Mr. Ludwikowski graduated from the University of Southern California in 1983 and received his J.D. degree cum laude in 1987 from Southwestern University School of Law. While in law school, Mr. Ludwikowski served as managing editor of the Law Review and was nationally recognized for his oral advocacy skills. Mr. Ludwikowski is a frequent lecturer and course planner for seminars on a wide range of commercial litigation, professional responsibility and trial technique topics. He is Peer Review Rated AV by Martindale Hubbell.
Mr. Ludwikowski has federal and state court trial experience in various subject matters, including cases involving commercial disputes, construction claims, civil rights, bankruptcy, RICO, environmental issues, products liability defense and insurance coverage. He is admitted to practice before the State Courts in both Pennsylvania and California (inactive) as well as to the United States District Courts for the Western District of Pennsylvania, the District of Colorado and the Central District of California, the Third Circuit Court of Appeals and the United States Supreme Court. Additionally, he has often assisted clients in disputes through both mediation and arbitration procedures. Mr. Ludwikowski also serves as advisor and pro bono General Counsel of the Catholic Men's Fellowship of Pittsburgh, is past Chairperson of the Pittsburgh Chapter, American Association of the Order of Malta , and remains active in both his Church and community. He is also an ordained Deacon of the Roman Catholic Church.
REPRESENTATIVE CASES
COMMERCIAL BANKRUPTCY LITIGATION
- Bankruptcy Trustee v United States Department of Justice, IRS, (Bankr. W.D. Pa. 2006). Represented Bankruptcy Trustee in action to collect $10 million tax refund for FICA taxes paid on behalf of medical residents while enrolled in educational program.
- Acordia of W. Va., Inc. v. Scharffenberger, (Bankr. W.D.Pa.) Represented Bankruptcy trustee in action to obtain in excess of $800,000 in interpled funds as the result of insurance refunds. Obtained verdict after bench trial for majority of funds. Published at 312 B.R. 58 (W.D.Pa 2004).
- Allegheny Health, Education and Research Foundation v. Risk Management Alternatives, Inc., (Bankr. W.D.Pa. 2003). Represented Bankruptcy trustee in action to recover preferential payments to collection agency. Obtained verdict from court after two day bench trial, which was affirmed on appeal by the District Court. Published at 292 B.R. 68 (W.D.Pa Bankr. 2003).
- In re: Insolvent Securities Broker/Dealer, (Bankr. C.D. Ca. 1988). Represented Bankruptcy Trustee of major stockbroker/dealer corporation in various actions against corporate officers and insider investors for recovery of funds obtained through fraud and insider trading.
COMMERCIAL LITIGATION
- Buyer, LLC v. Limited Partnership, (D. Colo 2006). Represented limited partnership in action by buyer of real estates to enforce provisions of indemnity agreement for asbestos removal from building.
- Owner v. Restaurant Chain, (M.D. Pa. 2002). Represented corporate tenant in action by landlord for breach of three lease agreements. Conducted two day Court ordered arbitration and settled matter during mediation for less than one third of claimed amount.
- ABC Securities Corp v. XYZ Technologies, Inc., ( Delaware State Court, 2000). Represented Corporation in action by securities financing company related to financing agreement for merger between client and third party. Obtained defense verdict.
- Tenant v. Commercial Building Owner, (W.D.Pa. 1998). Represented owner of major downtown commercial building in action by anchor tenant related to lease provisions allowing tenet to approve retail tenants in building.
- Shareholder v. Partnership Management Co. et. al., (W.D.Pa. 1997). Represented partner defendants in civil RICO action brought by former shareholder, related to alleged misrepresentation related to value of stock shares. Obtained dismissal by summary judgment.
- Steel Company, Inc. v. Surety Broker et. al. (Common Pleas Allegheny County Pa. 1996). Represented Corporation and shareholders in action against former surety broker and law firm for recovery of lost profits, resulting from undisclosed tailing liabilities, related to sale of shares of company to purchaser. Obtained favorable verdict on liability from court after 2 week bench trial.
- ABC Steel Corporation v. Equipment Seller, (U.S. Dist Ct. Ga. /Atlanta. 1991). Represented seller of eccentric bottom tapping electric arc furnace and roller (steel making equipment) in action by buyer for recovery of $20 million for alleged breach of contract. Obtained Summary Judgment.
- Seller v. ABC Shopping Center, Inc., (Common Pleas, Center County Pa. 1990). Represented seller of real estate in action to confess judgment against buyers for breach of seller financed loan agreement. Prevailed in trial court, and on appeal to Pennsylvania Superior Court and Pennsylvania Supreme Court. Defeated petition for writ of certiorari to United States Supreme Court.
CONSTRUCTION LITIGATION
- Construction Subcontractor v. Environmental Remediation Prime Contractor, (American Arbitration Association, 2008). Represented prime contractor in action by subcontractor seeking to recover for alleged additional work for which contact change orders were not issued and with respect to counterclaims against subcontractor for defective work.
- Contractor v. Local Sewage Authority, (Allegheny County Construction Group Arbitration, 2008). Represented local Sewage Authority in action brought by prime contractor for construction of sewage treatment plant seeking payment for allegedly completed work, bad faith and attorneys fees.
