Falco A. Muscante II

Represented an investment group as the owner of a large commercial office building in a multimillion-dollar dispute against the architects, contractors, and the construction manager of record in a case involving the complete failure of the building façade that resulted in a favorable partial joint tortfeasor settlement for our client.

Defended a global supplier of paints, coatings, and specialty materials in hundreds of personal injury claims filed in Cook County, Illinois, regarding alleged ethylene oxide emissions.

Represented an international pipe manufacturer in the acquisition of a regional parts manufacturing company with a manufacturing plant in Alabama. Conducted a nationwide litigation review and analysis as part of due diligence and advised client.

Advised an e-commerce company in legal assessments relating to the sale of goods under the Energy Policy and Conservation Act after the Supreme Court’s decisions in the Loper Bright and Jarkesy cases.

Represented a zirconium manufacturer for the nuclear industry in an environmental federal grand jury investigation alleging the improper handling of hazardous waste. A search and seizure warrant was executed and grand jury subpoenas were served. There was a parallel civil Environmental Protection Agency investigation. The matter ultimately resolved with the Federal District Court closing the criminal investigation with no prosecutorial action.

Represented a regional jewelry store in a frivolous lawsuit brought by an individual to harass the jewelry store into making a settlement payment. Successfully moved to dismiss the case in its entirety.

Represented one of the country’s largest telecommunications infrastructure companies in a breach of contract action related to six commercial leases and alleged breaches of those leases by the landlord. Sought and received a sanctions order against the landlord and then successfully negotiated a favorable settlement agreement for our client.

Represented one of the country’s largest telecommunications infrastructure companies in an action to enforce a lease. Successfully moved for a preliminary injunction, which held that the lease was valid and enforceable in favor of our client.

Represented a construction materials supplier in a breach of contract dispute where a contractor failed to pay for purchased construction materials that resulted in a favorable settlement for our client.

Successfully defended a large manufacturing company in a products liability action for alleged injuries sustained by the plaintiff resulting from the use of drywall screws.

Successfully defended multiple judges in investigations initiated by the West Virginia Judicial Investigation Commission.

Defended an international polymers company before the US District Court for the Southern District of West Virginia in a putative class action seeking medical monitoring for multiple census tracts due to alleged ethylene oxide emissions. Plaintiff appealed to the US Court of Appeals for the Fourth Circuit.

Represented a global manufacturing company in civil fraud and breach of fiduciary duties by former director.

Represented a major dredging contractor at evidentiary hearing on motion for a preliminary injunction for breach of contract claims regarding construction schedule delays.

Represented a company in filing a confession of judgment in Allegheny County related to unpaid funds owed to our client that ultimately resulted in a favorable settlement for our client.

Represented a religious nonprofit organization in a federal civil rights action brought under the Religious Land Use and Institutionalized Persons Act and related to discrimination under local borough zoning ordinances.

Represented a large regional furniture store in an action brought by a problem customer and achieved a take-nothing defense judgment in magisterial district in favor of our client.

Represented a commercial landlord in a lease dispute over deteriorating conditions in a warehouse leased by our client that resulted in a favorable settlement and successful termination of the lease.