Robert M. Palumbos

Partner

  • Robert M. Palumbos
  • Phone: +1 215 979 1111

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  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Robert M. Palumbos is chair of the Appellate division of Duane Morris' Trial Practice Group and a member of the firm's governing Partners Board. Mr. Palumbos has a proven track record in 200 appeals of preserving trial court victories and reversing trial court losses. He has briefed and argued appeals in federal and state courts throughout the United States, including the U.S. Supreme Court, 12 federal courts of appeal, and the Supreme Courts of five states. His appellate work covers nearly every subject matter, including commercial and corporate governance disputes, administrative agency law, products liability, and constitutional issues.

Because the best way to win on appeal is to win first in the trial court, Mr. Palumbos works extensively with clients to position them for victory at the trial level. He advises on legal strategy and critical motions at all stages of trial court litigation. Mr. Palumbos also supports trial teams during the trial itself to ensure that issues are properly preserved and framed for appeal.

Mr. Palumbos is a member of the American Law Institute and Chambers-rated in Band 1 for Pennsylvania Appellate Litigation. He served on the Pennsylvania Supreme Court's Appellate Court Procedural Rules Committee from 2015 to 2021, including as the Committee’s vice chair from 2017 to 2021. Mr. Palumbos is an adjunct professor of appellate advocacy at the University of Pennsylvania Law School, a member of the State Litigation Advisory Committee of the United States Chamber of Commerce Litigation Center, and a member of the Pennsylvania Bar Association’s Amicus Curiae Brief Committee. He is also the former co-chair of the Philadelphia Bar Association's Appellate Courts Committee.

Before entering private practice, Mr. Palumbos was a judicial clerk to the Honorable Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit. Mr. Palumbos is a 2005 magna cum laude graduate of the University of Pennsylvania Law School and former editor of the University of Pennsylvania Law Review. He is also a graduate of Johns Hopkins University (M.A., B.A.), where he was elected to Phi Beta Kappa.

Representative Matters

    Representative Appeals

  • SARN SD3, LLC v. Czechoslovak Grp. A.S., 326 A.3d 1170 (Del. 2024): Preserved a multimillion-dollar victory for breach of an option contract, in a decision that clarified an important point of Delaware law relating to the application of a contractual valuation mechanism. (Oral argument recording.)

  • Pritt v. John Crane Inc., 2024 WL 2106654 (1st Cir. 2024): Eliminated millions of dollars in potential exposure for punitive and non-economic damages in a products liability case by defeating an interlocutory appeal under maritime law just before trial. (Oral argument recording.)

  • Freilich v. Southeastern Pennsylvania Transportation Authority, 2023 WL 4370703 (Pa. Commw. Ct. 2023), appeal granted, 314 A.3d 821 (Pa. 2024): Defended the statutory damages cap applicable to claims against Commonwealth of Pennsylvania from constitutional challenges based on the right to a remedy and the right to a jury trial. (Oral argument recording.)

  • In re America-CV Station Group, Inc., 56 F.4th 1302 (11th Cir. 2023): Obtained a reversal on behalf of three equity interest holders who were improperly stripped of their $65 million equity investment in the debtor companies during bankruptcy. (Oral argument recording.)

  • George E. Warren LLC v. Colonial Pipeline Co., 50 F.4th 391 (3d Cir. 2022): Represented a joint venture between Magellan Midstream Partners and Colonial Pipeline in a “bet the company” case in which the court approved of butane blending in the Colonial Pipeline under the filed-rate doctrine, setting an important precedent for regulated energy clients. (Oral argument recording.)

  • Ammex, Inc. v. McDowell, 24 F.4th 1072 (6th Cir. 2022); Ammex, Inc. v. Wenk, 936 F.3d 355 (6th Cir. 2019): Represented a duty-free store selling gasoline in two appeals dealing with complex constitutional and statutory issues relating to the interplay among the Commerce Clause, the Clean Air Act, and federal regulation of duty-free stores. (Oral argument recording.)

  • Golden Fortune Import & Export Corp v. Mei-Xin Limited, 2022 WL 3536494 (3d Cir. 2022): Reversed a preliminary injunction under the New Jersey Franchise Practices Act that precluded the client, a renowned mooncake manufacturer, from terminating a distribution agreement.

  • BBB Indus., LLC. v. Cardone Indus., Inc., 2022 WL 1088247 (Pa. Super. Ct. 2022): Preserved summary judgment granted to an auto parts manufacturer in a misappropriation of trade secrets case involving a novel legal issue about the evidence required to establish damages where an alleged trade secret was used in a competitive bidding context.

