J. Colin Knisely concentrates his practice in the areas of commercial litigation, banking litigation and litigation related to Title III of the Americans with Disabilities Act ("ADA"), while also handling a variety of other matters, including employment law issues, professional liability litigation, insurance coverage, and products liability litigation. Mr. Knisely has experience in all aspects of commercial litigation, including lead roles in numerous trials in state and federal courts, arbitrations and appeals.
Areas of Practice
- Commercial Litigation
- Banking Litigation
- ADA Title III Litigation
- Employment Law
- Insurance and Reinsurance
- Represent retailers, banks, energy companies, and other public accommodations against both claims and lawsuits brought against them for failure to maintain accessible websites, allegedly in violation of the ADA.
- Represented multiple banks in Pennsylvania in defense of putative class action claims brought against them for alleged failure to comply with ADA Standards for access to ATMs.
- Representing various retailers in putative class action claims brought against them for alleged failure to comply with the ADA for access to point of sale devices.
- Obtained $1.85 million verdict in favor of a bank client in a commercial mortgage dispute in which the borrowers alleged that their signatures were forged.
- Obtained dismissal of class action lawsuit against bank alleging the bank's ATM's failed to comply with the ADA standards. The Federal District Court held that Plaintiff's claims were moot since the bank had upgraded its ATM's under a company-wide plan.
- Obtained non-suit at trial on behalf of a bank on a subcontractor’s claims for unjust enrichment and constructive trust related to more than $1 million worth of snow removal work performed by the subcontractor at the Wachovia Center and Citizens Bank Park in Philadelphia.
- Represented a lender against a $75 million lender liability, deepening insolvency and fraud case brought by the U.S. Trustee. Case settled on terms the client found favorable.
- Represented architects in lawsuits alleging the failure to comply with the Fair Housing Act of the ADA Standards for Accessible Design.
- Obtained on behalf of a bank officer a summary judgment against allegations of fraud, conspiracy, conversion and RICO violations.
- Representing lender in class action lawsuit alleging that the lender's notices of motor vehicles repossessions and notices of surplus/deficiency failed to comply with the UCC and applicable state law.
- Represented a bank in a claim against an appraiser for professional negligence in relation to a $6.5 million appraisal report. Case resulted in settlement the client found favorable.
- Represented a bank against a mortgage banker in a breach of contract claim related to an $8.5 million loan.
- Obtained on behalf of a bank the dismissal of class action counterclaims for breach of good faith and fair dealing and fraudulent misrepresentation and a consumer fraud act.
- Represented a national retailer in defense and resolution of potential class action regarding alleged violations of the Americans with Disabilities Act, specifically that the company failed to reasonably accommodate disabled persons by failing to provide readily achievable means of access to eye examinations in their stores nationwide.
- Represented employer in lawsuit alleging disability discrimination and retaliation. Case settled on terms the client found favorable.
- Represented a New Jersey manufacturer against a Hong Kong based receiver for breach of contract and tort claims. Obtained a settlement the client found favorable.
- Obtained a defense verdict in favor of one of the nation's largest manufacturers of dump, transfer and flatbed trailers in a products liability matter.
- Represented a scaffolding supplier in a products liability action alleging defective scaffold design.
- Obtained a directed verdict for a commercial insurance carrier on claims of breach of contract and negligence.
- Represented a mid-size law firm in defense of legal malpractice claims related to the sale of a coffee company.
- Represented a law firm in defense of legal malpractice claims related to an attorney's representation of client in a non-compete dispute.
- Obtained a defense verdict in favor of a national restaurant chain involving a "Good Samaritan" claim brought by customer.
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Northern District of Ohio
- Case Western Reserve University School of Law, J.D., 1997
- Allegheny College, B.A., magna cum laude, 1993
- Duane Morris LLP
- Partner, 2011-present
- Deeb, Petrakis, Blum & Murphy P.C.
- Partner, 2006-2011
- Gallagher Sharp
- Associate, 1999-2006
- Philadelphia Bar Association
- Professional Liability Underwriting Society
- Author, "Banks the Latest Targets in Website Accessibility Claims," Duane Morris Alert, August 19, 2016
- Author, "Web accessibility: What e-retailers need to know," Internet Retailer, April 1, 2016
- Contributor, Duane Morris Banking Law Blog
- Author, "ADA Website Cases Filed in Federal Court in Pittsburgh, with More Likely to Follow," Duane Morris Alert, August 24, 2015
- Co-author, "Businesses Around the United States Being Targeted for Alleged Inaccessible Websites," Duane Morris Alert, August 14, 2014
- Co-author, "Banks Previously Sued in Title III ADA Class Action Lawsuits Now Getting Sued Again in Second Wave of Accessibility Lawsuits," Duane Morris Alert, March 11, 2014
- Author, "Automated Teller Machine Accessibility," Westlaw Journal—Bank & Lender Liability, April 8, 2013
- Author, "First ADA ATM Accessibility Class Action Lawsuit Is Filed in Atlanta," Duane Morris Alert, March 7, 2013
- Co-author, "First ATM Accessibility Class Action Lawsuit, Pursuant to the Americans with Disabilities Act, Is Filed in Philadelphia," Duane Morris Alert, August 9, 2012