Kevin F. Berry

Representative Matters

• Represented a national real estate broker in collecting $500,000 of unpaid commissions in connection with the lease of a property.
• Defended a commercial real estate appraisal firm in an $8 million malpractice claim.
• Obtained a decision granting a Rule 11 motion for sanctions against the defendants and their counsel in a shareholder dispute. The U.S. District Court for the Western District of New York determined that sanctions were warranted because a motion for sanctions previously filed by the defendants was utterly without support.
• Collected $1.6 billion in disputed reinsurance claims on behalf of a domestic carrier for losses stemming from the World Trade Center attack on September 11, 2001.
• Defended an insurance company in a $150 million commercial claim involving an insurance product used to support the financing of independent motion pictures.
• Secured a $10.2 million verdict against a municipality for civil rights violations on behalf of a real estate developer.
• Secured a $1.9 million verdict on behalf of a product designer against a Fortune 500 company for breach of oral contract.
• Secured a $1 million verdict on behalf of a franchisee in a dispute with the franchisor and another franchisee involving breach of contract, fraud and breach of fiduciary duties.
• Secured a $500,000 verdict against a Fortune 50 company on behalf of a local heavy equipment distributor.
• Assisted in the workout of a $100 million loan portfolio, including the collection of more than $36 million in loan losses at a cost of 4 cents per dollar.
• Defended banks and financial creditors in lender liability cases involving environmental damage claims and cleanup claims asserted under CERCLA and state environmental statutes.
• Evaluated environmental claim exposure (cleanup and damage claim exposure) in insurance and reinsurance coverage settings.
• Defended clients in more than 80 matters involving product liability, premise liability, contract disputes and maritime claims.
• Closed 15 acquisitions for a client in execution of an expansion plan that transformed the client into a regional industry leader.

Recognition

Martindale-Hubbell AV® Preeminent™ Rated since first rating
Pennsylvania Super Lawyers, 2004-2005, 2015-2019
Martindale-Hubbell Top Rated Lawyer in Commercial Litigation, 2013
Burn Foundation Roland Kandle Award for Outstanding Volunteerism, 2011
Fellow of Litigation Counsel of America Charter Member, Institute of Trial Presentation
Barrister, Order of Centurions