John is a trial lawyer and co-chair of Schnader's Litigation Services Department. His caseload involves a broad range of business litigation on behalf of both plaintiffs and defendants involving tort, contract, and statutory claims. He has tried cases in federal, state, and bankruptcy courts and in AAA arbitrations. His broad base of experience allows him to apply creative, practical approaches to resolving litigation in a cost-effective manner.
Areas of Experience
Business Litigation
John has litigated business disputes involving various industries, including financial institutions, securities, construction, energy, health care, manufacturing, and real estate. Examples include the following:
· Prosecution of claims for bad faith and breach of contract against an insurance carrier arising from damage caused by Hurricane Katrina to a 39-building apartment complex in New Orleans, with the case being tried in Civil District Court for Orleans Parish in what was the largest hurricane case to reach trial.
· Prosecution of claims involving unfair competition, trademark infringement, and misappropriation of trade secrets concerning the design, manufacture and sale of industrial boilers, with the case being tried in the United States District Court for the Western District of Pennsylvania.
· Prosecution of claims on behalf of limited partners in real estate partnerships concerning the allocation of proceeds in a portfolio sale of commercial properties.
· Defense of directors and officers in the manufacturing industry against claims of breach of fiduciary duty (among others) in connection with leveraged recapitalization and redemption transactions.
· Defense of claims against directors and controlling shareholders of close corporation for breach of fiduciary duty and oppression of minority shareholder.
· Defense of directors of insurance carrier in dispute with other directors over control of carrier.
· Prosecution of accounting malpractice claims arising out of a $309 million asset sale in the health care industry, with the case being tried in the Circuit Court of Cook County, Illinois.
· Investigation and prosecution of accounting and legal malpractice claims, as well as claims against officers and directors, arising out of the failure of financial institutions in Pennsylvania, Rhode Island, Florida and Colorado that led to the recovery of millions of dollars. The claims centered on commercial and real estate loans.
· Prosecution and defense of breach of fiduciary duty and related claims against directors and officers. For example, John defended outside directors sued by a bankruptcy trustee for $54 million in connection with the failure of a home health care company. The trial court dismissed all claims against the Firm's clients based on (among other reasons) the business judgment rule and an exculpatory clause in the corporation's articles of incorporation.
· Defense of the assignee of a partnership interest against fraud and breach of contract claims, with the case being tried in the United States District Court for the Middle District of Pennsylvania. The partnership owned patent rights for the cardboard sleeve used on cups holding coffee sold by Starbucks and other coffee retailers. Plaintiff had alleged that he was defrauded out of his partnership interest. The case settled after plaintiff recanted the fraud allegations during cross-examination.
· Prosecution of civil RICO and fraud claims based on misrepresentations in commercial insurance applications.
· Prosecution of insurance coverage issues on behalf of insureds to whom coverage was denied.
· Prosecution of, and defense against, challenges to the award of municipal contracts in injunction proceedings. For example, after a week-long injunctive proceeding initiated by the Firm's client, a trial court not only invalidated a municipal contract awarded to a higher bidder but also awarded the contract to the Firm's client, which was proved to be the lowest responsible bidder.
Construction Claims
John has represented owners, construction managers, and general contractors in connection with claims arising from construction projects. Examples include the following:
· Representation of the Allegheny County Airport Authority in various construction matters involving the Pittsburgh International Airport.
· Defense of a hotel developer in an arbitration under the AAA construction rules against claims by a general contractor that the contractor had a contractual right to build the hotel. The contractor sought more than $1.5 million in lost profits and other damages after the contract was awarded to another contractor. The panel unanimously found in favor of the Firm's client after a week-long arbitration.
· Defense of a construction manager against claims of delay and disruption in connection with additions and alterations to elementary schools.
· Defense of a general contractor against claims by a subcontractor for sums allegedly due under a construction contract, with the case being tried in the Court of Common Pleas of Allegheny County.
Employment Litigation
John represents employers in a range of employment litigation, including the defense of claims for gender, age and race discrimination in both federal and state courts and the enforcement of restrictive covenants. Clients include businesses in the manufacturing, retail sales, and funeral services industries. Examples include the following:
· Enforcement of restrictive covenants in a variety of industries through injunction proceedings, including the minerals and mortgage brokerage industries.
· Defense of gender and age claims by an employee who was discharged as part of a reduction in force.
· Defense of gender and age claims by an employer who had a dispute with her supervisor, who was a younger male.
· Defense of a hospital against whistleblower claims involving conditions in an intensive care unit.
· Defense of a nonprofit organization against breach of fiduciary duty and negligent hiring and supervision claims.