- ABC Construction Company, Inc. v. XYZ Industries, ( Common Pleas Fayette County Pa. 2001). Represented subcontractor in action against contractor for unpaid invoices on highway renovation project. Obtained jury verdict for full amount of unpaid invoices, attorney fees and penalties.
- Construction Company, Inc. v. ABC Building Systems, (E.D.Pa. 1995). Represented defendant contractor in action by subcontractor alleging wrongful termination. Obtained verdict in trial court after 2 day bench trial and prevailed on appeal before Third Circuit.
- Painting Co. v. ABC Casualty Co., (W.D.Pa., 1993). Represented commercial bridge painter in action against general contractor and surety bond for unpaid invoices related to change in specifications during job. Obtained jury verdict.
- Borrower v. ABC Savings and Loan, (San Diego Ca. 1988). Represented lender in jury trial action against borrower on construction loan for breach of loan agreement.
SHAREHOLDER, PARTNERSHIP AND JOINT VENTURES LITIGATION
- Partners v. ABC Development of Pennsylvania, L.L.P., (Common Law arbitration panel, Sept. 2004). Completed arbitration of dispute by partners seeking removal of managing partner for breach of fiduciary duties and dissolution of Partnership. Arbitration award in favor of partners.
- Shareholder v. ABC Development Corp., ( Maryland State Court/Hagerstown 2003). Represented Corporation and officers in action by shareholder for injunction and damages related to alleged mismanagement of corporation and devaluation of stock. Obtained defense verdict. Affirmed on appeal.
- Shareholder v. ABC Investment Co. Ltd., (Common Pleas, Montgomery County Pa. 2003). Represented defendant in shareholder suit related to representations regarding share value. Obtained defense verdict.
- Shareholder v. Partnership Management Co. et. al., (W.D.Pa. 1997). Represented defendants in civil RICO action brought by former shareholder, related to alleged misrepresentation related to value of stock shares. Obtained dismissal by summary judgment.
- Steel Company, Inc. v. Surety Broker, (Common Pleas Allegheny County Pa. 1996). Represented Corporation and shareholders in action against former surety broker and law firm for recovery of lost profits, resulting from undisclosed tailing liabilities, related to sale of shares of company to purchaser. Obtained favorable verdict on liability from court after 2 week bench trial.
INSURANCE COVERAGE LITIGATION
- ABC v. XYZ Insurance Company, (W.D.Pa. 2006). Represented coal company in action to obtain insurance coverage related to acid mine drainage and environmental clean-up costs
- XYZ Corporation v. ABC Insurance Co., (Common Pleas Beaver County Pa. 1999). Represented Corporation in action against insurer for coverage related to costs of environmental remediation of three sites contaminated with heavy metals. Multi-million dollar Settlement after argument on summary judgment motions.
- ABC Assurance Company v. Steel Company and Insurance Broker Inc., (E.D. Pa. 1991) Represented co-defendant in Declaratory Judgment action by insurer seeking to avoid liability for work related death of client's employee while on site at steel mill. Obtained by Summary Judgment declaration that insurer was obligated to pay defense and indemnity costs of client in underlying wrongful death action. Available at 1991 U .S. Dist. LEXIS 8539
PRODUCTS LIABILITY
- Various Plaintiffs v. ABC Metals Company, (various throughout United States ). Managed complex toxic tort actions against Welding Rod manufacturer by individuals asserting exposure to manganese.
- Residents et. al. v. Creosote Company, Inc., ( Braxton County , WVa. 2004). Represented corporation in class action by citizens allegedly exposed to toxic fumes resulting from corporation's creosote treating facility.
- Operator B v. Equipment Manufacturer A, (Common Pleas Allegheny County 1994). Represented manufacturer of skid steer loader (front loader) in products liability action by operator for loss of leg.
- Operator B v. Equipment Manufacturer X, (U.S. Dist Court Ohio/Columbus 1992). Represented manufacturer of crane in jury trial action by operated who lost an eye while operating equipment. Obtained jury verdict.
- Various Plaintiffs v. Tobacco Company, (Various Courts, 1989-1993). Represented tobacco manufacturer in various class actions for smoking related diseases.
- Various Plaintiffs v. City Housing Authority v. Paint Company et. al. (Common Pleas, Philadelphia County Pa. 1991). Represented one of several paint manufacturers in putative class action by parents and guardians of children allegedly suffering lead poisoning from ingestion of lead containing paint.
- Various Plaintiffs v. Paint Company et. al., (Mass. State Court, 1991). Represented one of several paint manufacturers in class action by parents and guardians of children allegedly suffering lead poisoning from ingestion of lead containing paint.
ENVIRONMENTAL LITIGATION
- Coal Company v. Pa. Dept of Environmental Protection, (Env. Hearing Board 2005). Represented Coal Company in action to stay enforcement of order by DEP to cease mining operations as a result of long wall mining impact on surface waters.
- New York Department of Environmental Conservation v. Metal Manufacturer, Inc., (E.D.N.Y. 2004). Negotiated sharing of liability for clean-up of superfund site on behalf of manufacturing company.