  • In re Processed Egg Prod. Antitrust Litig., 850 F. App’x 142 (3d Cir. 2021), 962 F.3d 719 (3d Cir. 2020): Successfully preserved two defense verdicts finding that Rose Acre Farms, one of the largest egg producers in the country, had not conspired to reduce the supply of eggs and inflate prices in violation of Section 1 of the Sherman Act.

  • Karagozian v. USV Optical, Inc., 238 A.3d 716 (Conn. 2020): Affirmed the dismissal of a constructive discharge claim in a decision that clarified the legal standard for such claims under Connecticut law. (Oral argument recording.)

  • Fulano v. Fanjul Corp., 236 A.3d 1 (Pa. Super. Ct. 2020): Obtained dismissal of an out-of-state seller for lack of personal jurisdiction in a products liability case, in a decision that rejected the use of alter ego and stream of commerce theories of jurisdiction.

  • Coba v. Ford Motor Co., 932 F.3d 114 (3d Cir. 2019): Affirmed summary judgment on breach of warranty and consumer fraud claims in a products liability case that favorably resolved two legal issues of first impression.

  • Hanaway v. The Parkesburg Group, LP, 168 A.3d 146 (Pa. 2017): Obtained the reversal of an intermediate appellate court decision and the affirmance of summary judgment in a case establishing that the implied covenant of good faith and fair dealing does not apply to limited partnership agreements subject to Pennsylvania’s Revised Uniform Limited Partnership Act.

  • Buttaccio v. Am. Premier Underwriters, Inc., 175 A.3d 311 (Pa. Super. Ct. 2017): Reversed an adverse jury verdict and obtained a new trial on behalf of railroads subject to repetitive stress injury claims based on evidentiary errors at trial.

  • Collegesource, Inc. v. AcademyOne, Inc., 709 F. App’x 440 (9th Cir. 2017), 597 F. App’x 116 (3d Cir. 2015): Obtained an affirmance of summary judgment granted on novel legal issues in the Third Circuit relating to copyright preemption, RICO, the Computer Fraud and Abuse Act, and the Lanham Act, and then affirmed the dismissal of a parallel case in the Ninth Circuit based on the preclusive effect of the Third Circuit judgment.

  • Delrio-Mocci v. Connolly Properties, Inc., 672 F.3d 241 (3d Cir. 2012): Affirmed the dismissal of a RICO claim in a decision holding that property owners do not violate the Immigration and Naturalization Act by knowingly renting apartments to undocumented aliens.

  • Cash America Net of Nevada, LLC v. Pa. Dep’t. of Banking, 8 A.3d 282 (Pa. 2010); Pa. Dep’t of Banking v. NCAS of Delaware, LLC, 948 A.2d 752 (Pa. 2008): Represented the Pennsylvania Department of Banking in two groundbreaking enforcement actions to enjoin illegal payday lending at approximately 100 stores across Pennsylvania, and by a Nevada-based Internet lender.

  • U.S. Chamber of Commerce: Regularly represent the United States Chamber of Commerce as amicus curiae in the Pennsylvania and Delaware Supreme Courts on a wide range of issues affecting businesses.

Professional Activities

  • American Law Institute
    - Member (2023-present)

  • United States Chamber of Commerce Litigation Center
     - State Litigation Advisory Committee (2022-present)

  • University of Pennsylvania Law School
    - Lecturer in Law (2017-present)
    - Adjunct Professor of Appellate Advocacy (2017-2018) 

  • Pennsylvania Supreme Court's Appellate Court Procedural Rules Committee
    - Vice Chair (2017-2021)
    - Member (2015-2021)

  • Pennsylvania Bar Association's Business Law Institute
    - Course Planner (2014-2018)

  • American Inn of Court, University of Pennsylvania Law School (2009-2012)

  • Bar Association of the Third Federal Circuit (2010-present)

  • American Bar Association
    - Council of Appellate Lawyers, Appellate Judges Conference (2012-present)

  • Philadelphia Bar Association
    - Appellate Courts Committee (2011-present)
    - Co-Chair of Appellate Courts Committee (2018)

  • Pennsylvania Bar Association
    - Appellate Advocacy Committee (2011-2016, 2018-present)
    - Member of Amicus Curiae Brief Committee (2018-present)

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2024

  • Listed in The Best Lawyers in America, 2023 and 2024
  • Named to the Philadelphia Business Journal's "Best of the Bar" for Business Litigation, 2023
  • 2014 Lawyers on the Fast Track by The Legal Intelligencer
  • Listed in Pennsylvania Rising Stars

Experience

  • Duane Morris LLP
    - Partner, 2014-present
    - Associate, 2006-2013
  • U.S. Court of Appeals for the Third Circuit
    - Judicial Clerk to the Honorable Marjorie O. Rendell, 2006

