Gerald J. Schirato
Associate
Duane Morris LLP
600 Grant Street, Suite 5010
Pittsburgh, PA 15219-2802
USA
Phone: +1 412 497 1028
Fax: +1 412 202 8749
Email: gjschirato@duanemorris.com

Gerald J. Schirato practices in the area of litigation. Mr. Schirato has experience with complex commercial litigation, property tax relief and real estate litigation, products liability and toxic torts, and construction litigation. He has also represented banks, lenders and loan services in lender litigation and liability actions, predatory lending claims, banking law, and federal consumer class and individual actions, including actions under the Fair Debt Collection Law, the Fair Credit Reporting Act, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and the Fair Credit Extension Uniformity Act.

Mr. Schirato is a 2005 graduate of Vanderbilt University Law School, where he was managing editor of Vanderbilt Law Review and elected to the Order of the Coif, and a magna cum laude graduate of Dickinson College, where he was elected to Phi Beta Kappa.

Areas of Practice

• Trial (Product Liability, Appellate, Commercial Litigation, Construction, Property Tax Relief)

Representative Matters

Product Liability and Toxic Tort Litigation Experience

• Represent manufacturer of welding consumables in toxic -tort suits arising from alleged asbestos and manganese exposure from welding fume in state and multidistrict litigation.
• Represented and served as regional coordinating counsel for a manufacturer of valves, pumps and boilers in toxic-tort suits arising from alleged asbestos exposure.
• Defended manufacturers of bullet-resistant body armor, rifles and cross-bows in complex product liability cases.

Construction Law Experience

• Obtained settlement that client, a leading global provider of engineering and construction services, found favorable in arbitration involving claims by supplier of arc furnace-charging system for damages resulting from suspension of mini-mill project in Corsa, Mexico.
• Represented a leading global provider of engineering and construction services in a series of claims arising from the engineering, procurement and construction of a 790 MW super-critical coal-fired electric generating facility in Council Bluffs, Iowa.
• Represented a global engineering and construction company in lawsuit arising from remediation efforts of a roadway slope that resulted in the release of fly ash materials into the neighborhood stream and water channel.
• Represented a leading global provider of fiberglass-production equipment and services in lawsuit arising from the design, engineering and construction of a fiberglass-production facility in Clarksville, Tenn.
• Represented a large national provider of electricity in claims arising from client’s construction of a power-generating facility in Hawaii.

Commercial Litigation Experience

• Successfully defeated three Motions for Temporary Restraining Order and a Motion for a Preliminary Injunction for enforcement of restrictive covenants in an employment agreement, as sought by a former employer against a senior sales manager who had resigned from the company and joined a competitor.
• The Valspar Corporation v. Van Kuren, 2012 U.S. Dist. LEXIS 111862 (W.D. Pa. Aug. 9, 2012) – Obtained on behalf of The Valspar Corporation an injunction prohibiting the former Technical Manager of its Beverage Ends packaging coatings group from working for a competitor, despite the fact that there was no non-competition agreement or other post-employment restrictive covenant prohibiting him from working for a direct competitor, on the grounds that there was a substantial likelihood that he would disclose trade secrets if permitted to work for the competitor.
• Represent and counsel an alternative-education company with schools located in Pennsylvania, Washington, D.C. and Virginia on a variety of school, contract and regulatory issues.
• Obtained judgment for client in amount of $475,000, which represented amount client was owed under a supply contract for delivery of potato starch.
• Obtained settlement that client found favorable for manager of hedge fund against party claiming management fees for services provided under the fund.
• Obtained settlement that client found favorable for owner of a commercial facility in Oklahoma City, Okla. in litigation commenced by roofing company for alleged monies owed for repair work to roof of commercial facility.
• Obtained debtor’s private airplane on behalf of client/creditor through a replevin action under Pennsylvania law.
• Obtained on behalf of large banking client the dismissal of a suit seeking to invade the principal of a trust and have the bank removed as trustee.
• Obtained settlement that the client, a large real estate company, found favorable in a case involving the breach of a lease agreement.
• Obtained settlement that the client, a large insurance company, found favorable in a case involving claims against the insurance company for breach of contract, breach of fiduciary duty and bad faith.
• Obtained settlements that the client, a national trucking company, found favorable in personal injury cases involving claimed damages in the aggregate of $6 million.
• Obtained dismissal of lawsuit against an insurance broker in a class-action lawsuit involving claims of fraud, bad faith, conspiracy and breach of contract.
• Advised client on issues related to Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, including procedures to put in place to comply with the act.
• Advised leading area health system on its obligations when it imposes a summary suspension of staff privileges on a doctor.
• Advised client on issues related to drafting and enforceability of non-compete agreements.
• Advised leading national retailer on issues related to a municipality’s condemnation of property as means to avoid restrictions contained in a lease agreement.

