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Carl A. Solano: Lawyer with Schnader Harrison Segal & Lewis LLP

Carl A. Solano

LinkedIn
Partner
Philadelphia,  PA  U.S.A.
Phone215-751-2202

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Appellate Practice
  • Communications and Media
  • E-Commerce/Technology Litigation
  • Financial Services Litigation
  • Litigation Services
  • Securities Litigation
  • Environmental
  • Higher Education
 
University University of Scranton, B.S., 1973
 
Law SchoolVillanova University School of Law, J.D., cum laude, 1976 Order of the Coif
 
Admitted1976, Pennsylvania; Supreme Court of the United States; Court of Appeals for the Third Circuit; Court of Appeals for the Fifth Circuit; Court of Appeals for the Sixth Circuit; Court of Appeals for the Seventh Circuit; Court of Appeals for the Ninth Circuit; Court of Appeals for the Federal Circuit; U.S. District Court for the Eastern District of Pennsylvania; U.S. District Court for the Middle District of Pennsylvania
 
Born1951
 
Biography

Mr. Solano is co-chair of the Firm's Appellate Practice Group, and he chairs the Firm's Communications and Media Practice Group.

Areas of Experience

Appellate Practice

Mr. Solano's appellate and motions practice involves most fields of substantive law.

· Mr. Solano handles motions and appeals in federal and state courts throughout the United States and, particularly, in the U.S. Court of Appeals for the Third Circuit and the Supreme, Superior, and Commonwealth Courts of Pennsylvania.

· His wide-ranging appellate and motions practice frequently focuses on matters of state and federal constitutional law.

· He has addressed such varied issues as the inherent authority of the judiciary to compel its own funding, restrictions on punitive damage recoveries under the Due Process Clause, the propriety of class certification for medical monitoring actions, and the standards for appointing counsel for indigent litigants.

· He has handled matters in such diverse areas as wrongful death, bankruptcy, partnership law, insurance law, commercial transactions, workers' compensation law and health care.

· He represents trade associations, industry coalitions and individual clients as amici curiae in appellate matters.

Media Litigation Practice

Mr. Solano's First Amendment practice focuses primarily on advice and the defense of communications companies in libel and privacy matters, which he handles in both trial and appellate courts.

· Mr. Solano prepared the brief amicus curiae to the Supreme Court of the United States on behalf of the major television networks and other national media in Philadelphia Newspapers v. Hepps, in which the Supreme Court held it unconstitutional to require libel defendants to bear the burden of proving the truth of an allegedly libelous report about a matter of public concern.

· Mr. Solano provides pre-publication counseling to broadcast and print media with respect to libel, privacy and related issues.

· He has represented telephone companies and motion picture distributors on regulatory issues that have First Amendment implications. He also is actively engaged in lecturing and advising about the legal issues presented by the use of computers as communications media, including use of the Internet.

· Mr. Solano also advises non-media companies about press issues and media relations.

E-Commerce Practice

Mr. Solano's practice includes many of the cutting-edge issues presented by Internet communications.

· He has represented the leading registrar and registry of Internet domain names in litigation relating to domain name ownership and control.

· He has counseled Internet publishers about issues relating to content regulation.

· He represented a diverse group of Internet content providers and others as amici in Reno v. ACLU, in which the Supreme Court for the first time defined the scope of the First Amendment's protections for the Internet; his brief in that case was the first one ever accepted by a federal appellate court on CD-ROM.

· He has been an adjunct professor of law at the Villanova University School of Law on computer and electronic commerce issues.

Notable Recent Representations

Among Mr. Solano's recent successes are:

· Gates v. Rohm & Haas Co. (U.S. Court of Appeals for the Third Circuit). Obtained affirmance of denial of class certification in an action seeking medical monitoring and property damage on behalf of the residents of a village in northern Illinois who allegedly were threatened with harm by a chemical released through environmental contamination; the Court held that differences in the scientific evidence applicable to the residents' claims made the proposed class insufficiently cohesive to enable certification.

· Wayne M. Chiurazzi Law Inc. v. MRO Corp. (Pennsylvania Superior Court). After obtaining discretionary interlocutory review of a trial court decision denying a motion to dismiss an action claiming violation of Pennsylvania's Medical Records Act, obtained reversal of that decision and a holding that the Act permits medical record reproduction companies to charge rates set forth in a statutory fee schedule, rather than just the "actual and reasonable expenses" referenced elsewhere in the statute.

· Ranalli v. Rohm and Haas Co. (Superior Court of Pennsylvania). Obtained reversal of decision that estate of former company employee could pursue wrongful death action against employer because statutory defenses to recovery under Workers' Compensation Act made employer's immunity under that statute inapplicable.

