Wally has been described as a “street fighter” and tireless and aggressive advocate for his clients, especially in “David and Goliath” type matters. Wally’s does not always start disputes for his clients, but he is frequently finishes them. His trial victories and the published opinions involving his client’s matters speak to the effectiveness of his litigation tactics:
VICTORIES & SETTLEMENTS
In re Seizure of $93,010 in United States Currency, United States District Court for the Eastern District of Pennsylvania (2016). Obtained dismissal of federal action seeking to permit the Drug Enforcement Agency from keeping $93,010 seized from his client at Philadelphia International Airport. After he entered his appearance, the government returned all of the money to his client and withdrew the case.
Quad Construction, Inc. v. Cinnaminson Sewerage Authority, et. al., Superior Court of New Jersey (2016). Obtained declaratory and injunctive relief against a sewer authority barring it from awarding a multi-million dollar public contract to the lowest bidder because the low bidder failed to comply with the New Jersey Local Public Contracts Law.
Fair Housing Rights Center v. Post Goldtex, L.P., 829 F.3d 209 (3rd.Cir. 2016). In a precedent setting case, defeated a claim by a faux disabilities rights group that was seeking to force his client to make millions of dollars in renovations to a multi-family apartment building.
Feibush v. Councilman Kenyatta Johnson, United States District Court for the Eastern District of Pennsylvania (2016). In a landmark jury verdict, obtained a judgment against a sitting Philadelphia City Councilmember for violating the First Amendment rights of a real estate developer.
Sovereign Bank, N.A. v. Travelers Surety, United States District Court for the Eastern District of Pennsylvania (2013). Obtained six figure settlement in a payment bond claim brought against the surety of a construction project.
Carpenters Health & Welfare Fund v. Management Resource Systems, et. al., 2015 WL 2395152 (E.D.Pa. 2015). Obtained dismissal of a complaint brought by the Carpenters Union seeking to audit client’s books in order to collect union fringe benefit funds. The Court dismissed the complaint finding that his client never agreed to be bound by the union’s collective bargaining agreement.
McManus v. Orleans RH PA-IL, LP, 2015 WL 1475334 (E.D. Pa. 2015). Defeated national home builder’s attempts to dismiss client’s construction defect claim based on a prior bankruptcy by the developer.
DiPietro, et. al. v. Fuller, et. al. Philadelphia Court of Common Pleas (2014). Defeated request for injunctive relief that would have prevented client, a real estate developer, from constructing a multi-unit town home project.
Lam v. City of Philadelphia, Philadelphia Court of Common Pleas (2014). Obtained a preliminary and permanent injunction against the City of Philadelphia who threatened to close down a client nightclub. The client, who had just signed an agreement with Live Nation, was threatened with the total loss of his business if the injunction action failed.
(Confidential) v. Philadelphia School District, United States District Court for the Eastern District of Pennsylvania (2012). In a case that garnered international attention, obtained settlement for high school student against the School District of Philadelphia after a teacher described the student’s conservative political views to “liking the KKK” and telling the student that the school was a “Democratic school.” The confidential settlement amount was enough to pay for part of the student’s college tuition.
Bullard v. City of Philadelphia, 2012 WL 460306 (E.D.Pa. 2012). Obtained judgment against the City of Philadelphia, Department of Licenses and Inspections, on behalf of a real estate developer whose property was demolished without notice. The case resulted in a six figure settlement for the client.
Aurora Financial Group, Inc. v. S.H. Phillips, Inc., United States District Court for the Eastern District of Pennsylvania (2012). Obtained nearly a $200,000 jury verdict in his favor of his client, a mortgage company, and against a real estate appraiser that prepared a faulty appraisal report that caused the mortgage company to have to repurchase a defaulted loan from Fannie Mae.
Reserve at Packer Park v. Baldi, 2012 WL 8682410 (Pa. Commw. Ct. July 9, 2012). On appeal, obtained complete reversal of trial judge’s decision that was ordered after a three week bench trial.
Commonwealth of Pennsylvania v. McClurg, Philadelphia Court of Common Pleas (2012). Obtained a defense verdict in a civil asset forfeiture case where the Commonwealth of Pennsylvania sought the forfeiture of a parcel of real estate and a liquor license because of alleged drug activity at the property. Statistic showed that only 48 out of 8000 – 0.6% – of civil forfeiture asset cases, like the one Wally defended, resulted in a defense verdict. Wally’s victory was covered in an article for Reason.com.
J. Rihl, Inc. v. Loftus Construction, Superior Court of New Jersey (2008). Obtained a five figure jury verdict in favor of an unpaid subcontractor that was wrongfully terminated from a federal construction project.
About This Blog
Authored by Philadelphia attorney Wally Zimolong, Supplemental Conditions provides keen insight and insider analysis of construction law developments, prominent construction litigation and labor law in the construction industry.Read More....