Kenneth M. Argentieri

Kenneth M. Argentieri

Kenneth M. Argentieri practices in the area of litigation, representing individual and corporate clients in both trial and appellate matters in a wide range of areas, including products liability, defamation, toxic tort, environmental, securities, class action and commercial law. He has served as national coordinating counsel and as regional counsel for clients in toxic tort matters.

Mr. Argentieri is admitted to practice in Pennsylvania and Ohio and regularly handles matters in federal and state courts. He is a 1981 graduate of Harvard Law School and a cum laude graduate of Harvard University.

Areas of Practice

· Trial

Representative Matters

Product Liability and Toxic Tort Litigation Experience

· Designed national defense strategy for clients in asbestos and manganese exposure cases.

· Served as national counsel for a contractor defendant in asbestos cases.

· Served as national coordinating counsel for industry group in asbestos cases.

· Obtained defense verdicts in asbestos cases as regional counsel for a manufacturing defendant.

· Defended manufacturers of hand guns, bullet resistant body armor, rifles, riding lawn mowers, punch presses, printing machines, dental appliances, gas valves, wall heaters and coal mining equipment in complex product liability cases.

· Defended steel company employer in toxic tort case where plaintiff-employee attempted to bypass the worker's compensation bar and claimed that employer intentionally injured employee.

· Defended rubber company in multiple suits alleging personal injuries from exposure to hazardous wastes that were allegedly discarded by the company.

· Defended chemical company in premises liability cases where subcontractor employees were injured and claimed unsafe working conditions; secured indemnification from contractors/subcontractors.

Securities, RICO, Class Action and Shareholder Litigation Experience

· Obtained summary judgment on behalf of broker clients in a class action securities fraud case relating to the initial public offering for a waste disposal company; also obtained attorneys' fees for client.

· Obtained summary judgment on behalf of a general partner of a real estate limited partnership in a class action RlCO case based on alleged securities, mail and wire fraud.

· Defeated class certification motion on behalf of a broker defendant in a RlCO case asserting securities fraud in connection with the offering of units in a movie limited partnership.

· Defeated class certification motion on behalf of a Web-hosting company that sent facsimile advertisements to its customers allegedly in violation of the Telephone Consumer Protection Act.

· Defended securities fraud claims against broker relating to the sale of a medical software company; secured indemnification of broker by seller.

· Obtained court dismissal of two outside directors in class action securities fraud case alleging three-tier fraud scheme by international transportation and power generation company.

· Defended company against shareholder class action alleging violations of Section 10(b) of the Securities Exchange Act and Rule 10b-5; obtained dismissal of claims on behalf of all members of the class who purchased on a foreign stock exchange, thereby reducing potential damages to a fraction of the total possible damages.

· Obtained settlement that the client found favorable on behalf of a 20% minority shareholder in a health maintenance organization based on claims of improper treatment by the majority shareholder.

· Obtained settlement that the client found favorable of national class action lawsuit alleging defects in client's bullet resistant body armor.

· Represented corporation in suit by minority shareholders alleging corporate waste and improper treatment of shareholder; obtained settlement that the client found favorable.

· Obtained dismissal of federal court class action alleging that hospital breached its obligations under its tax exempt status by overcharging poor patients.

· Obtained dismissal of state court class action alleging that hospital engaged in unfair trade practices in billing uninsured patients.

· Represented car dealership in class action case involving allegations of improper sales practices relating to rust proofing services.

Environmental Litigation and Counseling Experience

· Defended a steel company against CERCLA claim involving disposal of unused heating oil; case involved the CERCLA petroleum exclusion.

· Defended company against CERCLA claims involving alleged disposal of PCBs.

· Defended steel company against RCRA claims by EPA in connection with consent decree to remediate the steel company's plant.

· Represented company that allegedly released radioactive materials into the environment; case involved challenges to the constitutionality of municipal laws.

· Defended rubber company in multiple suits alleging personal injuries from exposure to hazardous wastes that were allegedly discarded by the company.

· Obtained Act 2 release under Pennsylvania Hazardous Substance Control Act for company that innocently purchased land that had buried hazardous substances.

Defamation/Libel Litigation and Media Law Experience

· Defended newspaper that published picture of individual different from the person described in the article.

· Defended newspaper that printed "letter to the editor" by a public figure that was allegedly not written by the public figure.

· Obtained dismissal of claim against newspaper that published article about a house fire where owner alleged that the article defamed him.

· Defended client who was alleged to be negligent in printing the wrong 800 number in telephone directories.

Commercial Litigation Experience

· Obtained settlement that client found favorable for minority shareholder of health maintenance organization against majority shareholder.

· Obtained appellate court reversal of jury verdict in a breach of contract action relating to the sale of microprocessor units for use in telephones.

