Bruce P. Merenstein

Partner

T 215-751-2249

AREAS OF PRACTICE

Litigation Services

Mr. Merenstein's practice focuses primarily on appellate litigation in state and federal courts. He has handled appeals in many of the federal courts of appeals and the Supreme Court of the United States, as well as numerous state appellate courts, including those in California, Florida, Nevada, New Jersey, New York, Ohio, Maine and Pennsylvania. He also has extensive experience in state and federal trial courts, particularly in briefing and arguing various pre-trial issues and post-trial matters. Mr. Merenstein is an adjunct professor of appellate advocacy at The Earle Mack School of Law at Drexel University, where he has taught since 2007. Before entering the legal profession, Mr. Merenstein worked for almost a decade in the labor relations field. Mr. Merenstein is vice chair of the Firm's Litigation Services Department, co-chair of the Appellate Practice Group, and chair of the Pro Bono Committee.

AREAS OF EXPERIENCE

Representative Appellate Practice

Mr. Merenstein's appellate matters include the following:

Federal court appeals involving class actions, antitrust statutes, securities laws, RICO, labor and employment matters, trademark infringement, product disparagement, bankruptcy law, import regulation, and contract disputes;
State court appeals involving products liability, trusts and estates, partnership disputes, banking law, defamation, fraud, legal malpractice, juror misconduct, separation of powers, real estate law, public utility regulation, free speech and free exercise of religion, and intervention rights of non-parties
Pro bono matters involving homicide charges, prisoner civil rights, alien asylum applications, death penalty appeals, freedom of religion and habeas corpus petitions; and
An extraordinary King’s Bench Petition to the Pennsylvania Supreme Court that led to that court’s dismissal of the only challenge to the successful Barnes Foundation petition to amend its bylaws to permit a move of its gallery to Philadelphia.

Representative Trial Experience

Mr. Merenstein's non-appellate matters include the following:

Serving as court-appointed Special Master in pharmaceutical multidistrict litigation in federal court and assisting prior special master on discovery and settlement issues;
Acting as co-lead counsel in jury trial involving commercial lease dispute;
A leading role in a two-week jury trial in a lender’s liability suit, with particular responsibility for the parties' damages experts;
Major responsibility for the Barnes Foundation’s petition to amend its bylaws, including extensive pre-trial briefing and discovery, two separate bench trials and post-trial proceedings;
Second chair at two first-degree murder trials; and
Briefing and arguing numerous pre-trial and post-trial dispositive motions.

COMMUNITY ACTIVITIES

Or Hadash Reconstructionist Synagogue Board of Directors, 2002-2005; 2012-present
Upper Dublin School District Budget and Finance Task Force, 2010-2011
Upper Dublin School District Gifted Education Review Committee, 2007-2008
Upper Dublin Township Historic Preservation Committee, 2002-2005
Upper Dublin School District Educational Advisory Committee, 2000-2005

