Stuart develops and implements strategy and tactics for all aspects of trials, hearings, and appeals, pursuing and defending claims in federal and state trial and appellate courts, in arbitration proceedings, and through mediation.
Stuart has more than 25 years of experience in business and real estate litigation, with experience ranging from investigation and discovery through motions practice, trials, and appeals. His strengths include written & oral advocacy, factual analysis, and case strategy development. He has argued before the Supreme, Superior, and Commonwealth courts of Pennsylvania.
Stuart joined Bernstein-Burkley’s Litigation group, now listed in “Best Law Firms in America” in 2022. Prior to that time, Stuart was a partner at a regional law firm and a solo practitioner.
Focus:
Stuart’s professional focus is in:
- Commercial & Corporate Litigation
- Business Disputes
- Appellate
- Real Estate Litigation
- Zoning & Land Use
He Represents:
- Business Owners
- Real estate developers
- Manufacturers
- Retailers
- Property Owners
- Construction companies
- Advertising companies
Education:
- University of Pittsburgh, J.D. magna cum laude
Managing Editor, University of Pittsburgh Law Review
Order of the Coif - Yale University (B.A. in History)
Admissions:
- Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. Bankruptcy Court for the Western District of Pennsylvania
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of Michigan
- U.S. Bankruptcy Court for the Eastern District of Michigan
Recognition:
- Selected to Pennsylvania Super Lawyers list for Business Litigation, 2014-present
- Listed in Best Lawyers in America for Commercial Litigation
- Past President, Amy Reynolds Hay American Inn of Court
Notable Experience:
- Won judgment exceeding $40 million, and injunction against a multinational conglomerate in a dispute over payment of franchise royalties, ownership of the franchise, and use of the franchisor’s marks, and successfully defended judgement on appeal.
- Won jury verdict and award of attorney’s fees on trademark infringement, Computer Fraud & Abuse Act, and cybersquatting claims, and successfully defended verdict on appeal.
- Won appellate reversal in matter concerning “reasonable and necessary” accommodation for persons with disabilities.
- Won dismissal, affirmed on appeal, of RICO and state-law claims against a health insurer in a putative class-action lawsuit claiming a pattern of wrongful reimbursement for emergency medical services.
- Won disallowance of bankruptcy claim of which court noted following hearing, “In ten years, the Court has never held a stronger conviction that a fraud was perpetrated upon the court,” and successfully defended disallowance through multiple appeals.
- Won affirmance at multiple levels of bankruptcy court orders on claim allowance, automatic stay, and settlement approval.
- Argued before all Pennsylvania appellate courts.
- Defeated claim for more than $10 million in lost profits against a national transportation manufacturer in a trial of action brought by a failed local developer of proposed components.
- Represented foreign construction company in recovery of $20 million wrongfully drawn on a letter of credit.
- Obtained voluntary dismissals of class action claims and defeated class certification in matter arising from curtailment of business during 2020-2022 pandemic.
- Represented property owners in obtaining zoning approval of commercial and residential development from governing bodies and zoning boards.
- Represented property owners in appellate approval of property development, including reversal of trial court, governing body, and zoning hearing board decisions.
- Represented business and individual objectors in demonstrating failure of proposed developments to comply with zoning ordinance requirements.
Notable Pro-Bono Cases:
Stuart represented a young child in establishing paternity and obtaining and maintaining child support payments. When the father died intestate, Stuart worked to ensure that his client was recognized as the sole heir and could use a portion of his inheritance for needed improvements to his quality of life.
Stuart has represented spouses, partners, parents, and others in obtaining Protection from Abuse orders.
Publications & Presentations:
“Litigating Civil Case in Pennsylvania from Start to Finish”
Presenter, NBI, April 2025
“eDiscovery”
Presenter, Pennsylvania Bar Institute, December 2008 and March 2017
“Admissibility of Electronically Stored Information”
in eDiscovery (PBI Press, 2008, 2d ed. 2011, 3d ed. 2014, and 4th ed. 2017), co-author
“‘If I Only Knew Then What I Know Now’: Thoughts from Prominent Lawyers on What They Should Have Done and Not Done When They Were in Law School to Prepare for Their Legal Careers”
Speaker, Pitt Law Academy, University of Pittsburgh School of Law, September 2013
“Legal Ethics and E-Discovery: Future Problems, Current Solutions”
Presenter, Edgar M. Snyder Distinguished Visiting Scholar Program, University of Pittsburgh
School of Law, October 2009