· Wayne Moving & Storage of New Jersey, Inc. v. School District of Philadelphia (U.S. Court of Appeals for the Third Circuit). Obtained reversal of adverse monetary judgment on claim of unjust enrichment relating to cost overruns on moving services contract; on issue of first impression in federal appellate court, obtained holding that such actions are barred by statue governing Pennsylvania public schools.

· In re Estate of Fridenberg (Pennsylvania Supreme Court; Pennsylvania Superior Court). Represented a corporate trustee under a testamentary trust in a request for compensation from the trust corpus for the trustee's services. The appellate courts reversed the trial court's holding that it was bound by a 1951 Pennsylvania Supreme Court decision (which set forth what was known as the "rule of Williamson's Estate") forbidding compensation of trustees from a trust corpus if the trust was created before a statutory change permitting such compensation.

· Mary Courtney T. v. School District of Philadelphia (U.S. Court of Appeals for the Third Circuit). Representation of a school district in an action under the Individuals with Disability Education Act. The Court reversed the district court's holding, in a question of first impression in the Third Circuit, that the school district was required under the statute to reimburse the cost of a disabled student's psychiatric hospitalization because psychiatric treatment was necessary to enable the student to obtain a meaningful education.

· Ashcroft v. American Civil Liberties Union (U.S. Supreme Court; U.S. Court of Appeals for the Third Circuit). Representation of a diverse group of friends of the court in a challenge to the constitutionality of the Child Online Protection Act. The court held that the statute, which made it a crime to publish certain sexually explicit speech on the Internet, violated the First Amendment.

· United Parcel Service, Inc. v. Pennsylvania Public Utility Commission (Pennsylvania Supreme Court; Pennsylvania Commonwealth Court; Pennsylvania Public Utility Commission). Representation of public utility in challenge to PUC's method of assessing utilities for cost of operations. The Commonwealth Court held that PUC's methodology violated the applicable statute, and the Supreme Court held that PUC had no authority to revise its methodology in a manner that was adverse to the utility.

· Pioneer Commercial Funding Corp. v. American Financial Mortgage Corp. (Pennsylvania Supreme Court; Pennsylvania Superior Court). Representation of a bank seeking reversal of a $352 million megaverdict in a conversion action. The Superior Court vacated the punitive damages award because of the misconduct of plaintiff's trial counsel, and the Supreme Court held that the entire action should be dismissed on the merits under Pennsylvania banking laws.

· In re Barnes Foundation (Supreme Court of Pennsylvania; Court of Common Pleas of Montgomery County, Pa.). Representation of a nonprofit institution that owns a world-renowned art collection in obtaining permission to deviate from restrictive terms of its governing documents so that it could relocate its gallery to a more accessible location. The trial court permitted the deviation and the Supreme Court exercised its extraordinary jurisdiction to dismiss the objector's appeal.

· Franklin Prescriptions v. The New York Times Company (U.S. Court of Appeals for the Third Circuit; U.S. District Court for the Eastern District of Pennsylvania). Representation of a major national newspaper in libel litigation based on an alleged defamatory implication created by the use of a picture of a Web page. The newspaper obtained a favorable verdict in the district court, and the judgment in the paper's favor was affirmed on appeal.

· Luzerne County v. Luzerne County Retirement Board (Pennsylvania Commonwealth Court). Representation of county pension board seeking to overturn an injunction that, at county's request, forbade it from paying legal fees to prosecute a federal civil action for breaches of fiduciary duties and violations of federal laws by fund fiduciaries. The court vacated the injunction, establishing new pension law relating to board's independent authority and county's lack of power to usurp that authority.

Clerkships

Honorable Alfred L. Luongo, U.S. District Court for the Eastern District of Pennsylvania

Professional Affiliations

· American Academy of Appellate Lawyers, Fellow

· American Law Institute, elected member

· American Bar Association, member; Third Circuit reporter, Appellate Advocacy Committee Newsletter, Tort Trial and Insurance Practice Section

· Pennsylvania Bar Association, member; chair, Appellate Advocacy Committee 2008-2011

· Philadelphia Bar Association, member

· American Judicature Society, member

· Justinian Society, member, Board of Governors, 2008-2014

· St. Thomas More Society, member

Other Distinctions

· Named "Philadelphia Lawyer of the Year for First Amendment - Litigation" by The Best Lawyers in America, 2011

· Named to Planning Advisory Committee of Pennsylvania Department of Welfare's Office of Developmental Programs, 2011

· Recognized as a "Local Litigation Star" for Pennsylvania in Benchmark Litigation, 2011-2012 and Benchmark Litigation Appellate, 2012