ATTORNEY NEWS

05/17/2013	Super Lawyers Recognizes Many Schnader Attorneys in 2013
01/23/2013	In the News: Bruce Merenstein's Role as Special Master and Mediator in Avandia Fee Dispute
10/16/2012	Schnader Appellate Team Secures Precedential Decision for Delaware Inmate
09/20/2012	Super Lawyers Recognizes Many Schnader Attorneys in 2012
08/23/2012	Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2013
05/16/2012	Schnader Appellate Team Secures Dismissal of Misguided False Claims Lawsuit Against Covanta
05/03/2012	Schnader Achieves Appellate Victory
04/10/2012	Schnader Successful in Upholding December 2010 Decision for Pennsylvania Gaming Control Board
03/27/2012	The Legal Intelligencer Honors Schnader Team with "Unsung Hero" Pro Bono Award
03/22/2012	Schnader Attorneys Successful in Securing Parole for Pro Bono Client William J. Barnes
02/21/2012	U.S. Magistrate Judge Calls for Release of Firm Client William J. Barnes on His Request for Parole
02/14/2012	A Team of Schnader Attorneys Achieve Appellate Victory for Client in In re SK Foods
11/23/2011	Schnader Appellate Team Obtains Significant Victory in Trust Case for Wells Fargo
11/10/2011	Schnader Successfully Represents the Pennsylvania Gaming Control Board in an Appeal of their Decision to Revoke the Foxwoods Gaming License
09/14/2011	Schnader Attorneys Achieve Victory for General Electric in Important Asbestos Appeal
09/01/2011	Thirty Schnader Attorneys Recognized as "The Best Lawyers in America" for 2012
08/17/2011	Schnader Obtains a Dismissal in a Matter for Covanta Holding Corp.
05/27/2011	Super Lawyers Recognizes Many Schnader Attorneys in 2011
03/21/2011	Eleven from Schnader Are Members of The American Law Institute
11/30/2010	The Schnader Team Representing William Barnes Featured in Several Articles Detailing His Request for Parole
08/04/2010	Thirty-Two Schnader Attorneys Recognized as "Best Lawyers in America" for 2011
06/29/2010	Schnader Lawyers Win Before the Third Circuit in Case Involving Judicial Pay Raises in Pennsylvania
06/03/2010	Jeffrey Letwin and H. Lee Schwartzberg to Co-Chair Schnader’s Business Services Department
05/28/2010	Schnader Successfully Obtains Complete Acquittal on Murder Charges Against William J. Barnes
02/01/2010	Schnader Delivers Significant Victory for the State Bar of California
01/01/2010	Super Lawyers Recognizes Many Schnader Attorneys in 2010
08/27/2009	Schnader Achieves an Important Victory for a Firm Client in a Landmark Trusts & Estates Case
08/24/2009	Schnader Appellate Team Obtains a Groundbreaking Decision in Pennsylvania Trust Law
05/27/2009	Many Schnader Attorneys Honored as 2009 Pennsylvania Super Lawyers
05/04/2009	Schnader's Cornblatt and Merenstein to Receive a 2009 Burton Award
03/31/2009	Merenstein Offers Insight on "Judicial Notice" and Information Found on the Internet
10/23/2008	Schnader's Merenstein Elected to the American Law Institute
09/29/2008	Twenty-Eight from Schnader in Best Lawyers in America 2009
08/21/2008	Schnader Honors Bruce P. Merenstein and Judith F. Olson With Harrison Awards
02/13/2008	In Russia, Judge Lewis Speaks on U.S. Human Rights
01/11/2008	Twelve Schnader Attorneys Honored as 2007 ‘Pennsylvania Rising Stars’
11/26/2007	Schnader Well-Represented in Bar Association of the Third Federal Circuit
09/18/2007	Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers
09/18/2007	Merenstein Appointed to Drexel Law Faculty
09/18/2007	Twenty-Four from Schnader in Best Lawyers in America 2008
06/04/2007	Merenstein, Solano Honored with 2007 Burton Awards
05/09/2007	Schnader Attorneys Involved with New Third Circuit Appellate Practice Manual
12/08/2006	Twelve Schnader Attorneys Named Pennsylvania Rising Stars
10/01/2006	Merenstein, Solano Review Lessons from Barnes Case
06/19/2006	Schnader Lawyers Fight Abuse of Legal Process
04/25/2006	Schnader Secures New Trial for Man on Death Row Almost 20 Years
03/31/2006	Merenstein Appointed to Philadelphia Bar's Investigative Division
03/31/2006	Merenstein Judges Legal Writing Competition
03/22/2006	Merenstein, Solano Write on Appellate Law
01/03/2006	Schnader Names Three New Partners
12/09/2005	Five Schnader Attorneys Honored as Pennsylvania Rising Stars
10/20/2005	Schnader Attorneys Honored for Outstanding Pro Bono Work
02/10/2005	Bruce P. Merenstein Noted as Young Lawyer Who Played Key Role in Barnes Foundation Matter

ATTORNEY SPEAKING ENGAGEMENTS

07/24/2012	Developments in the Supreme Court's 2011 Term
05/03/2012	Schnader Presented: Using Contemporary Trust Law to Ensure Antiquated Trust Restrictions Don’t Frustrate Trust Goals
04/07/2011	Appellate Litigation Practicum
03/05/2011	Schnader Attorneys Speak at The Second "Colonial Frontier" Legal Writing Conference
10/12/2010	CLE Session: Advanced Issues in Civil Practice - Judicial Review

