Stephen J. Shapiro

News & Publications

• Third Circuit Holds That Drug Manufacturers Are Not Required to Deliver Discounted Drugs to More Than One Contract Pharmacy Under the 340B Program
• Aviation Happenings: Fall 2022
• Aviation Happenings: Spring 2022
• Aviation Happenings: Winter 2021
• Protecting Privacy Rights and Opposing the Release of Personally-Identifying Information of Every Registered Voter in Pennsylvania
• Aviation Happenings: Fall 2021
• Aviation Happenings: Summer 2021
• The Propriety of Out-of-State Service of Certified Mail Without Restricted Delivery in Pa.
• In for a Penny, in for a Pound: The Pennsylvania Superior Court Holds that the Fair Share Act Apportionment of Liability Among Defendants Applies Only in Situations where a Plaintiff is Comparatively at Fault
• Schnader Attorney Named in Who’s Who Legal: Transport 2021
• Aviation Happenings: Winter 2020
• Aviation Happenings: Fall 2020
• Jurisdictional Issues that Can Cost Your Businesses: What In-house Counsel Need to Know
• Aviation Happenings: Spring 2020
• Steve Shapiro Selected As Leading Aviation Lawyer in North America by Who’s Who Legal: Transport 2020
• Aviation Happenings – Winter 2019
• Schnader’s Aviation Group Recognized in Who’s Who Legal: Transport 2020
• Schnader Wins First Amendment Appeal in the Third Circuit
• Aviation Happenings – Fall 2019
• Aviation Happenings – Spring 2019
• Third Circuit: A business whose reason for existence is obtaining payment on debts is a debt collector under the FDCPA
• Aviation Happenings – Winter 2018
• Aviation Happenings- Summer 2018
• Third Circuit: Warning Debtor that Discharge of Debt May Be Reported to IRS Can Violate the FDCPA
• Call Me by Your Name – Or Risk an FDCPA Claim, Says Third Circuit
• Third Circuit: The CFPB may use a CID to obtain information about all aspects of a company’s business.
• The Third Circuit Holds that Highway Tolls are Not “Debts” Under the FDCPA
• The Third Circuit Holds that the FDCPA Applies to Debt Collectors that Are Collecting Debts They Own
• 2nd Cir: Debtor’s Failure to Contest Debt Does Not Insulate Debt Collector from Liability under FDCPA
• PA Supreme Court Addresses Recovery of Costs and Fees Under Act 6
• 3rd Circuit Holds that Discovery Rule Does Not Apply to FDCPA’s One-Year Statute of Limitations, But Doctrine of Equitable Tolling Might Apply
• The Third Circuit holds that the discovery rule does not apply to the FDCPA’s one-year statute of limitations, but that the doctrine of equitable tolling might apply.
• Aviation Happenings- Spring 2018
• Aviation Happenings- Spring 2018
• Schnader Attorneys Receive Recognition for Pro Bono Efforts
• Aviation Happenings- Summer 2017
• Aviation Happenings- Winter 2016-2017
• Schnader’s Aviation Group, Litigation Department Recognized by Corporate America
• Schnader Announces Changes to Firm Management
• Third Circuit holds that only “material” representations by a debt collector are actionable under the FDCPA
• Pennsylvania Supreme Court Formally Adopts “Gist of the Action” Doctrine
• American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski
• Third Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide Arbitration
• Ninth Circuit addresses TILA tender requirement and RESPA statute of limitations
• Super Lawyers Recognizes Many Schnader Attorneys in 2014
• If you think you have consent to autodial a cell phone, you may need to think again
• Twelve Schnader Attorneys Honored as 2007 ‘Pennsylvania Rising Stars’
• Reading the Tea Leaves: The Supreme Court Seems Likely to Eliminate the ERISA Presumption of Prudence
• In a TCPA case, Eleventh Circuit addresses who may give consent, how consent may be revoked and whether a charge is required
• Ninth Circuit holds that, for purposes of diversity jurisdiction, a national bank is not a citizen of the state in which it maintains its principal place of business
• Joining a split among the circuits, the Fourth Circuit holds that the FDCPA permits debtors to dispute debts orally
