Dana A. Gittleman

Obtained a defense verdict in a Fourth Amendment civil rights trial in the Eastern District of Pennsylvania.​ The plaintiff alleged that a public agency violated his Fourth Amendment rights by searching and seizing his personal property after his vehicle was impounded. The defense witnesses each testified that the vehicle was never searched by the public agency and that the public agency does not have a policy or custom of searching vehicles once they are impounded, which was an essential element of the plaintiff's constitutional violation claim. After less than 15 minutes of deliberation, the jury unanimously found that the plaintiff failed to demonstrate that the public agency violated his constitutional rights, granting judgment in favor of the public agency defendant. 

Obtained dismissal with prejudice in Federal Court, Middle District of PA, for insurance broker client in a case involving liability / commercial insurance coverage claims related to lost business income as a result of government mandated closures triggered by the COVID-19 pandemic.

Secured voluntary withdrawal with prejudice of all claims against law firm client in action alleging legal malpractice, breaches of fiduciary duties and breach of contract.

Developed factual and legal bases for successful Motion for Summary Judgment for our attorney/law firm client, dismissing a complex legal malpractice action involving claims of professional negligence and fraudulent inducement, arising from an underlying personal injury litigation which concluded with a $700,000 settlement. Following discovery in the professional malpractice action related to coverage and liability issues, the court granted our motion dismissing the complaint in its entirety against the law firm and individual attorney defendants. For further details, click here.

Achieved dismissal of real estate agent in action seeking litigation costs and fees for purported failure to disclose a contractual term encumbering plaintiff’s property.

Secured voluntary withdrawal of civil suit alleging negligence and fraud against insurance broker following filing of Preliminary Objections.

Prevailed on Preliminary Objections on behalf of home inspector client in litigation alleging breach of contract, negligence, and breach of express and implied warranty claims.

Defended insurance agency in Chester County Court of Common Pleas action alleging negligence and breach of contract arising from damage to large landscaping equipment. Following discovery and before trial, settled suit on behalf of client with nominal payment, a fraction of the total exposure and settlement demand.

Extricated school district client from litigation alleging negligence for personal injury incident occurring on school bus with no settlement offered or tendered on behalf of client.

Obtained voluntary dismissal with prejudice of insurance broker client at suit inception. 

Obtained dismissal with prejudice of large automobile manufacturer on Preliminary Objections.  The case involved product liability/product defect claims against our client, which were dismissed on procedural and substantive bases.

Assisted first chair counsel in successful jury trial in Philadelphia County Court of Common Pleas on behalf of large automobile manufacturer/distributor.  

Obtained dismissal of large automobile manufacturer on Motion for Judgment on the Pleadings in breach of warranty claim. 

Obtained defense verdict at arbitration involving claims for breach of contract/indemnification sought for hail/storm related roof damage.