Focus:
Arthur W. Zamosky holds the position of senior counsel at Bernstein-Burkley, P.C. and concentrates his practice on litigating matters on behalf of the firm’s clients. In addition to litigation, Art is very well-versed in areas of electronic discovery, including retention, collection and production of electronically stored information (ESI). As the need to address electronic discovery issues becomes more and more important, Arthur continues to follow the developing trends and case law in this expanding area.
He Represents:
He has experience representing clients in:
- Federal and State Courts of both Pennsylvania and West Virginia
- The United States Court of Appeals for the Third Circuit
- The Superior Court of Pennsylvania
- Various arbitration and mediation settings
- Suits against corporate offices and directors for breaches of duty for enforcement of contracts for the sale of oil and gas rights and in a larger-scale consumer protection and bad faith litigation involving national insurance companies
Background:
Prior to joining Bernstein-Burkley, P.C., the Greensburg, Pa., native obtained a vast and varied amount of litigation experience. Having represented both plaintiffs and defendants in numerous cases, he gained the perspective to see all sides of a matter in litigation. He has defended clients in many types of commercial and civil litigation including contract disputes, products liability claims, employment cases and catastrophic injury lawsuits. Among other things, he has experience representing plaintiffs in suits against corporate offices and directors for breaches of duty, for the enforcement of contracts for the sale of oil and gas rights and in a large-scale consumer protection and bad faith litigation involving several national insurance companies.
Notable Cases:
His ability to think on his feet and react quickly and decisively when necessary has been an asset to his clients in the following cases:
- Art represented an Official Committee of Unsecured Creditors in a lawsuit for breach of fiduciary duty filed against the officers and directors of a nursing home. He acted as lead counsel for a two-week jury trial, which resulted in a verdict of $5,750,000 in favor of the client.
- Art defended a class action lawsuit against a client which stemmed from alleged violations of a consumer protection statute. Through hard work and diligence, Art negotiated a favorable settlement on behalf of the client. In the Final Order approving the resolution, the Court recognized Art as “an experienced litigation attorney” and commended him for his “knowledge and skill to bring about a prompt and effective resolution to a complex matter while vigorously protecting his client’s rights.”
- He represented a client that entered into a Purchase and Sale Agreement for deep gas rights with another oil and gas entity. The purchaser attempted to invalidate the Agreement, and Art filed a complaint seeking specific performance of the Agreement and other injunctive relief. Ultimately, he obtained the requested injunction and resolved the matter, resulting in a payment to the client of $10,000,000.
Admissions:
- Admitted to the State Bars of Pennsylvania and West Virginia
- Admitted to practice before the United States District Courts for the Western District of Pennsylvania and the Northern and Southern Districts of West Virginia
- Admitted to practice before the United States Court of Appeals for the Third Circuit
Affiliations and Memberships:
- Allegheny County Bar Association
- Pennsylvania and West Virginia Bar Associations
- American Bar Association
Education:
- Waynesburg University (B.S. business administration, magna cum laude)
- University of Dayton School of Law (J.D.)