• Fifth Circuit says prevailing lender in a wrongful foreclosure action may seek attorney’s fees under Rule 54(d)(2)
• Seventh Circuit holds that FIRREA’s time limit for seeking judicial review of a disallowed claim is jurisdictional
• Aviation Happenings – Winter 2014
• Pennsylvania’s Superior Court holds that lenders cannot attach real property held in tenancy by the entirety if it has separate judgments against each spouse
• Schnader Defends Airline from Mistaken-Meal Suit
• Pennsylvania’s Superior Court creates a conflict with the Third Circuit by holding that UTPCPL claims are not subject to the economic loss doctrine
• Creditors can be found liable for violating the FDCPA when they use third party debt collectors that do not make bona fide attempts to collect debts
• Joining a Growing Trend, California District Court Refuses To Follow Glaski
• Fourth Circuit holds that lenders can require borrowers to waive ECOA claims in connection with loan work-outs
• Schnader Attorneys Represent Newspapers in First Amendment Victory Related to PA Executions
• Seventh Circuit confirms that the FCRA preempts state common law claims
• The Third Circuit holds that communications with debtors during bankruptcy proceedings can expose debt collectors to liability under the FDCPA
• Deficient Act 91 notices do not divest Pennsylvania courts of subject matter jurisdiction to hear mortgage foreclosure actions
• Third Circuit addresses two issues of first impression regarding the statute of limitations in the Securities Act.
• Circuit split widens on actions borrowers must take to preserve their right to rescind under TILA
• Super Lawyers Recognizes Many Schnader Attorneys in 2013
• Pennsylvania’s Superior Court Addresses the Format and Location of Confession of Judgment Clauses
• In data breach case, Fifth Circuit says New Jersey’s economic loss doctrine does not bar negligence claim by credit card issuers
• Venue rule does not automatically apply to confessed judgments in Pennsylvania
• A Lower Debit Card Interchange Fee Cap is Unlikely to Eliminate Durbin Amendment Fee Increases Plaguing Small-Ticket Merchants
• Schnader Begins Publishing the Schnader Financial Services Blog
• Pennsylvania’s Superior Court Holds That Loan Term Sheets May Be Binding Contracts
• Lenders may be able to reduce litigation risk by obtaining express consent when a borrower pledges the assets of a wholly-owned subsidiary as collateral
• FIRREA Does Not Deprive Courts of Jurisdiction to Rule on Affirmative Defenses to Foreclosure Actions, Holds Pennsylvania’s Superior Court
• The “Effective Vindication” Doctrine is a Virtual Dead Letter After American Express Co. v. Italian Colors Restaurant
• Proposed Changes to Federal Rules Would Place New Limits on Discovery
• The U.S. Supreme Court Grants Cert to Decide Whether the Fair Housing Act Allows for Disparate Impact Claims in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.
• New Developments in the Presumption of Prudence Under ERISA: A Dramatic Increase in Liability Exposure Hangs on the Difference Between “Shall” and “May”
• Federal Court Dismisses Class Action Complaint Based on Pre-Complaint Offer of Settlement
• In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter Jurisdiction
• Previously Banned Fees Charged to Consumers Now Permissible for Visa and MasterCard Transactions
• Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage
• Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission Rights Under TILA
• Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission Rights Under TILA
• Gabelli v. SEC: the Supreme Court’s Statute of Limitations Ruling Puts Pressure on Federal Agencies to Investigate More Aggressively and Sue More Quickly
• California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes
• “Contracting for Irreparable Harm May Not Be as Effective as You Think”
• Another Court Holds Daubert Analysis Required When Critical to Class Certification
• McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff’s Attempt to Apply Antitrust-Conspiracy Principles to a Consumer Financial Protection Statute
• The Supreme Court Declines to Address Whether Financial Institutions Are Entitled to Unqualified Immunity from Claims Arising from the Filing of Suspicious Activity Reports
• PA Supreme Court to Address Confusion Concerning the Statute of Limitations Governing Guaranties
• Delaware Court of Chancery Unveils New Rule for Confidential Filings
• Pennsylvania Bar Association Announces Schnader Print Media Awards
• First Amendment Rights of Witnesses to Execution in PA Protected
• Schnader Attorneys Recognized as Members of the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor
• FTC Reaches Settlement on Charges Under the Fair Credit Reporting Act and FTC Act Against Seller and Buyers of Consumer Financial Information
• Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision’s Impact on Federal Claims Makes a Return to the Supreme Court Likely
• Recent Decisions Provide Guidance with Respect to the Application and Scope of Anti-Retaliation Provision of Dodd-Frank
• Consumer Financial Protection Bureau Update: The Proposed Mortgage Servicing Rules
• Majority Shareholders Who Take Part in “Squeeze-Outs” Can No Longer Count Pennsylvania as the Sanctuary It Once Was Thought to Be
• Consumer Financial Protection Bureau’s Regulatory Agenda Highlights Numerous Mortgage-Related Rules on the Horizon
• “Pitfalls for Sellers and Purchasers of Defaulted CMBS Loans”
• Consumer Financial Protection Bureau Seeks to Extend Regulation E to Certain Prepaid Cards
• Resolving the Split on Split Fees Under RESPA: Freeman v. Quicken Loans Holds That Fee-Splitting Is Prohibited Only if the Fee Actually Is Split
• “Comments Provide Clues of Future CFPB Oversight on Private Student Loans”
• The FTC Final Report: Protecting Consumer Privacy in an Era of Rapid Change
• Consumer Financial Protection Bureau Proposes New Rules for Mortgage Servicers
• Consumer Financial Protection Bureau Broadens Its Oversight to Include Certain Debt Collectors and Credit Reporting Agencies
• The Consumer Financial Protection Bureau Completes Its First Six Months – But Questions About Its Future Remain
• Court Holds That the Business Judgment Rule Does Not Apply to Protect the Decisions of Corporate Officers in California
• Do Not Let the Third Circuit’s Recent Decision in Liggon-Redding v. Estate of Robert Sugarman Scare You: An Alternative Method to Dispose of Meritless Legal Malpractice Actions Remains
• Supreme Court Clarifies That Loss Causation Is Not Required to Obtain Class Certification
• Recent Second Circuit Opinion Invalidates Class Action Waiver Provision in a Commercial Contract
• “The Small Bank Exemption to Dodd-Frank’s Swipe Fee Regulations: “Honor-All-Cards” Contractual Provisions May Not Protect Small Banks”
• “DOJ’s Antitrust Suit Against American Express Will Steer Profits to Merchants, But Won’t Help Consumers”
• Stephen Shapiro Offers Comment as Part of a News Report on Philadelphia’s “Naked Bike Ride”
• Third Circuit: A Class Action Waiver Presents an Issue of Arbitrability to be Decided by the Court, Not by an Arbitrator
• Schnader Attorneys Join the ACLU in Successfully Obtaining Protection of Students’ Privacy in Lower Merion School District Laptop Lawsuit
• The Third Circuit Clarifies the Robinson-Patman Act’s “Competing Purchaser” Requirement
• Third Circuit Requires Plaintiffs to Prove Causal Link and Breach of Duty in Deepening Insolvency Cases, part 1
• Stephen Shapiro Appointed to the Board of the American Red Cross of Chester County
• Proposed Consumer Financial Protection Agency Would Lead to Seachange in Regulatory System for Financial Services
• Ario v. Deloitte & Touche: Pennsylvania’s Commonwealth Court Re-Kindles Confusion About the ‘Deepening Insolvency’ Doctrine
• Schnader Names Seven New Partners
• Twelve Schnader Attorneys Named Pennsylvania Rising Stars