Defamation/Libel Litigation and Media Law Experience

• Obtained relief for a student news-reporting organization from an order prohibiting any contact with witnesses during a homicide trial.
• Obtained summary judgment on behalf of popular sports-entertainment company against a former employee who brought actions for defamation, false light and breach of contract.
• Obtained for a world leader in the manufacturing of tread brake units the dismissal of a lawsuit brought by competitor who claimed that manufacturer disparaged both the quality of the competitor’s products and the competitor’s ability to sell products.
• Obtained settlement that client found favorable for manufacturer of computer software that assists medical providers in managing their pharmacy inventory in suit involving claims for trade libel, tortious interference and breach of contract.

Representative Appellate Experience

• Sanford L. Pollock v. Pittsburgh Opera, et al., Nos. 431-433 WDA 2009 (Pa. Super. June 10, 2010) (affirming summary judgment for the Pittsburgh Opera against real estate broker who claimed breach of an oral brokerage agreement, but who failed to memorialize the agreement in accordance with the Real Estate Licensing and Registration Act).
• Landis v. A.W. Chesterton Co. Nos. 1541-1542 WDA 2009 (Pa. Super. Aug. 31, 2010) – reversing denial of motion for judgment on the pleadings and holding that the Workers' Compensation Act precludes a former employee from bringing a civil action against his former employer for a work-related asbestos injury, even if the employee's workers' compensation claim is time-barred under the act.
• Bobak v. Feleky, 996 A.2d 1 (Pa. Super. 2010) – affirming grant of compulsory nonsuit for owner of a truck where the testimony of plaintiff's expert regarding a brake test was stricken because the expert could not confirm that the test was conducted using proper procedures.
• DL Resources, Inc. v. FirstEnergy Solutions, Corp., 506 F.3d 209 (3rd Cir. 2007) – reversing grant of summary judgment on plaintiff’s claim for tortious interference with prospective contractual relations and remanding for further proceedings because trial court improperly entered judgment sua sponte.

Defense of Professional Licensees

• Obtained settlement that client found favorable in action brought by Commonwealth of Pennsylvania against a real estate broker for alleged violations of Real Estate Licensing and Registration Act.
• Represented licensed psychologist in appeal to Commonwealth Court of Pennsylvania in action brought by Commonwealth of Pennsylvania alleging violations of Professional Psychologist’s Practice Act.
• Obtained dismissal of lawsuit against attorney facing claims of malpractice arising from tax advice given in complex corporate transaction.

Intellectual Property Experience

• Advised leading research university on issues related to patents developed by employees, including assignability of patents, enforcement against alleged infringers and royalty payments to employees.
• Represented manufacturer of boat-docking system in claims involving infringement of existing patent, inducement of infringement and contributory infringement.

Property Tax Relief

• Represented Transportation Investment Group, Inc. (TIG), the largest owner of industrial properties in Erie, Pa., in an appeal of a local tax assessment. Following two-day trial, obtained decision from Court of Common Pleas of Erie County that resulted in $300K in tax refunds and an $50K-per-annum reduction in future taxes. In response to cross-appeals to the Commonwealth Court of Pennsylvania filed by TIG and the taxing authorities, the court found in favor of TIG and remanded the case. On remand, the trial court issued a new order that resulted in close to $500K in tax refunds and an $80K-per-annum reduction in future taxes.
• Represented owners of commercial properties throughout the Commonwealth of Pennsylvania in assessment-reduction and exemption proceedings and successfully obtained assessment reductions and exemptions for major commercial property owners in the aggregate of $20 million.

Professional Activities

• American Bar Association
• Allegheny County Bar Association

Admissions

• Pennsylvania
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the Western District of Pennsylvania

Education

• Vanderbilt University Law School, J.D., 2005
  - Managing Editor, Vanderbilt Law Review
  - Order of the Coif
• Dickinson College, B.A., magna cum laude, 2002
  - Phi Beta Kappa

Experience

• Duane Morris LLP
  - Associate, 2008-present
• Kirkpatrick & Lockhart Preston Gates Ellis
  - Associate, 2005-2008
  - Summer Associate, 2004
• McGuireWoods LLP
  - Summer Associate, 2003-2004

Honors and Awards

• Pennsylvania Rising Star, 2012 and 2013

Selected Publications

• Co-author, "United States," International Civil Procedure, Second Edition, Chapter 14, November 2011
• Co-author, "Judge Corporate-Funded Studies on Their Merits," National Law Journal, August 16, 2011
• Co-author, "Pa. Supreme Court to Address Exclusivity of Pa. Workers' Compensation Act in Asbestos Cases," Duane Morris Alert, June 9, 2011