ATTORNEY PUBLICATIONS

Articles
03/05/2012	"Do Jurors Pay Attention to What Lawyers Say?"
12/01/2011	"Pennsylvania Supreme Court Parts Ways With U.S. Supreme Court on Collateral Order Appeals"
11/30/2011	"Superior Court Adopts Broad Protections for Attorney-Expert Communications"
07/20/2011	"Pulling the Curtain Back on Appellate Fact-Finding"
05/19/2011	"Right Time, Wrong Place"
04/22/2011	"Secondary Authority Revisited"
04/15/2011	"Good Secondary Authority and Bad Secondary Authority"
04/11/2011	"The Hearsay Trojan Horse: Out-of-Court Statements Offered to Demonstrate a 'Course Of Conduct'"
02/07/2011	"In Search of Fairminded Jurists"
01/31/2011	"PA Supreme Court Requires Litigants to Raise Futile Arguments"
06/23/2010	"Circuit Precedent? What Circuit Precedent?"
06/07/2010	"When Eight is Not Enough"
01/12/2010	"A Brief Brouhaha"
01/05/2010	"A Holiday Gift for Appellate Procedure Wonks"
09/16/2009	"When 60 Percent Is Not a Majority"
09/01/2009	"Chief Justice Ralph J. Cappy's Death Penalty Dissents: The Importance of Statutory Authority and Procedural Protections"
07/21/2009	"Ships Passing in the Night"
07/16/2009	"Superior Court Says It’s OK to Rely on Defective Online Dockets"
07/06/2009	"More Quibbling Over Precedent"
06/30/2009	"Prevailing Parties Do Not Have to Appeal After All"
03/31/2009	"The Infallible Internet?"
11/04/2008	"Is Appellate Jurisdiction Always Jurisdictional?"
10/08/2008	"Certificates of Merit: Where Good Intentions Can Be Excusable Neglect (Sometimes)"
09/05/2008	"Premature Notices of Appeal"
08/25/2008	"There’s Wrong and Then There’s Really, Really Wrong"
08/01/2008	"Charities and the Orphans' Court"
06/27/2008	"Manufacturing Mootness"
06/13/2008	"Clarification Needed of Amendments to Rule 1925"
06/11/2008	"High Court Quibbles Over Definition of ‘Proceeds’"
10/01/2006	"Interim Issues Requiring Appellate Review—Pennsylvania’s Collateral Order Doctrine: Lessons From The Barnes Foundation Case And The 30 Years Of Jurisprudence Preceding It"
05/05/1999	“More Proposals to Amend Rule 68: Time to Sink the Ship Once and for All”
05/05/1997	“Last Bastion of School Sponsored Prayer? Invocations at Public School Board Meetings”
Books
08/01/2010	Third Circuit Appellate Practice Manual (Second Edition)
04/01/2007	Persons Who May Take or Participate in an Appeal
Alerts
07/27/2011	Florida Supreme Court Deepens Split of Authority on Meaning of Federal Limitation of Liability for Aircraft Owners and Lessors
09/01/2008	Recent Third Circuit Decision Contributes to Confusion Regarding Premature Notices of Appeal
06/01/2008	Perfected Security Interests vs. Writs of Garnishment
Newsletters
07/30/2012	Pro Bono Newsletter Summer 2012
09/13/2011	Pro Bono Newsletter Summer 2011
08/03/2010	Pro Bono Newsletter Summer 2010
04/01/2007	Schnader Appeals
08/01/2005	Issues and Trends in New Jersey Law
08/01/2005	Pro Bono Newsletter
05/01/2005	Pro Bono Newsletter

Education

University of Pennsylvania Law School, J.D., summa cum laude, Order of the Coif, 1998
University of Massachusetts, M.S., University Fellowship recipient, 1988
Brandeis University, B.A., magna cum laude, 1985
London School of Economics, Certificate in Sociology/Economics, 1984

Court Admissions

U.S. District Court for the Eastern District of Pennsylvania
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Supreme Court

Bar Admissions

Pennsylvania, 1998

Clerkships

Edward R. Becker, Chief Judge, United States Court of Appeals for the Third Circuit, 1998-1999

Professional Affiliations

American Bar Association, member
American Law Institute, member
Bar Association for the Third Federal Circuit, member
Pennsylvania Bar Association (and its Appellate Advocacy Committee), member
Philadelphia Bar Association (and its Appellate Courts Committee), member
Philadelphia Bar Association, Commission on Judicial Selection and Retention, investigator
On-line columnist for appellate issues for The Legal Intelligencer Blog.

Other Distinctions

Recipient, Earl G. Harrison Pro Bono Award, 2008
Listed in The Best Lawyers in America for appellate law, 2008-2013
Two time recipient of a Burton Award for Legal Achievement, in 2007 for co-authoring "Interim Issues Requiring Appellate Review—Pennsylvania’s Collateral Order Doctrine," and again in 2009 for co-authoring "Charities and the Orphans' Court."
Honors from HIAS & Council, a public-interest immigration advocacy organization, in recognition of outstanding pro bono work on an asylum case, 2005
Recognized as a 'Pennsylvania Super Lawyer' in the area of appellate law, 2009-2013
Recognized among 'Pennsylvania Rising Stars' by Super Lawyers in the area of appellate law, 2005, 2006, 2007
Winner of the University of Pennsylvania Law School’s prestigious Keedy Cup moot court competition, 1998
Graduation awards from the University of Pennsylvania Law School for best constitutional law paper, best civil procedure paper, and most significant contribution to the Law Review, 1998