Our attorneys have represented Fortune 500 companies in contractual disputes and have advised, counseled, and offered training to clients on commercial and business-related issues including contractual provisions.
The following selected cases are representative of the variety of matters the firm has handled.
Representative Matters
Billing Disputes
Real Estate & Financial Matters
Aviation
Publications & Published Briefs
Representative Matters
Representation of an International Aviation Company as the Plaintiff in a Multimillion Dollar Breach of Contract Dispute in Federal Court:
The case involved complex legal and factual issues concerning key commercial provisions in the parties’ agreement which called for the opposing party, another aviation company, to convert multiple aircraft per year for our client, for 10 years.
Trial Victory Over Non-Compete Agreement and Fiduciary Duty Claims Published in Pennsylvania Jury Verdict Review & Analysis:
In the matter styled Visiting Nurse Group, Inc. vs. Gaudite, PCCP Docket No. 110601804, The Axelrod Firm successfully represented a former shareholder of a company, in an action brought against him by the company over his alleged breaches of: 1) fiduciary duties owed to the company, and 2) the parties’ non-compete agreement. The case was published in Pennsylvania Jury Verdict Review and Analysis, which covers the largest cases in Pennsylvania.
Represented a Lender in a Dispute Published in Law360:
This was in the matter styled EagleBank v. BR Professional Sports Group, Inc., EDPa Civil Action No. 14-5550. Working alongside an attorney in Maryland, attorneys in The Axelrod Firm successfully represented EagleBank in an Eastern District of Pennsylvania action in which BR Professional Sports Group (BR) sought to keep $1.25 million that EagleBank had loaned to it. A more junior lienholder attempted to intervene in the action to obtain the funds. The more junior lienholder was permitted to intervene but after multiple briefs, we successfully obtained a Court Order entering summary judgment in favor of EagleBank on all of BR’s claims. BR appealed, and we were able to convince the United States Court of Appeals for the Third Circuit to affirm the District Court’s ruling. Thirty days after that ruling became a final judgment, BR returned to EagleBank the full $1.25 million BR had been holding, completing our victory for our client.
Represented a Major Health Care Company in an Antitrust Dispute Published in Law360:
This was in the matter styled LifeWatch Services, Inc. v. Blue Cross and Blue Shield Association, EDPa Civil Action No. 12-5146. Partnering with one of the largest law firms in the world, attorneys in The Axelrod Firm successfully represented a major health insurer as local counsel in a multimillion dollar antitrust action in the United States District Court for the Eastern District of Pennsylvania brought by the manufacturer of a heart monitoring device. After hotly contested briefing, the trial court’s Order granting our client’s Motion to Dismiss the plaintiff’s Third Amended Complaint was affirmed by the United States Court of Appeals for the Third Circuit.
Represented a Large Health Care Provider in an Antitrust Dispute Published in Law360:
This was in the matter styled Universal Health Services Inc., Derivative Litigation, EDPa Civil Action No. 17-2187. The United States District Court for the Eastern District of Pennsylvania appointed The Axelrod Firm liaison counsel, to work with court-appointed lead counsel in four multimillion-dollar derivative actions. In these consolidated cases, our client, a shareholder of the nominal defendant major health care company, claimed that the company engaged in a scheme to over-admit patients and keep them admitted to over-bill Medicare and Medicaid for unwarranted “services.” The matter resulted in an amicable resolution in which major positive changes were made to the health care company.
Defended the Property Seller-Developers in a Construction Action:
The buyer claimed the defendant seller-developers, who he had hired to perform major renovations on the property, performed the work negligently and defrauded him in the sale. In the Philadelphia Court of Common Pleas Commerce Court litigation, the plaintiff-buyer produced a punch book of more than 500 pages of photographs that he testified supported his claims. The matter went to trial and after a jury was selected, we submitted a Motion in Limine that was granted, and the plaintiff’s damages’ expert was stricken. Immediately thereafter, the plaintiff voluntarily discontinued the action and never filed suit against the defendant-sellers again.
Successfully Defended an Attorney in a Breach of Contract Action.
The matter went to trial before an arbitration panel in federal court, which awarded a complete defense verdict.
Successfully Represented Parties in a Breach of Contract Action.
The matter went to a non-jury trial in the Court of Common Pleas of Philadelphia, which found in favor of our clients.
Successfully Advised and Counseled a Corporation Through a Crisis Involving One of its Administrators.
The matter involved an administrator who ultimately pled guilty to embezzling monies from the corporation and starting a fire to cover up the evidence of her embezzlement. From the time the administrator was charged with the embezzlement to the time she pled guilty to it, The Axelrod Firm attorneys drafted press releases for the company: (1) discussing our client’s cooperation with the authorities; and (2) calling out the behavior with which the administrator was charged, as unacceptable. Our approach of being transparent and holding the administrator accountable, paid off. The community’s support and level of engagement with the corporation rose rather than fell.