Community & Pro Bono

Pro Bono Matters:

• Obtained summary judgment on liability and then successfully settled a claim brought by a prisoner against a government agency that demolished his house (United States District Court for the Eastern District of Pennsylvania).
• Litigated and successfully settled claim on behalf of prisoner who was transferred to another institution in retaliation for practicing his religion (United States District Court for the Eastern District of Pennsylvania).
• Litigated and successfully settled deliberate indifference claim on behalf of prisoner who received inadequate medical care while imprisoned (United States District Court for the Eastern District of Pennsylvania).

Community Activities:

• Judge of Elections for Precinct 635, Tredyffrin Township, Pennsylvania (re-elected to a fourth four-year term in November 2021)

Representative Matters

Commercial Litigation

• Obtained summary judgment for out-of-possession commercial landlord in wrongful death action case where an employee of the landlord’s tenant was killed in a warehouse accident (Superior Court of New Jersey, Bergen County).
• Brought seven figure claim on behalf of Canadian investor for default on commercial loan agreement; successful settlement included transfer of ownership in corporate assets that secured loan (U.S. District Court for the Eastern District of Pennsylvania).
• On behalf of French manufacturer of consumer products, defended and successfully resolved dispute between client and service provider, including resolution of warehouseman’s lien (Superior Court of the State of Delaware).
• Brought and successfully resolved on behalf of client that consolidates insurance distribution businesses a declaratory judgment action to resolve a dispute about the interpretation of an earn-out provision in a merger contract (U.S. District Court for the District of Delaware).
• On behalf of a multi-national company in the packaging industry, defended and successfully settled claims alleging theft of trade secrets and breach of a distribution agreement (U.S. District Court for the Eastern District of Pennsylvania and American Arbitration Association).
• Initiated and successfully settled breach of contract and fraud claims on behalf of a purchaser of commercial mortgages against the current and former special servicer of a CMBS for failing to close on the sale of a multi-million dollar loan (U.S. District Court for the Eastern District of Pennsylvania).
• Brought trademark infringement action on behalf of pharmaceutical company and negotiated a settlement pursuant to which the defendant corporation agreed to change its name and stock symbol (United States District Court for the District of New Jersey).
• Successfully resolved ownership dispute between members of a Pennsylvania LLC (United States District Court for the Western District of Pennsylvania).
• Represented claimant who contended that defendant had breached an agreement to settle a patent infringement case. A panel of three neutral arbitrators issued an award of $72.5 million in favor of claimant (American Arbitration Association).
• Brought suit on behalf of corporate client against former officer and director for breach of fiduciary duty, misappropriation of assets and usurpation of corporate opportunities. Case successfully settled after first day of non-jury trial (Bucks County, Pa., Court of Common Pleas).
• Defended and successfully settled claims brought against software manufacturer in multiple jurisdictions for alleged product deficiencies.
• Defended and obtained voluntary dismissal of claims alleging that clients’ email marketing practices violated the New Jersey Consumer Fraud Act (Superior Court of New Jersey, Bergen County).

• Defended Third Party Administrator (TPA) for 340B Drug Pricing Program against third-party claims that a vendor hired by one of the TPA’s clients asserted against the TPA; successfully settled the case on the eve of trial (Caribou County Idaho District Court).

Aviation

Montreal Convention Cases:

• Obtained defense verdict in favor of a commercial airline after a four day jury trial in a suit brought by a passenger for injuries allegedly sustained on an international flight (U.S. District Court for the Eastern District of Pennsylvania.)
• Obtained summary judgment in favor of commercial airline in a case in which the plaintiff alleged that he was injured by an aircraft component during an international flight (United States District Court for the Eastern District of Pennsylvania).
• Defended and successfully resolved claims against commercial airline for the alleged loss of an irreplaceable item checked as baggage on an international flight (United States District Court for the Eastern District of Pennsylvania).
• Defended and successfully resolved claim against commercial airline for injuries, including traumatic brain injury, allegedly sustained by passenger during an encounter with severe turbulence (United States District Court for the Eastern District of Pennsylvania).

State Law Cases:

• Successfully resolved more than 100 claims by passengers on a commercial airline flight that made an emergency landing after it experienced an engine failure (multiple state and federal courts).
• Successfully resolved wrongful death and survival claims arising from crash of air ambulance (Court of Common Pleas of Philadelphia County).
• In a suit against a ground handler by an airport worker who alleged she was injured by exposure to a chemical that spilled during cargo loading, defeated motion to remand to state court where plaintiff attempted to destroy diversity jurisdiction by joining a non-diverse defendant; case successfully settled shortly thereafter (United States District Court for the Eastern District of Pennsylvania).
• Defended and successfully resolved claims against commercial airlines:

– by passenger who was removed from flight due to unruly conduct (Court of Common Pleas of Philadelphia County);

– for injuries and property damage arising from aborted take-off of commercial jet (pre-litigation and multiple courts);

– for injuries sustained by passengers who allegedly were struck by items during flight, including beverage carts, storage bins and luggage (various courts);

– for injuries sustained by passenger who allegedly fell while deplaning via air stairs (United States District Court for the Eastern District of Pennsylvania).

First Amendment & Media Law

• On behalf of two newspapers, obtained an injunction requiring the Pennsylvania Department of Corrections to make the entirety of lethal injection executions visible and audible to the members of the public and the press selected to witness them. The court found, as a matter of first impression in the Third Circuit, that the public and press have a First Amendment right to witness the entirety of executions. Under a subsequent settlement agreement, the Department of Corrections revised its policies to permit witnesses to see and hear executions in their entirety (U.S. District Court for the Middle District of Pennsylvania).
• Successfully challenged transit system’s refusal to run advertisements submitted by atheist group; appellate court reversed trial court’s entry of judgment in favor of transit system after bench trial (U.S. District Court for the Middle District of Pennsylvania and Court of Appeals for the Third Circuit).
• Obtained summary judgment for local affiliate of national television network in lawsuit alleging that an investigative news report broadcast by the affiliate defamed plaintiff (Philadelphia County, Pa., Court of Common Pleas).

Related Events

• Are You in the Right Court? Recent Developments in Personal Jurisdiction and Pre-Service Removals
• University Speech: Not Always “Free”
• Schnader Hosted University Speech: Not Always “Free”
• Webinar: Effective Loan Documentation for Lenders: How to Deter and Prevent Litigation through Proven Loan Documentation Safeguards