Education

  • University of Pennsylvania Carey Law School, J.D., magna cum laude, 2005
    - Associate Editor, Senior Editor, University of Pennsylvania Law Review
    - Order of the Coif
  • The Johns Hopkins University, M.A., 1999
  • The Johns Hopkins University, B.A., 1999
    - Phi Beta Kappa
    - University Honors

Civic and Charitable Activities

  • Board, LIFT–Philadelphia, 2014-2015

  • Board, Business Leadership Organized for Catholic Schools, 2017-2021

  • Chair of Development Committee, Friends School Haverford, 2017-2019

Admissions

  • Pennsylvania
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin

Selected Publications

  • Contributor, Duane Morris Appellate Review Blog
  • Quoted, "Regulatory Compliance in a Post-Chevron World: Fasten Your Seatbelts,"  Corporate Compliance Insights, July 16, 2024
  • Co-author, "U.S. Supreme Court Ends Chevron Deference," Duane Morris Alert, June 28, 2024
  • Co-author, "Consent or Not Consent? U.S. Supreme Court Hears Oral Arguments on Constitutionality of Consent-by-Registration Statutes," Duane Morris Alert, November 11, 2022
  • Co-author, "Registering to Do Business in Pennsylvania Does Not Confer General Jurisdiction Over Foreign Corporations," Duane Morris Alert, December 23, 2021

  • Mentioned in "Egg Producer Fights 3rd Circ. Appeal After Antitrust Verdict," Law360, September 13, 2019

  • Quoted in "Sunoco Emissions Must Be Regulated In Toto, Pa. Court Told," Law360, September 9, 2019

  • Mentioned in "6th Circ. Won't Block Mich. Enforcement Of Gasoline Regs," Law360, August 21, 2019

  • Mentioned in "Ford Fuel Tank Defect Suit Is A Non-Starter, 3rd Circ. Finds," Law360, July 8, 2019

  • Mentioned in "Class Action Over Ford Truck Fuel Tanks Rightly Dismissed, 3rd Circuit Rules," The Legal Intelligencer, July 8, 2019

  • Mentioned in "3rd Circ. Releases Cemetery Co. From Stock-Drop Claims," Law360, June 20, 2019

  • Co-author, "Supreme Court Rejects Bare-Metal Defense in Products Liability Cases Under Maritime Law," Duane Morris Alert, March 21, 2019

  •  Mentioned in "Court Rejects Optician’s Constructive Discharge Claim," Connecticut Law Tribune, January 8, 2019

  • Mentioned in "Pa. Court Denies Asbestos Case Against Ford, Advance Auto," Law360, July 24, 2018

  • Quoted in "Limit on Whistleblower Damages Mandated by Pa.’s Sovereign Immunity, Gov’t Lawyers Argue," The Legal Intelligencer, November 29, 2017

  • Mentioned in "Railroads Get New Trial After Occupational Injury Verdict," Law360, November 16, 2017

  • Quoted in "Justices: No Good-Faith Duty in Pre-Act 170 Limited Partnership Agreements," The Legal Intelligencer, August 25, 2017
  • Quoted in "Pa. Limited Partners Can't Rely On Pre-2017 Good-Faith," Law360, August 22, 2017
  • Mentioned in "Sheller Urges Justices To OK Standing In FDA Risperdal Row," Law360, March 17, 2017
  • Mentioned in "Pa. Justices Snub Developer's $15M Arbitration Award Appeal," Law360, December 22, 2016
  • Mentioned in "Third Circuit Affirms Interest On NFLer's Island-Buy Restitution," Law360, September 7, 2016
  • Co-Author and Course Planner, Advanced Issues in Civil Practice and Procedure in Pennsylvania Courts, Pennsylvania Bar Institute, Publication No. 2015-8892 (2015)
  • Mentioned in "Investor Asks 11th Circuit To Revive Sino-Forest Loss Suit," Law360, June 9, 2015
  • Mentioned in "FDA Accused Of Helping J&J Cover Up Risperdal Data," Law360, January 30, 2015
  • Quoted in "Developers win big in Pa. Supreme Court ruling," Philadelphia Business Journal, September 24, 2014
  • Co-Author and Course Planner, Advanced Issues in Civil Practice and Procedure: Judicial Review, Pennsylvania Bar Institute, Publication No. 2013-7853 (2013)
  • Co-author, "Expert Evidence in the Third Circuit," Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom, Monograph No. 9 (2013), No. 8 (2008)
  • Mentioned in "CollegeSource's IP, Contract Suit Against Rival Tossed," Law360, October 29, 2012
  • Co-author, "Antitrust Class Action Settlements," in Antitrust Class Actions Handbook, American Bar Association, 2010
  • Co-author, "Unique Aspects of Appellate Practice in the Third Circuit," A Practitioner's Guide to Appellate Advocacy, American Bar Association, 2010
  • Co-author, Indirect Purchaser Lawsuits: A State-by-State Survey, American Bar Association, 2010
  • Co-author, "Supreme Court Confirms Application of Twombly to All Civil Cases," Duane Morris Alert, May 21, 2009
  • Comment, Within Each Lawyer's Conscience a Touchstone: Law, Morality, and Attorney Civil Disobedience, 153 U. Pa. L. Rev. 1057 (2005)

