Norman Perlberger

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Norman Perlberger - "The lawyer's lawyer", so was Norman Perlberger dubbed by the late Darryl Sittler, Philadelphia Inquirer reporter, when his feature article appeared in the Sunday paper on New Year's Day. Always on the cutting edge of litigation, his cases have blazed new trails in every area of law in which he has practiced.

Cited as one of the "Best Lawyers in America" and among the "Super Lawyers" in Pennsylvania, Norman lives up to his published reputation as "razor-sharp in the courtroom", "tenacious advocate for his clients", "consummate negotiator" and "skilled mediator" of legal disputes. His opposition has, out of respect for his talents, often referred clients to him and out-of-county judges have been known to come off the Bench to shake his hand or make mention of his skill and reputation in open court. His legal books are on the shelves of judges and attorneys alike and his lectures and seminars are attended by hundreds of practitioners, earning him a national award for the best seminar materials. A long-time professor in several colleges and universities, his students have gone on to the legal profession influenced by his teaching and refer their difficult or conflict cases to him.

While he is best know as one of the "deans of the Family Law Bar", as he has been called, and as one of the pioneers in toxic tort litigation appointed to national oversight and bankruptcy committees, he has testified in congressional hearings, appointed by governments to draft legislation and drafted reform laws. Besides, his litigation efforts, Norman also has served as corporate advisor to corporations and medical staffs of hospitals to assist them in quality control, preventative law and education on risks and consequences of practices, procedures and defense strategies.

Norman Perlberger began his legal training during law school, clerking for the late James E. Beasley, perhaps Pennsylvania's foremost personal injury, malpractice and products liability attorney who ever practiced. There, he applied his legal education to research and prepare for trial, "second chair" and write appellate briefs for some of the landmark cases of the early 1970's. He then clerked for the legendary Judge Sydney Hoffman of the Superior Court of Pennsylvania, working on hundreds of cases that spanned the full breadth of the law.

After his clerkships, Norman joined the nationally-known firm of Blank Rome Comisky & McCauley, where he made partner in 1981 and voted to the management committee where along with a handful of partners ran the firm until he left to start his own firm, Perlberger Law Associates, P.C., comprised of 28 attorneys and support staff in Bala Cynwyd, Pennsylvania.

Wanting to associate with an experienced senior litigator whose firm had handled, won or settled multi-million dollar cases, Perlberger approached an old friend and colleague, Gerald J. Pomerantz who brought him in to handle major real estate litigation in a federal case in New Haven, Connecticut. That case, the actual terms of settlement being under seal, resulted in a seven-figure verdict and pre-appeal settlement for the four plaintiffs against the Connecticut real estate developer. From there, they formed their present partnership, Pomerantz & Perlberger, LLP, who along with Eliot H. Lewis combined their more than 100 years of experience in complex, catastrophic and major civil and criminal litigation.

LITIGATION RESULTS

Million Dollar Verdicts and/or Settlements (ranging from One-Ten Million):

Several plaintiff's asbestos cases in federal state courts, including awards for punitive damages.

Real Estate/Commercial Cases: Settlement of claims on eve of trial against bank for truth-in-lending and construction load violations affecting several Florida developers; contractual arbitration followed by settlement of a trademark infringement case; verdict followed by sealed settlement against a real estate developer by former executives terminated from employment; class action settlement against banks failing to pay interest on escrowed funds.

Medical malpractice cases: Verdict against hospital and attending physician for family of a 24-year old anorexic whose condition was not properly monitored by area hospital, resulting in her being at institution in a vegetative state; verdict against hospital and vascular surgeon who failed to diagnose blood clot formed at site of injection, resulting in loss of leg in a brain-damaged child; verdict in favor of widow of woman who died from hemorrhaging caused by negligent abortion in city clinic.

Pharmaceutical cases: Verdict against birth control pill manufacturer for failure to provide adequate warnings of stroke in smoking females; verdict in death case resulting from failure to warn of risks associated with prescription in the face of other medication.

The following are decisions where Mr. Perlberger was trial and/or appellate counsel, many of which became the landmark and foundation cases for future related litigation:

United States Supreme Court:
Cort v. Ash, 422 U.S. 66, 78 (1975) (securities fraud/class action)

Third Circuit Court of Appeals:
Van Buskirk v. Carey Canadian Mines, 760 F.2d 481 (3d Cir. 1985) (asbestos litigation)
Feder v. Evans-Feder, 63 F.3d 217 (3d Cir. 1995) (international custody/Hague Convention)
Anex Fountain Sales, Inc. v. Kleinfeld, 27 F.3d 931 (3d Cir. 1994) (trademark infringement)
Robertson v. Allied Signal, Inc., 914 F.2d 360 (3d Cir. 1990) (product liability)
Wisniewski v. Johns-Manville Corp., 812 F.2d 81 (3d Cir. 1987) ( asbestos litigation)
Heilman v. U.S., 731 F.2d 1104 (3d Cir. 1984) (radiation-induced myeloma)
Skill v. Martinez, 677 F.2d 368 (3d Cir. 1982) ( pharmaceutical liability)
Chuy v. Philadelphia Eagles Football Club, 595 F.2d 1265 (3d Cir. 1979) ( infliction of emotional distress & libel)

Pennsylvania Supreme Court
Overmont Corp. v. Board of Revision of Texas, 388 A.2d 311 (PA 1978) (tax exemption)
Office of Disciplinary Counsel v. Walker, 366 A.2d 563 (PA 1976) ( disciplinary appeal)
In re Glazier, 355 A.2d 350 (PA 1975) (election petition appeal)

Pennsylvania Superior / Commonwealth Courts:
Velazquez v. Gupta, 660 A.2d 645 ( Pa. Super. 1995) ( medical malpractice)
Doe v. Johns-Manville Corp., 471 A.2d 1252 ( Pa. Super. 1984) ( medical monitoring class)
Commonwealth ex. Rel. Weiser v. Weiser, 374 A.2d 715) ( Pa. Super. 1977) (spousal support)
Kreis v. Kreis, 359 A.2d 905 ( Pa. Super. 1976) (child custody)
Philadelphia v. Sterling Metalware, 410 A.2d 90 ( Pa. Cmwlth. 1980) (eminent domain)
Gwinn v. Kane, 339 A.2d 838 (Pa. Cmwlth. 1975) (white collar crime)

Federal Trial Court Reported Decisions:
Swartzbauer v. Lead Industries Ass'n, Inc., 794 F.Supp. 142 (E.D.Pa. 1992) (lead paint)
In re. The Worker Asbestos Litigation, 1991 WL 152606 (E.D.Pa.) (asbestos class)
Catasauqua Area School Dist. V. Eagle-Picher, 1988 WL 102689 (toxic tort/property damage)
Miller v. Brown & Williamson Tobacco Corp., 679 F.Supp. 485 (E.D.Pa. 1988) (tobacco suit)

Mr. Perlberger's books have also been cited in 34 appellate decisions in state and federal courts.