Prepared Appellate Briefs Filed in Pennsylvania State and Federal Courts.
These briefs included the appeal brief in a Commercial Litigation dispute between information technology companies in which over $700 million was at stake.
Billing Disputes
Our attorneys have particular familiarity with billing disputes, both law firm billing disputes and related claims for malpractice and ethical violations, and billing disputes involving brokers and other advisors, including financial advisors.
The following selected cases are representative of the variety of matters the Firm has handled.
Representative Matters
Party Representation in Law Firm Billing Disputes and Related Claims for Malpractice and Ethical Violations:
Represented plaintiffs and defendants in billing disputes and related malpractice and ethical-related claims between law firms and their former clients and in matters between law firms.
Arbitrator on a Large, Complex Aviation Dispute Between a Charter Airline Company and its Broker over the Broker’s Fees for Bringing Professional Sports Teams and Rock Stars to the Airline as Customers:
This dispute involved numerous multimillion dollar claims and counterclaims that were litigated over the course of a 7-business days-long arbitration. The matter concerned a lengthy commercial contract that called for the broker’s fees to be paid under many different circumstances, each at rates that depended on numerous variables. Each side in the action was represented by a team of lawyers. The matter was highly complex. The panel’s 70-page arbitration award, was not appealed.
John Lowe
INTERNATIONAL ARBITRATOR AND MEDIATOR, LOWE ARBITRATION
“Ms. Axelrod served with me on a large complex commercial dispute with the amount in controversy in the tens of millions. During the two-week hearing she was very attentive, asking insightful questions and raising important points during the panel discussions. Fair and impartial to the core, she gave no indication to the parties of where her thinking lay. And, very importantly, she was instrumental in the preparation and finalization of the 70-page award that addressed all claims and counterclaims.”
Arbitrator on a Large, Complex Fee Dispute Between a Major Law Firm and its Former Client:
In this dispute, a major law firm brought a claim for millions of dollars in legal fees allegedly owed by its former client, a large institution which brought counterclaims for malpractice and raised alleged unethical conduct by the attorneys. The matter involved an underlying, over $100 million construction litigation case in which the lawyers represented the institution. Issues in the case included design defects and the cost of construction delays, battles between experts as to the work the attorneys did and its value, the cost and methods used to host the client’s terabytes of data, how the underlying action was settled and who was responsible for the settlement, and whether the law firm’s attorneys committed malpractice and ethical violations.
Arbitrator on a Large, Complex Fee Dispute Between a Financial Advisory Company and its Former Financial Advisor:
In this dispute, a financial advisory company claimed that one of its former advisors stole his book of business from it in violation of the non-compete agreement he had signed. Issues in the case, laid out by the parties’ dueling experts, included the value of that book of business, and the related issue of the length of time for which the former employer’s losses should be considered to continue, before those losses would become speculative.
Arbitrator in a Fee Dispute Between Former Defendants and Their Former Expert Witness
This arbitration arose out of a prior litigation matter in which the defendants retained an expert witness who in the arbitration, brought a claim against them for his fees for his expert witness services.
Arbitrator in Fee Dispute Between a Lender and a Debtor
This dispute was brought by a financial institution to recover monies loaned to a law firm which had secured litigation financing, settled the underlying litigation, and did not repay the loan.
Real Estate & Financial Matters
Our attorneys have particular familiarity with real estate, title and mortgage issues, construction, and financial matters involving banking banks (in residential mortgage disputes and other loan and escrow issues), financial advisors, and brokers, and we have been appointed to serve as Receivers, winding down partnerships and corporations, and distributing their real property.
The following selected cases are representative of the variety of matters the Firm has handled.
Representative Matters
Served as Arbitrator in a Dispute Between a Financial Advisory Company and One of Its Former Employee-Advisors:
The dispute regarded the former advisor’s alleged theft of his book of business from the company. At issue was dueling expert testimony regarding the value of that book and the related issue of the length of time for which the former employer’s losses should be considered to continue, before those losses become speculative.
Served as the Receiver in the Dissolution of a Partnership that Owned a Multimillion Dollar Condominium Building:
Key issues revolved around how much the various condominiums were worth and how much each of the parties, the majority partners and minority partners of a partnership, were entitled to receive in the partnership’s dissolution. Worked with a certified public accountant (with court approval) to properly and expeditiously wind down the partnership and distribute its assets, including the large property.
Currently Serving as the Receiver over Multiple Corporations, Assisting the Parties in Reaching an Amicable Resolution:
Collectively, the corporations own 17 properties which will be sold via agreement, after court approval, to dissolve the corporate parties.