Selected Speaking Engagements

  • Speaker, “Issue Preservation at Trial: Don't Lose Your Chance to Challenge,” ALI CLE Webinar, October 31, 2023

  • Speaker, “Should I Stay or Should I Go: Strategies for Litigating in a More Favorable Forum,” Association of Corporate Counsel of Greater Philadelphia, May 4, 2022

  • Speaker, “Jury Instructions and Verdict Forms,” Duane Morris LLC In-House CLE Program, March 17, 2022

  • Speaker, “Error Preservation Strategy and Post-Trial Motions,” National Business Institute, December 16, 2021

  • Speaker, "Long Story Short: Key Practices for Structuring and Writing Persuasive Briefs," ALI CLE Webinar, September 13, 2021
  • Speaker, "New Issues and Case Law Related to 'Forum Non-Conveniens,'" Pennsylvania Defense Institute, Webinar, August 24, 2021

  • Speaker, "Long Story Short: Key Practices for Structuring and Writing Persuasive Briefs," American Law Institute, Philadelphia, January 25, 2019

  • Speaker, "Persuasive Legal Writing," Duane Morris LLC In-House CLE Program, January 24, 2019

  • Moderator, "Am I in the Right Place? Tips on Whether to Appeal to the Pennsylvania Superior Court and/or Commonwealth Court," Philadelphia Bar Association, November 7, 2018

  • Panelist, "U.S. Supreme Court Roundup, 2017-18 Term," Pennsylvania Bar Institute, August 14, 2018

  • Speaker, "Writing to Persuade," Duane Morris LLP In-House CLE Program, October 6, 2017

  • Speaker, "Strategies for Issue Preservation," Duane Morris LLP In-House CLE Program, December 9, 2016
  • Speaker, "Long Story Short: Key Practices for Structuring and Writing Persuasive Briefs," American Law Institute, Philadelphia, December 8, 2016
  • Moderator and Speaker, "Advanced Issues in Civil Practice and Procedure in Pennsylvania Courts," Pennsylvania Bar Institute, Philadelphia, August 14, 2015
  • Speaker, "Legal Writing for the 21st Century," Pennsylvania Bar Association Civil Litigation Section Retreat, April 17-19, 2015
  • Speaker, "Writing to Win," Duane Morris LLP In-House CLE Program, January 16, 2015
  • Speaker, "The Rules of Evidence: A Practical Toolkit," National Business Institute, December 12, 2014
  • Speaker, "Remedies Under Pennsylvania Law for Minority Shareholders Claiming Oppression," Pennsylvania Bar Institute, Philadelphia, November 13, 2014
  • Speaker, "Fiduciary Duties in the Era of Benefit Corporations and Hobby Lobby," Pennsylvania Bar Institute, Philadelphia, November 12, 2014
  • Speaker, "Legal Writing in the 21st Century," Pennsylvania Bar Institute, Mechanicsburg and Philadelphia, October 15 and 28, 2014
  • Speaker, "Justiciability Doctrines," Pennsylvania Bar Institute, Philadelphia and Pittsburgh, August 15 and 29, 2013
  • Speaker, "Records Retention for Manufacturers: Building a Successful Program," Association of Corporate Counsel, Webcast, May 22, 2012

Appellate Support in Trial

  • Commercial litigation: Serving as embedded appellate counsel and advising on strategic motions for clients such as Freedom Mortgage, Gopuff, and Magellan Pipeline.
  • Medical Malpractice: Appellate counsel in high stakes medical malpractice actions brought against Temple University Hospital, a critical provider of health services in Philadelphia. In 2024, our team helped vacate a $45 million verdict against the hospital in post-trial proceedings.
  • Motor vehicle liability: Supporting trial teams for manufacturers and vehicle lessors in crashworthiness, products liability, and personal injury cases. Clients include Ford Motor Company, Honda, Tesla, and Penske.
  • Medical device litigation: Represented Wright Medical Technology in federal and state appeals from MDL involving hip replacement components.
  • Asbestos litigation: Embedded appellate counsel for John Crane and Ford Motor Company in asbestos cases under the laws of Pennsylvania, New Jersey, Delaware, and federal maritime law.