· Represented corporation in suit by minority shareholders alleging corporate waste and improper treatment of shareholders; obtained settlement that the client found favorable.

· Represented Argentina company and German parent in claim by U.S. company that leather purchased by U.S. company did not meet specifications due to chemical formulations developed by Argentina company.

· Represented newspaper company in contract dispute with seller of newspaper equipment; obtained summary judgment on claim for consequential damages and case settled thereafter.

· Represented trust company in dispute with administrator of a trust; filed interpleader action to resolve dispute and obtained attorneys' fees for trust company.

· Commenced preliminary injunction action on behalf of law firm against former attorney for the return of client files that were taken when the attorney left the firm; case settled with outcome that the client found favorable immediately preceding the preliminary injunction hearing.

Representative Appellate Experience

· Richard Vince, Jr. v. Crane Co., No. 87955 (Ohio Ct. App., 2007) (affirming summary judgment in asbestos case where plaintiff did not establish that defendant's product could have been a substantial factor in causing the asbestos disease).

· National Fuel Gas Co. v. Equimeter, Inc., No. 05-1901 (3d Cir. 2006) (affirming summary judgment for manufacturer of gas valves on claims of breach of warranty, indemnity and product liability).

· Clendenin Brothers, Inc. v. U.S. Fire Ins. Co., Misc. No. 2 (MD App. 2005) (filed amicus brief supporting insured; court ruled that "absolute pollution exclusion" does not preclude coverage for personal injury claims arising from exposure to welding fumes).

· Matthews v. Kidder, Peabodv & Co. Incorporated, 260 F.3d 239 (3d Cir. 2001) and 161 F.3d 156 (3d Cir. 1998) (RICO, securities fraud, affirming dismissal of case on basis of the statute of limitations).

· Johnston v. HBO Film Management, Inc., 265 F.3d 178 (3d Cir. 2001) (RICO, denial of class certification affirmed).

· Hallager v. Alleqheny Ludlum Corp., No. 181 EDA 2000 (Pa. Super., Jan. 10, 2001) (change of venue affirmed); No 3195 EDA 2003 (Pa. Super., Dec. 27, 2004) (affirming summary judgment for employer on claim that employer fraudulently misrepresented health test results to employee).

· Werbowskv v. American Waste Services, Inc., 1998 U.S. App. LEXlS 31984 (6th Cir. 1998) (securities fraud, summary judgment affirmed).

· Wheeling Pittsburgh Steel Corporation v. U.S.E.P.A., 1997 U.S. App. LEXlS 31462 (4th Cir. 1997) (interpretation of prior consent decree in context of a subsequent RCRA administrative order).

· National Controls Corp. v. National Semiconductor Corp., 833 F.2d 491 (3d Cir. 1987) (reversal of jury verdict for plaintiff, no causation of damages).

· Stevens v. A-Best Products Company, No. 519 Pgh. 1993 (Pa. Super. Jan. 21, 1994) (affirming defense trial verdict in asbestos cases).

· Botti v. Southwest Butler County School Dist., 529 A.2d 1206 (Pa. Cmwlth. 1987) (mandamus, right to a hearing where there is an alleged demotion).

· Weinzierl v. Weinzierl, No. 1615 WDA 2001 (Pa. Super. May 30,2002) (Protection from Abuse Act, reversal of trial court's order dismissing petition).

Professional Activities

· Academy of Trial Lawyers of Allegheny County

· Allegheny County Bar Association
- Member, Board of Governors

· American Bar Association

· Pennsylvania Bar Association
- House of Delegates

· Product Liability Advisory Council

Experience

· Duane Morris LLP
- Partner, 2007-present

· K&L Gates
- Partner, 1990-2007
- Associate, 1984-1990

· Garvey Schubert Adams & Barer
- Associate, 1982-1984

· Clerk, Honorable Frank J. Battisti, Chief Judge
- U.S. District Court for the Northern District of Ohio, 1981-1982

Civic and Charitable Activities

· Neighborhood Legal Services Association
- Board of Directors, 1998-2006
- President, 2002-2004

· Allegheny County Bar Foundation Board of Trustees
- Treasurer, 2000-2004

· Sheldon Calvary Camp
- Chancellor, 2002-Present

· Duquesne University School of Law
- Adjunct Professor, 1998-1999

Honors and Awards

· Allegheny County Bar Association
- Special Project Award (Inside Your Courts) 1995

· Allegheny County Bar Association
- Pro Bono Special Achievement Award (1998)

· Philadelphia Magazine - Pennsylvania Super Lawyer
- 2004, 2005, 2006, 2007

Selected Publications

· Co-author, "K&LNG Pro Bono Report," K&LNG Publication, Issue 2, 2006

· Co-author, "U.S. Supreme Court Clarifies Constitutional Limits on Punitive Damage Awards," Product Liability Alert, April 2003

Documents by this lawyer on Martindale.com