· Noted as a "Pennsylvania Super Lawyer" in the area of appellate law, 2004-2011

· Listed in The Best Lawyers in America for appellate law and First Amendment law, 2006-2012

· Recipient, Pennsylvania Bar Association's Pro Bono Award, 2008

· Recipient, Burton Award for Legal Achievement, 2007

· Listed in Who's Who in American Law, Who's Who in the World, Who's Who in America and Who's Who in the East

· Villanova Law Review, associate editor

· Frequent speaker about appellate and communications issues

· Rated AV® Preeminent™ by Martindale-Hubbell®

News

12/19/2011, Schnader's Carl Solano Offers Comment on Pennsylvania Supreme Court Decision

11/23/2011, Schnader Appellate Team Obtains Significant Victory in Trust Case for Wells Fargo

11/17/2011, Schnader Ranked as "Highly Recommended" in the 2012 Benchmark Litigation and Appellate Guides

11/11/2011, Schnader Proudly Sponsors the 32nd Annual Schnader Print Media Awards

11/10/2011, Schnader Successfully Represents the Pennsylvania Gaming Control Board in an Appeal of their Decision to Revoke the Foxwoods Gaming License

09/19/2011, Sixty-Eight Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®

09/01/2011, Thirty Schnader Attorneys Recognized as "The Best Lawyers in America" for 2012

08/29/2011, Schnader Secures Appellate Victory for MRO Corp.

08/25/2011, Firm Obtains a Significant Victory in Gates v. Rohm & Haas

08/23/2011, Carl A. Solano Quoted in The Legal Intelligencer Regarding the Supreme Court's Decision to Allow Pennsylvania Cable Network to Air its Proceedings

08/02/2011, Schnader's Carl Solano Reelected to the Justinian Society Board of Governors

05/27/2011, Super Lawyers Recognizes Many Schnader Attorneys in 2011

05/04/2011, Carl Solano Elected to Membership in the American Academy of Appellate Attorneys

05/02/2011, Schnader Attorneys Featured in an Article About Dismissal of Brain Cancer Cluster Case Brought Against Schnader's Client Rohm and Haas Co.

03/21/2011, Eleven from Schnader Are Members of The American Law Institute

02/03/2011, Carl Solano Named 2011 "Philadelphia Lawyer of the Year for First Amendment-Litigation" by Best Lawyers

11/12/2010, U.S. Court of Appeals for the Third Circuit Unanimously Overturns a Summary Judgment Award of More Than $1 Million Against Philadelphia School District

10/27/2010, Schnader Ranked as "Highly Recommended" in the 2011 Benchmark Litigation Guide

10/14/2010, Four from Schnader Are Members of the American Academy of Appellate Lawyers

08/04/2010, Thirty-Two Schnader Attorneys Recognized as "Best Lawyers in America" for 2011

05/20/2010, Schnader Names John Gisleson and Nancy Winkelman Co-Chairs of Litigation

01/01/2010, Super Lawyers Recognizes Many Schnader Attorneys in 2010

09/14/2009, Solano Comments on a Worker's Comp Claim that was a Case of First Impression Before the Pennsylvania Superior Court

09/08/2009, Appellate Success: Ranalli v. Rohm and Haas Co.

09/01/2009, Carl Solano Quoted in Legal Intelligencer Article on Rule 1925

09/01/2009, Schnader Victory Detailed in September 2009 Mealey's Litigation Report: Employment Law

08/27/2009, Schnader Achieves an Important Victory for a Firm Client in a Landmark Trusts & Estates Case

08/24/2009, Schnader Appellate Team Obtains a Groundbreaking Decision in Pennsylvania Trust Law

08/14/2009, Schnader Obtains a Favorable Decision before the Third Circuit for the School District of Philadelphia in Special Education Case

07/31/2009, Appellate Success: Mary Courtney v. School District of Philadelphia

06/05/2009, Appellate Success: William A. Graham Co. v. Haughey

06/03/2009, Solano Appointed to a Second Term as Chair of the Appellate Advocacy Committee of the Pennsylvania Bar Association

05/27/2009, Many Schnader Attorneys Honored as 2009 Pennsylvania Super Lawyers

02/12/2009, Schnader's Solano and Winkelman to Appear on the Pennsylvania Cable Television Network

10/17/2008, Solano Quoted in The Legal Intelligencer on Rule 1925(b)

09/29/2008, Twenty-Eight from Schnader in Best Lawyers in America 2009

05/28/2008, Two Schnader Attorneys Are Honored With a 2008 Pennsylvania Bar Association Pro Bono Award

