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Patrick R. Kingsley | Partner
 
Co-Chair, Construction
 

CONTACT INFORMATION

215.564.8029
pkingsley@stradley.com
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  Office(s):
Philadelphia, PA

Patrick Kingsley has tried more than 40 cases involving diverse legal claims and fact patterns in several different forums across the country. As a trial lawyer, he has tried both jury and non-jury cases and has represented clients in arbitrations, mediations and hearings before administrative law judges and referees. Mr. Kingsley handles a wide variety of complex commercial disputes. He serves as an adjunct professor at Rutgers University School of Law, instructing students on trial advocacy skills.

Specifically, Mr. Kingsley represents clients in the areas of:

  • Construction and Surety Litigation – representing owners, contractors, subcontractors, design professionals, sureties and building product suppliers in construction disputes involving claims for delay, unforeseen site conditions, poor workmanship, defective materials, design errors, liquidated damages, mechanics’ liens, change orders, lost productivity, bid protests, warranty claims, performance bond claims, payment bond claims and indemnity claims. Mr. Kingsley’s recent experience includes:

    - securing the dismissal of a surety from a multi-million dollar suit and assisting the principal in obtaining a $36 million verdict for wrongful discharge

    - in a case of first impression, persuading a court that a no-damage-for-delay provision necessarily defeated joinder claims against a contractor, a surety and an engineer, brought in on an indemnity theory

    - defending claims related to a catastrophic accident at the Kingdom Center Project, the largest building ever built in Saudi Arabia

    - obtaining a $3.1 million judgment on an indemnity claim brought by a surety against its indemnitors

    - convincing a federal court in New Jersey that a surety cannot be liable under state law for the bad faith denial of a bond claim

  • Health Care Liability – defending skilled nursing homes, assisted-living facilities, independent-living facilities, personal-care homes and senior living apartments against claims of alleged abuse and neglect. Kingsley has successfully handled cases involving ulcers, weight loss, contractures, infection, fractures, falls, elopement, contusions, medication errors, dehydration, deprivation of rights, malnutrition and wrongful death, as well as claims involving alleged under-funding, under-staffing and non-adherence to care plans.

  • Products Liability and Toxic Tort – defending numerous products liability cases including pharmaceutical products, industrial equipment, chain saws, motorcycle helmets, conveyor belts, cosmetics, laminators, shot peening machines, refractories, windows, insulation, electric generators, wheels, tires and turbines. Mr. Kingsley has also defended a variety of sophisticated toxic tort cases involving alleged exposures to electro-magnetic fields, mold, coal tar pitch, benzene, silica, metal dust, alumina, asbestos, tobacco and radiation. Mr. Kingsley recently succeeded in transferring a toxic tort case out of Madison County, Ill., on forum non conveniens grounds.

  • Banking and Lender Liability – representing banks in virtually every type of litigation. In a case of first impression in Pennsylvania, Mr. Kingsley recently obtained the dismissal of a claim brought under the UCC for wrongful dishonor of a check due to lack of standing. Mr. Kingsley routinely defends mortgage companies against claims relating to the Truth in Lending Act (TILA), the Home Ownership and Equity Protection Act of 1994 (HOEPA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Extension and Uniformity Act (FCEUA), state unfair trade practices and consumer protection laws, the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the state and federal Fair Housing Acts (FHA), the Equal Credit Opportunity Act (ECOA), title insurance claims, title disputes, repurchase demands and mortgage satisfaction claims.

  • Securities Litigation – defending financial institutions and broker dealers against claims of fraud, churning, unauthorized trading and unsuitability, both in courts and before NASD arbitration panels. Recent victories include:

    - the complete dismissal of a financial consultant from a $75 million RICO action

    - obtaining an $800,000 award from an NASD panel on an unfair competition claim for the “raiding” of one broker-dealer’s office by another

  • Insurance and Reinsurance – representing insurers in a variety of claims, including coverage disputes, bad faith claims, claims involving program managers, third-party administrators, managing general agents and reinsurance claims. Recent experience includes:

    - obtaining a jury verdict in favor of a general agent against a broker for the return of commissions relating to a canceled “key” employee policy

    - securing an $8.1 million award in favor of an insurer for retro-premiums past due

    - prosecuting several multi-million dollar claims against program managers and managing general agents who failed or refused to remit premiums

    - obtaining a multi-million dollar award in favor of an insurer against its reinsurer as part of a multi-firm trial team

  • Other Litigation – The breadth of Mr. Kingsley’s experience is extensive and includes:

    - defending a fledgling industrial minerals supplier in a two-week long injunction hearing involving claims of theft of industrial trade secrets brought by a competitor

    - numerous landlord/tenant actions, including both commercial and residential properties

    - several unemployment compensation claims for a major utility company

    - defending local municipalities in police brutality and § 1983 cases

    - defending property owners from the exercise of eminent domain

    - prosecuting actions for spousal support and alimony

SIGNIFICANT DECISIONS

Construction/Surety

Securities/Banking

Products Liability/Personal Injury

Employment

Insurance

Eminent Domain

Commercial Litigation

 
PRACTICE AREAS
Construction
Securities Litigation & Enforcement
Banking & Financial Services
Mortgage & Lending Litigation
Litigation
Intellectual Property Litigation
Insurance
Health Care
Fidelity & Surety
Environmental
Alternative Dispute Resolution
 
BAR ADMISSIONS
Pennsylvania
New York
 
COURT ADMISSIONS
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
U.S. District Court for the Northern District of Illinois
U.S. District Court for the District of Arizona
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Ninth Circuit
Pennsylvania Supreme Court
New York State Court of Appeals
 
EDUCATION
J.D., magna cum laude, University of Pittsburgh School of Law, 1991
B.A., magna cum laude, University of Pittsburgh, 1988
 
MEMBERSHIPS
Medical Liability and Fidelity & Surety Committees, Defense Research Institute
National Bond Claims Association
Chair, DRI Fidelity Surety Law Expert Witness Subcommittee
Surety Claims Institute
American Bar Association, Tort Trial & Insurance Practice Section
 
PUBLICATIONS
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