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Phelps, Luz Eliana

Name:Phelps, Luz Eliana
Practice In: Bankruptcy & Debt ,Bankruptcy ,Reorganization
Location:24630 Washington Avenue, Suite #102
Murrieta, CA 92562
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Fax: (951) 973-7331
 

Chuck is a renowned, respected, and talented appellate attorney with significant experience as a trial attorney. He devotes all of his professional practice to assisting clients and trial counsel across an extensive spectrum of federal and state cases. His services include the development and implementation of case strategy; the prosecution and defense of motions for dismissal, summary judgment, other dispositive and strategic pre-trial motions; providing assistance as appellate counsel on trial teams; and handling all phases of post-trial motions and appeals.

Throughout his 34-year career, initially as a trial attorney and later as appellate counsel, Chuck has been involved in the defense of hundreds of cases involving wide-ranging matters including motor vehicle accidents, construction projects, premises liability, liquor liability, medical and other professional liability claims, product liability, aviation accidents, employment and other discrimination actions, workers' compensation, and insurance coverage.

In addition to founding and leading our firm's Appellate Advocacy Practice Group for more than 26 years, Chuck has been an active and leading member of several national, state, and local appellate entities including:

  • the prestigious American Academy of Appellate Lawyers (one of seven Pennsylvania members);
  • the Bar Association of the Third Federal Judicial Circuit (Founding Steering Committee and Executive Committee member);
  • the Council of Appellate Lawyers of the Appellate Judges Conference of the American Bar Association's Judicial Division (Executive, Rules, and Awards Committees);
  • the Defense Research Institute's Appellate Advocacy Committee (Steering and Seminar Committees, Third Circuit Reporter);
  • the Pennsylvania Bar Association's Appellate Advocacy Committee (founding Co-Chair);
  • the Pennsylvania Defense Institute's Appellate Advocacy Committee (founding Chair);
  • the Appellate Advocacy Committee of the American Bar Association's Tort Trial and Insurance Practice Section (Vice Chair, Newsletter Editor); and
  • the Philadelphia Bar Association's Appellate Courts Committee.
  • Chuck was instrumental in founding and developing our firm's newsletter Defense Digest. He served as that publication's editor until 2002 and continues to contribute articles dealing with a variety of litigation topics.

    Chuck is a 1969 graduate of St. Joseph's College (now St. Joseph's University) and a 1973 graduate of Temple University School of Law (now Temple's Beasley School of Law). He began his uninterrupted career with our firm as a law clerk in 1971.

    Significant Representative Matters

  • In addition to numerous unpublished appellate victories and successes, the following published cases represent some of the appellate achievements secured for clients over the years:

  • Secured judgment for life insurance agent accused of directing applicant to provide false and misleading answers about current and past medical history in Northwestern Mutual Life Ins. Co. v. Babayan, 430 F.3d 121 (3rd Cir. 2005).

  • Obtained judgment for water company whose reservoirs overflowed and flooded down stream properties during a hurricane notwithstanding the adverse verdict imposed by the trial judge and affirmed by the intermediate appellate court in Shamnoski v. PG Energy, 858 A.2d 589 (Pa. 2004).

  • Sustained judgment as a matter of law in favor of tennis club accused of negligence for not having defibrillator available for response to heart attack sustained by a club member on one of its tennis courts in Atcovitz v. Gulph Mills Tennis Club, 571 Pa. 580, 812 A.2d 1218 (2002).

  • Achieved milestone victory for insurer and viability of exclusion against public policy attacks in Burstein v. Prudential Prop. & Cas. Ins. Co., 570 Pa. 177, 809 A.2d 204 (2002).

  • Achieved judgment for and pioneering limitation of liability on the part of local municipalities for traffic accidents at intersections between local and state roadways in Starr v. Veneziano, 560 Pa. 650, 747 A.2d 867 (2000).

  • Obtained limitation on liability for mental health professionals in cases involving injury or death inflicted by outpatients on third persons in Emerich v. Philadelphia Ctr. for Human Dev., 554 Pa. 209, 720 A.2d 1032 (1998).

  • Persuaded Pennsylvania Supreme Court to assume extraordinary jurisdiction and to remand complex worker's compensation litigation for re-examination in light of claimant's suspicious claim maneuvers in Town & Country Fine Furniture v. Workmen's Compensation Appeal Bd. (Charles K. Jerrechian & Sons), 523 Pa. 424, 567 A.2d 1042 (1990).

  • Persuaded trial court and appellate court to grant judgment to truck manufacturer despite verdict of liability in Conway v. White Trucks, 885 F.2d 90 (3rd Cir. 1989).

  • Protected property owner's indemnity right in the landmark case of 23. Willey v. Minnesota Mining & Mfg. Co., 755 F.2d 315 (3rd Cir. 1985).
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