Richard A. Ejzak

Director
Bar/Court Admissions
  • Pennsylvania
  • U.S. Court of Appeals for the 3rd, 4th, 6th, 9th, 11th, and Federal Circuits
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
Education
  • J.D., Duke University School of Law, 1989
  • A.B., Princeton University, 1986

Rich has experience in a wide range of commercial litigation matters but focuses his practice on insurance coverage, shareholder disputes and intellectual property. He also is chair of the Firm’s Appellate Practice Group, with experience in numerous state and federal appellate courts. The insurance coverage matters on which he has worked involve representing policyholders on claims under a number of different types of policies, including in particular, commercial general liability and crime policies. The shareholder disputes typically involve issues of corporate governance and allegations of minority oppression. His experience in intellectual property claims relates to claims for mismarking under the Patent Act and trade dress violations under the Lanham Act.

Significant Cases

The Forest Group, Inc. v. Bon Tool Company, 590 F.3d 1295 (Fed. Cir. 2009) – lead counsel in landmark intellectual property case that established new framework for imposing fines for false marking under the Patent Act.

Sunbeam Corp. v. Liberty Mutual Ins. Co., 781 A.2d 1189 (Pa. 2001)principal draftsman in landmark environmental insurance coverage case that resulted in rejection of pro-insurer interpretation of “sudden and accidental” pollution exclusion by Pennsylvania Supreme Court.

Kvaerner U.S., Inc. v. Blaine Construction Corp., Nos. 03-2929, 03-2966 (3rd Cir.) – lead appellate counsel on $30 million insurance claim for construction project which settled on the eve of filing petition for writ of certiorari with the United States Supreme Court.

Munroe, Inc. v. PSF Industries, Inc., No. 528 WAL 2009 (Pennsylvania Supreme Court) – lead appellate counsel in reversing jury verdict on breach of contract case under Uniform Commercial Code.

California Scents v. Pestco, Inc., No. 00-56763 (9th Cir.) – lead appellate counsel on trade dress infringement action.

Co-Author, “Pennsylvania’s New Limit on Asbestos Liability for Successor Corporations,” Environmental Claims Journal, Vol. 14, No. 3, Summer 2002

Co-Author, “Appealable Orders Under the Pennsylvania Rules of Appellate Procedure,” Pennsylvania Bar Institute No. 1994-869

Co-Author, “Admissibility of Novel Scientific Theories to Prove Causation in Toxic Tort Litigation,” Pennsylvania Bar Institute No. 1992-752