Stuart develops and implements strategy and tactics for all aspects of commercial disputes, 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 corporate and commercial 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.
Prior to joining Bernstein-Burkley, Stuart was a partner at a regional law firm and a solo practitioner.
“I’ve had the benefit of a lot of great role models,” says Stuart. “I have an amazing father who practiced law for more than sixty years. After college, I had the opportunity to work with brilliant lawyers who reinforced the belief that this career could bring favorable results and extraordinary intellectual stimulation, while feeding my constant desire to test and measure myself.”
Focus:
Stuart’s professional focus is in:
- Commercial & Corporate Litigation
- Business Disputes
- Zoning & Land Use
- Consumer Litigation
- Real Estate Litigation
He Represents:
- Business Owners
- Real estate developers
- Manufacturers
- Retailers
- Property Owners
- Construction companies
- Advertising companies
Education:
- Yale University (B.A. in History)
- University of Pittsburgh, J.D. magna cum laude
Managing Editor, University of Pittsburgh Law Review9
Order of the Coif
Admissions:
- Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. Bankruptcy Court for the Western District of Pennsylvania
Recognition:
- Selected to Pennsylvania Super Lawyers list for Business Litigation, 2014-2022
- Past President, Amy Reynolds Hay American Inn of Court
Notable Experience:
- Won a judgment exceeding $40 million, affirmed on appeal, 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.
- Obtained a 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.
- Argued before the Pennsylvania Supreme, Superior, and Commonwealth Courts.
- Defeated a 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 a 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.
- Represented employers and employees in disputes concerning enforcement of restrictive covenants and covenants not to compete.
Notable Pro-Bono Cases:
Through a local pro bono program, 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 represents persons seeking Protection from Abuse orders.
Publications & Presentations:
“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