Pro Bono
John shares Schnader's commitment to pro bono. He has worked on a variety of pro bono cases throughout his career, including death penalty cases, an asylum appeal for a Croatian woman who was the victim of domestic violence in Croatia, and a constitutional challenge to the elimination of the International Baccalaureate Programme in a Pittsburgh-area school district.
Community Activities
· Pittsburgh Youth Symphony Orchestra, Past President of the Board of Trustees
· Carlow University, Member, Board of Trustees
· Rotary Club of Upper St. Clair-Bethel Park, Past President
· American Inns of Court, Pittsburgh Chapter, Barrister
· Leadership Pittsburgh XIX
Professional Affiliations
· American Bar Association, member
· Pennsylvania Bar Association, member
· Allegheny County Bar Association, member
· Civil Litigation Section Council of the Allegheny County Bar Association, member
· International Association of Defense Counsel (IADC), member
Other Distinctions
· Rated AV® Preeminent™ by Martindale-Hubbell®
· Fellow, Allegheny County Bar Foundation
· Recognized as a "Future Star" for Pennsylvania in Benchmark Litigation, 2011-2012
· Noted as a "Pennsylvania Super Lawyer" for business litigation, 2004-2012
· Fellow, Academy of Advocacy of Temple University, 2001
News
05/18/2012, Super Lawyers Recognizes Many Schnader Attorneys in 2012
03/08/2012, Schnader Attorneys Noted in Legal Intelligencer Article
03/08/2012, Schnader's Litigation Services Department Co-Chair John Gisleson Offers Comment on TruServ Corp. v. Morgan's Tool and Supply Co.
02/14/2012, A Team of Schnader Attorneys Achieve Appellate Victory for Client in In re SK Foods
11/17/2011, Schnader Ranked as "Highly Recommended" in the 2012 Benchmark Litigation and Appellate Guides
09/19/2011, Sixty-Eight Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
08/29/2011, Schnader Secures Appellate Victory for MRO Corp.
08/10/2011, Schnader Achieves Dismissal of Potential State-Wide Class Action for Rite Aid Corporation
08/10/2011, Schnader Successful in Obtaining Victory for Richland School District
06/27/2011, Schnader's John Gisleson Appointed to the Board of Trustees of Carlow University
05/27/2011, Super Lawyers Recognizes Many Schnader Attorneys in 2011
10/27/2010, Schnader Ranked as "Highly Recommended" in the 2011 Benchmark Litigation Guide
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
06/20/2009, Schnader Attorney Supports the Pittsburgh Youth Symphony Orchestra
05/27/2009, Many Schnader Attorneys Honored as 2009 Pennsylvania Super Lawyers
09/23/2008, Gisleson Selected as a Fellow of the Allegheny County Bar Foundation
10/19/2007, Shupe, Gisleson to Head Litigation Services Department
09/18/2007, Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers
05/04/2007, Gisleson Speaks About Pittsburgh Youth Symphony Orchestra
07/20/2006, Thirty-Five Schnader Attorneys Are 2006 Super Lawyers
05/31/2006, Thirty-Three Schnader Attorneys Honored as 'Pennsylvania Super Lawyers'
07/07/2005, Schnader Attorneys Feted as Super Lawyers
06/01/2004, Schnader Lawyers Noted as 'Pennsylvania Super Lawyers' in 19 Categories
Events
09/23/2011, Schnader Hosts the TAGLaw Northeastern Regional Conference
10/24/2008, The 29th Annual Schnader Print Media Awards
Publications
ARTICLES
09/01/2011, "Enforceability of Class Action Waiver Provisions in Commercial Contracts"
07/17/2008, "Court Clarifies Use of Measured Mile Theory, Notice of Claims Provisions"
05/05/2003, "Prosecution of Fraud and Civil RICO Claims in the Involuntary Insurance Market"
01/01/2003, "Competitive Bidding of Municipal Contracts in Pennsylvania and the Litigation It Generates - Who Is the Lowest Responsible Bidder?"
05/05/2002, "Prosecution of Fraud and Civil RICO Claims in the Insurance Markets for Commercial Truckers"
01/01/2000, Entry of Judgment Before Post-Trial Motions Are Decided
01/01/1999, "Testimony of Engineers and Other Non-Scientific Experts - Evidentiary Reliability Considerations"
ALERTS
04/20/2011, Recent Second Circuit Opinion Invalidates Class Action Waiver Provision in a Commercial Contract
NEWSLETTERS
05/01/2005, Pro Bono Newsletter
Speaking Engagements
05/24/2012, Schnader Attorneys to Present "Navigating the Tributaries of Document Discovery"
03/23/2012, Schnader's John Gisleson Presents CLE Seminar "Taking & Defending Depositions"
04/22/2009, Taking and Defending Effective Depositions: Including a View From the Bench
12/01/2007, Taking and Defending Effective Depositions in Pennsylvania