Represented a Lender in a Dispute Published in Law360:
This was in the matter styled EagleBank v. BR Professional Sports Group, Inc., EDPa Civil Action No. 14-5550. Working alongside an attorney in Maryland, attorneys in The Axelrod Firm successfully represented EagleBank in an Eastern District of Pennsylvania action in which BR Professional Sports Group (BR) sought to keep $1.25 million that EagleBank had loaned to it. A more junior lienholder attempted to intervene in the action to obtain the funds. The more junior lienholder was permitted to intervene but after multiple briefs, we successfully obtained a Court Order entering summary judgment in favor of EagleBank on all of BR’s claims. BR appealed, and we were able to convince the United States Court of Appeals for the Third Circuit to affirm the District Court’s ruling. Thirty days after that ruling became a final judgment, BR returned to EagleBank the full $1.25 million BR had been holding, completing our victory for our client.
Defended the Property Seller-Developers in a Construction Action:
The buyer claimed the defendant seller-developers, who he had hired to perform major renovations on the property, performed the work negligently and defrauded him in the sale. In the Philadelphia Court of Common Pleas Commerce Court litigation, the plaintiff-buyer produced a punch book of more than 500 pages of photographs that he testified supported his claims. The matter went to trial and after a jury was selected, we submitted a Motion in Limine that was granted, and the plaintiff’s damages’ expert was stricken. Immediately thereafter, the plaintiff voluntarily discontinued the action and never filed suit against the defendant-sellers again.
Aviation
The Axelrod Firm’s attorneys have particular experience in aviation matters including in Commercial Disputes, AIR21 actions, and Product Liability actions, particularly for Part 91 and Part 135 flights.
Representative Matters
Arbitrator on a Large, Complex Aviation Dispute Between a Charter Airline Company and its Broker over the Broker’s Fees for Bringing Professional Sports Teams and Rock Stars to the Airline as Customers:
This dispute involved numerous multimillion dollar claims and counterclaims that were litigated over the course of a 7-business days-long arbitration. The matter concerned a lengthy commercial contract that called for the broker’s fees to be paid under many different circumstances, each at rates that depended on numerous variables. Each side in the action was represented by a team of lawyers. The matter was highly complex. The panel’s 70-page arbitration award, was not appealed.
John Lowe
INTERNATIONAL ARBITRATOR AND MEDIATOR, LOWE ARBITRATION
“Ms. Axelrod served with me on a large complex commercial dispute with the amount in controversy in the tens of millions. During the two-week hearing she was very attentive, asking insightful questions and raising important points during the panel discussions. Fair and impartial to the core, she gave no indication to the parties of where her thinking lay. And, very importantly, she was instrumental in the preparation and finalization of the 70-page award that addressed all claims and counterclaims.”
Representation of an International Aviation Company as the Plaintiff in a Multimillion Dollar Breach of Contract Dispute in Federal Court:
The case involved complex legal and factual issues concerning key commercial provisions in the parties’ agreement which called for the opposing party, another aviation company, to convert multiple aircraft per year for our client, for 10 years.
Represented Plaintiffs in a Consolidated, Multimillion Dollar Aviation Employment Matter:
The case involved complex legal and factual issues concerning key commercial provisions in the parties’ agreement which called for the opposing party, another aviation company, to convert multiple aircraft per year for our client, for 10 years.
Defended an Aerospace Component Part Manufacturer From Product Defect Claims:
Successfully defended an aerospace component part manufacturer from post-trial claims in the Eastern District of Pennsylvania and on appeal to the Third Circuit, against claims that its seal was defectively designed.
Defended an Airline in an International Litigation Dispute Under the Warsaw Convention:
Successfully defended an airline, writing two briefs in federal court that were published in the Aviation Litigation Reporter, including a brief filed in the Supreme Court of the United States, in an action brought under the Warsaw Convention concerning an international flight.
Publications & Published Briefs
- “Mayday, Mayday! Minimizing air carriers’ exposure by protecting their whistleblowers – lessons gleaned from AIR21,” The American Bar Association, Tort Trial & Insurance Practice Section, Aviation and Space Law (Spring of 2020)
- Brief Of Northwest Airlines, Inc. In Opposition To The Petition For A Writ Of Certiorari, Grimes v. Northwest Airlines, Inc., published, Aviation Litigation Reporter.
- Response Of Defendant Macrotech Fluid Sealing, Inc. To Plaintiffs’ Memorandum In Support Of Motion For New Trial, Stecyk v. Bell Helicopter, published, Aviation Litigation Reporter. This brief concerns litigation brought against an aerospace component part manufacturer by the estates of Marines who perished in the crash of a military helicopter. The estates claimed the component part manufacturer’s seal was defectively designed, and caused crash.