Kevin has over 20 years of experience defending manufacturers and corporations in product liability cases with an emphasis on product warranty cases involving claims pursuant to the Pennsylvania and New Jersey lemon laws, breach of warranty, and consumer fraud statutes.
Kevin has represented major manufacturers in a variety of industries including; automobile, boat, recreational vehicles, and homes. He has litigated cases on behalf of warranty and service contract companies.
Throughout his law career, Kevin has tried 75 cases to jury verdict, numerous bench trials, and handled multiple class action suits. Kevin has argued before appellate courts numerous times involving product warranty and consumer fraud issues and has appeared before the New Jersey Supreme Court and Third Circuit Court of Appeals.
Kevin oversees all product warranty cases throughout the firm's Pennsylvania, New Jersey and Delaware offices.
Significant Representative Matters
· Palmucci v. Brunswick Corp., 311 N.J. Super. 607, 710 A. 2d 1045 (App. Div. 1998). Holding that manufacturers are entitled to at least one opportunity to cure an allegedly defective product prior to plaintiff filing suit.
· Wanetick v. OCT Partnership, 318 N.J. Super. 156, 723 A. 2d 100 (App. Div. 1999). Holding that an ultimate outcome charge must be given to a jury in a consumer fraud case.
· Suber v. Chrysler Corp., 104 F. 3d 578 (3rd Cir. 1997). Determining federal jurisdictional issues and stating that a manufacturer cannot be held liable for actions of a dealer absent an indicia of ownership of the dealer in a consumer fraud case.
· Poli v. DaimlerChrysler Corp., 349 N.J. Super. 169, 793 A. 2d 104 (App. Div. 2001). holding that there is a two-year statute of limitation in a lemon law claim, and addressing breach of warranty statute of limitation issues.
· Wanetick v. Gateway Mitsubishi, 163 N.J. 484, 750 A. 2d 79 (2000). New Jersey Supreme Court ruling holding that an ultimate outcome charge must be given to a jury in a Consumer Fraud Act case; Model Jury Charges amended to reflect this ruling.
· Ryan v. American Honda, 186 N.J. 431, 896 A. 2d 454 (2006). Holding that leases are covered in New Jersey under the federal Magnuson Moss Warranty Act.
· Divigenze v. Chrysler Corp., 345 N.J. Super. 314, 785 A. 2d 37 (App. Div. 2001), cert. den. 171 N.J. 442, 794 A. 2d 181 (2002). Addressing plaintiff's burden of proof and jury instructions in a lemon law case.
· Obtained complete summary judgments dismissing entire cases for multiple automobile manufacturers in numerous cases in New Jersey and Pennsylvania involving the Pennsylvania and New Jersey lemon laws, breach of warranty (Uniform Commercial Code), Magnuson-Moss Warranty Act and consumer fraud statutes.
Published Works
· Strict Liability and Negligence Claims May be Barred in New Jersey Products Liability Cases Involving Damage to the Product, Defense Digest, 1998
· The Defense of Charitable Organizations Takes a Turn for the Better, Defense Digest, 1995
Representative Cases
· Palmucci v. Brunswick Corporation, 311 N.J. Super. 607, 710 A.2d 1045 (App. Div. 1998)
· Wanetick v. OCT Partnership, 318 N.J. Super. 156, 723 A.2d 100 (App. Div. 1999)
· Suber v. Chrysler Corporation, 104 F.3d 578 (3rd Cir. 1997)
· Wanetick v. Gateway Mitsubishi, et al, 163 N.J. 484, 750 A.2d 79 (2002)
· Poli v. DaimlerChrysler Corp., 349 N.J. Super. 169, 793 A.2d 104 (App. Div. 2001)
· Divigenze v. Chrysler Corp., 345 N.J. Super. 314, 785 A.2d 37 (cert. den. 171 N.J. 442, 794 A.2d 181 2002)
· Ferrari v. American Honda, DKT. No. A-1532-07T2 (NJ Appellate Division, January 30 2009)
Past Employment Positions
· United States Attorney General's Office, Civil Division, Philadelphia, Law Clerk
Associations & Memberships
· American Boat and Yacht Council
· Camden County Bar Association
Honors & Awards
· AV® Preeminent™ by LexisNexis Martindale-Hubbell
· New Jersey Super Lawyer , 2005
· Panelist, PBS television shows, Consumer Fraud Issues
· Swarthmore's Who's Who
Year Joined Organization: 1993
(Also at Philadelphia Office)