction litigation, regulatory matters, unfair competition, derivative and class/collective claims, employment practices, corporate governance and products/premises liability.

Kevin is co-chair of the firm's Pittsburgh Litigation group.

He has tried and argued cases for regional, national and foreign clients in state and federal trial and appellate courts, as well as in both domestic and international arbitrations.

Kevin has been elected as a Fellow of the American College of Trial Lawyers and to the Academy of Trial Lawyers of Allegheny County, and he also serves as a mediator/arbitrator, litigation special master and adjunct law professor. He has been named to The Best Lawyers in America® list since 2006 for Bet-The-Company Litigation, Commercial Litigation and Construction Litigation and was named "Lawyer of the Year" in the 2017 edition. He has garnered an AV® Preeminent distinction, the highest available mark for professional excellence from Martindale-Hubbell's® Peer Review Ratings. He is also consistently named to the Pennsylvania Super Lawyers® list in the business litigation category.

Among Kevin’s recent experience in litigation matters, he:

  • Obtained summary judgment in favor of director/shareholder in a direct action (seeking a multi-million dollar damages award) brought by a corporate shareholder alleging breach of fiduciary duties in connection with a down-round equity financing transaction that diluted the plaintiff’s equity. Rock v. Rangos and Meakem, G.D. 08-027634 (C.P. Allegheny), aff’d, 2013 Pa. Super. 13 (January 24, 2013), allocator denied, No. 89 WAL 2013 (Pa., November 13, 2013).
  • Obtained denial after evidentiary hearing of preliminary injunction request and the subsequent entry of summary judgment in favor of minority shareholders in an action brought by a corporation based on its right of first refusal in a shareholder agreement and seeking to block minority shareholders’ $30+ million stock sale to a third party. Teletracking Technologies Inc. v. Gori, G.D. No. 11-06531 (C.P. Allegheny), affirmed, No. 1066 WDA 2011 (Pa. Super. April 10, 2013), allocator denied, No. 320 WAL 2013 (Pa., December 27, 2013).
  • Litigated in two states (Pennsylvania and New York) and prosecuted to favorable settlement client’s multimillion dollar claim for additional compensation in connection with an energy-based venture after obtaining and sustaining on appeal the stay of opponent’s earlier filed lawsuit in its home jurisdiction and defeating opponent’s motions in both jurisdictions to dismiss client’s claim prior to trial. AIG Financial Products Corp. v. Penncara Energy LLC, 83 A.D.3d 495, 922 N.Y.S.2d 288 (2011); Penncara Energy, LLC v. AIG Financial Products Corp., et al., 2008-5624 (C.P. Centre, Pa.).
  • Appealed to the Superior and Supreme Courts of Pennsylvania challenging a trial court’s enjoining, at disgruntled opponent’s request, client’s favorable ongoing commercial arbitration proceeding in a real estate partnership dissolution and valuation dispute, resulting in the reinstatement of the arbitration proceeding for damages hearing and final award. Fastuca v. L.W. Molnar and Associates, 950 A.2d 980 (Pa. Super. 2008); and Fastuca v. L.W. Molnar and Associates, 10 A.3d 1230 (Pa. 2011). After remand and arbitration completion, successfully had judgment entered on the separate liability and damages arbitration awards as a whole and then affirmed on appeal by the Pennsylvania Superior Court at No. 894 WDA 2012 (August 30, 2013).
  • In one of the first Western Pennsylvania non-compete cases concerning the Marcellus shale, defeated preliminary injunction request after evidentiary hearing and defended in federal district court a former employee who established a competitive drilling-related services business against claims for preliminary injunction and substantial money damages. Gray Holdco, Inc. v. Randy Cassady and RWLS, LLC, 2010 WL 235106 (W.D.Pa. 2010). Also prevailed in the Third Circuit Court of Appeals against former employer’s effort to abandon in progress the lawsuit it had commenced in favor of pursuing its claims instead in a more favorable arbitration forum. Gray Holdco, Inc. v. Randy Cassady and RWLS, LLC, 654 F.3d 444 (3d Cir. 2011).