Jeffrey S. Pollack

Partner

  • Jeffrey S. Pollack
  • Phone: +1 215 979 1299

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  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Jeffrey S. Pollack is a transportation attorney in Duane Morris’ trial department.  His practice focuses on the representation of Class I railroads and public transit authorities.  In that role, Mr. Pollack has appeared in state and federal court in over a hundred cases, defending against claims brought by current and former railroad employees under the Federal Employers’ Liability Act, and trespassers alleging significant bodily injury.  Mr. Pollack has also represented railroads in significant commercial disputes involving the manufacture, refurbishment, and repair of railcars.

Mr. Pollack has extensive experience in the field of toxic tort litigation, having defended against numerous cases alleging occupational exposure to various chemicals and substances, including diesel exhaust, creosote, and asbestos.

Mr. Pollack also handles complex matters involving patent and trademark infringement, unfair competition, contract disputes, covenants not to compete, and antitrust, RICO, and securities claims.  Mr. Pollack’s notable accomplishments include taking a trade secret case to trial, obtaining a defense verdict on behalf of H.J. Heinz in a case brought by a plaintiff claiming to have invented Heinz's Dip and Squeeze condiment package.  Mr. Pollack also successfully represented the Southeastern Pennsylvania Transportation Authority in a suit arising from a law firm’s use of the website MySEPTALawyer.com.

In addition to successfully trying cases to verdict, Mr. Pollack has received recognition from the Philadelphia Court of Common Pleas for his pro bono service on the behalf of underprivileged litigants.

Prior to joining Duane Morris, Mr. Pollack was a judicial clerk for the Honorable Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania and is a 2003 cum laude graduate of the University of Pennsylvania Law School, where he was Managing Editor of the University of Pennsylvania Law Review.

Representative Matters

    Railroad

  • Secured a complete victory in favor of Consolidated Rail Corporation and CSX Transportation, Inc. following a seven-day jury trial in the Philadelphia County Court of Common Pleas. The complaint was filed by a former Conrail and CSX employee who claimed that he developed kidney cancer as a result of alleged workplace exposures to asbestos and diesel exhaust during his thirty-two year railroad career. At trial, the team demonstrated that the plaintiff was never exposed to unsafe levels of either, and that his alleged exposures did not cause his cancer. After over three years of hard-fought litigation, the team secured a finding of zero liability.

  • Defends Class I railroads in FELA cases, complex preemption issues, and the defense of significant third party personal injury claims.

  • Obtained dismissal for lack of personal jurisdiction over Class I railroad in Philadelphia Court of Common Pleas. Damico v. CSX Transportation, Inc.
  • Defend Class I railroad in trespasser cases alleging personal injury. Martinez v. CSX Transp., Inc., No. 13-7305 (E.D. Pa.); Witcher v. CSX Transp., Inc., No. 17-4563 (E.D. Pa.).

  • Represent public transit authority in dispute over refurbishment of its fleet of railcars. LTK Consulting Services Inc. v. Delaware River Port Authority, No. 2015-31693 (Del. Cnty. Ct. of Common Pleas).

  • Represent public transit authority in negotiating with manufacturer for repairs to in-service railcars.

  • Represent Lockheed Martin in a contractual dispute arising from an agreement between the parties for the design, development and installation of an integrated electronic security system for New York City's public transportation system, with damages estimated at more than $130 million.

  • Represented a public transportation authority in a trademark suit arising from a law firm's use of the website MySEPTALawyer.com. Southeastern Pennsylvania Transportation Authority v. Mednick, et al., Civil Action No. 2:10-cv-02978-LDD (E.D. Pa.).

    • Automotive

  • Serve as MDL counsel for major automobile manufacturer in MDL-875 In re: Asbestos Products Liability Litigation.

  • Obtained summary judgment in personal injury lawsuit on behalf of a truck manufacturer on the ground that client could not, under the law of Pennsylvania, be liable as a successor corporation to the corporation that manufactured the truck in question.

  • Represented a manufacturer of customized specialty trucks and vehicles in action alleging infringement of its trademark by a competitor. Kovatch Mobile Equipment Corp. v. Spartan Motors Chassis, Inc., et al., No. 11-cv-2465 (E.D. Pa.).

    • Intellectual Property

  • Wawrzynski v. H.J. Heinz Co., et al. (W.D. Pa.) 2015 jury trial; defense verdict in case in which plaintiff claimed Heinz used his ideas in Heinz's Dip and Squeeze ketchup package.
  • Represented oil and gas company in action alleging trademark infringement. American Energy Corporation v. American Energy Partners, LP, No. 13-886 (S.D. Ohio).

  • Represent Fortune 100 computer networking company in patent litigation related to 802.11 wireless technology.

  • Obtained summary judgment on behalf of a multinational corporation headquartered in Pittsburgh and two related entities finding that plaintiff's state law claims were patent claims and that plaintiff's patent was not infringed. Wawrzynski v. H.J. Heinz Co., No. 11-cv-01098 (W.D. Pa.).
  • Represented multinational corporation headquartered in Pittsburgh against allegations of infringement of a patent related to condiment container configured to be carried by a standard drink holder. White v. H.J. Heinz Company, L.P., No. 12-6074 (N.D. Ill.).

    • Commercial Litigation

  • Represented a leading life insurance company in action involving claims regarding the formation and efficacy of an Employee Stock Ownership Plan as part of an alleged tax-shelter program. Trelease, et al. v. Metropolitan Life Insurance Co., et al., No. MID-L-5804-07 (Middlesex Sup. Ct.).
  • Represented an automobile dealership and its owners against a national manufacturer in a case alleging, among other things, fraud and violations of the state and federal RICO statutes as well as the New Jersey Franchise Practices Act. Darrick Enterprises, Inc. et al. v. Mitsubishi Motors Corporation, et al., No. 1:05-cv-4359 (D.N.J.).

    • Corporate Governance

  • Represent Special Litigation Committee of bank holding company in internal investigation of putative shareholder derivative claims related to breach of fiduciary duty.

  • Obtain dismissal of putative shareholder derivative action alleging aiding and abetting breach of fiduciary duty in merger transaction.

    • Pro Bono Litigation

  • Representing client in action seeking to hold him liable for the alleged misuse of his car by a third-party. Ly v. Castro, et al., No. 110102465 (Phila. CCP).

  • Successfully represented Dominican client in seeking return of children to home country pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

  • Successfully represented Paraguayan client seeking return of her children to home country pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

  • Obtained defense verdict at trial on behalf of client in personal injury action seeking to hold him liable for alleged negligent shoveling of snow and ice on neighbor's steps. Scott v. Wakefield, et al., May Term, 2008, No. 001269 (Phila. CCP).

  • Representing Honduran client seeking return of child to home country pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

Admissions

  • Pennsylvania
  • New Jersey

Education

  • University of Pennsylvania Carey Law School, J.D., cum laude, 2003
    - Managing Editor, University of Pennsylvania Law Review
  • Brandeis University, B.A., cum laude, 1999

Experience

  • Duane Morris LLP
    - Partner, 2013-present
    - Associate, 2004-2012
  • Judicial Clerk, Honorable Michael M. Baylson, U.S. District Court for the Eastern District of Pennsylvania, 2003-2004

Honors and Awards

  • Listed in The Best Lawyers in America, 2024

Civic and Charitable Activities

  • National Multiple Sclerosis Society Leaders Circle, 2012
  • Former Director and President of the Elfreth's Alley Association

Selected Publications