05/06/2008, Solano Elected Chair of PBA Appellate Advocacy Committee

02/22/2008, Solano Comments on Changing Landscape of Media Law

11/26/2007, Schnader Well-Represented in Bar Association of the Third Federal Circuit

10/26/2007, Solano Presents 28th Schnader Print Media Awards

09/18/2007, Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers

09/18/2007, Twenty-Four from Schnader in Best Lawyers in America 2008

06/04/2007, Merenstein, Solano Honored with 2007 Burton Awards

05/29/2007, Twenty-Seven Schnader Attorneys Named 2007 Pennsylvania Super Lawyers

05/09/2007, Schnader Attorneys Involved with New Third Circuit Appellate Practice Manual

04/23/2007, Solano Quoted on First Amendment Issues

04/11/2007, Solano Comments on First Amendment Issue

11/03/2006, Firm Presents 27th William A. Schnader Print Media Awards

10/01/2006, Merenstein, Solano Review Lessons from Barnes Case

09/05/2006, Twenty from Schnader in Best Lawyers in America 2007

07/20/2006, Thirty-Five Schnader Attorneys Are 2006 Super Lawyers

07/06/2006, Solano Notes Criticism of Appellate Rule

06/14/2006, Solano, James Honored by Philadelphia Volunteer Lawyers for the Arts

05/31/2006, Thirty-Three Schnader Attorneys Honored as 'Pennsylvania Super Lawyers'

03/24/2006, Solano Appointed to Committee to Study Proposed Appellate Rule Changes

03/22/2006, Merenstein, Solano Write on Appellate Law

11/04/2005, Solano Presents 2005 William A. Schnader Print Media Awards

09/13/2005, Schnader Featured in The Legal Intelligencer Regarding Victory in Defamation Case

09/06/2005, Several Schnader Lawyers Noted as Best in America

07/07/2005, Schnader Attorneys Feted as Super Lawyers

06/14/2005, Solano Quoted on Pa. Media Defense Climate

05/22/2005, Schnader Attorneys Noted in Inquirer Article Reviewing Barnes Litigation

02/10/2005, Bruce P. Merenstein Noted as Young Lawyer Who Played Key Role in Barnes Foundation Matter

06/01/2004, Schnader Lawyers Noted as 'Pennsylvania Super Lawyers' in 19 Categories

Related Events

09/23/2011, Schnader Hosts the TAGLaw Northeastern Regional Conference

06/12/2008, The Pennsylvania Bar Association's Appellate Advocacy Practicum

Publications

Articles

09/23/2011, "Court Ruling Advances Trend on Medical Monitoring Class Actions"

10/01/2006, "Interim Issues Requiring Appellate Review-Pennsylvania's Collateral Order Doctrine: Lessons From The Barnes Foundation Case And The 30 Years Of Jurisprudence Preceding It"

11/01/2005, "Franklin Prescriptions v. New York Times Co. - Omission of Presumed Damages Charge Was Not Reversible Error"

10/17/2005, "Rule Change to Permit Citing of Unpublished Opinions Endorsed"

09/01/2005, "Third Circuit Holds that Failure to Charge Jury on Presumed Damages Was Not Reversible Error"

05/05/2005, "Federal Appellate Procedure - Third Circuit"

05/05/2005, "Third Circuit Again Strikes Down COPA as Unconstitutional"

Books

08/01/2010, Third Circuit Appellate Practice Manual (Second Edition)

01/01/2007, Third Circuit Appellate Practice Manual

Alerts

05/15/2008, Today, Everyone is a Publisher

Newsletters

04/01/2007, Schnader Appeals

Speaking Engagements

10/15/2010, Schnader's Solano Speaks About Freedom of the Press at the Philadelphia Bar Association's 2010 Bench Bar & Annual Conference

12/07/2009, CLE Session: Appellate Mediation in Pennsylvania

08/27/2009, CLE Session: Appellate Advocacy Practicum

03/18/2009, Chair of Schnader's Communications and Media Practice Group to Speak on First Amendment Issues

09/18/2008, Solano and Titus Participate in Pennsylvania Bar Association Appellate Seminar

08/16/2007, Appellate Advocacy Practicum

06/22/2007, From Peter Zenger to Don Imus: Is the First Amendment Alive and Well?

06/22/2007, National Society of Newspaper Columnists' Annual Conference

05/31/2007, Arts Management and the Law

09/27/2006, Media Law Conference

03/21/2006, Practical Tips on Navigating the Appellate Courts

02/08/2006, Strategies in Drafting and Opposing Petitions for Discretionary Appellate Review

 
ISLN903562438
 


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Office Information

Carl A. Solano
Schnader Harrison
Segal & Lewis LLP

1600 Market Street, Suite 3600
Philadelphia, PA 19103-7286




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