Mr. Gaul has represented manufacturers, financial institutions, small businesses and other commercial and not-for-profit organizations before federal and state courts in Pennsylvania, West Virginia and Ohio. Prior to joining Thorp Reed & Armstrong, LLP, Mr. Gaul clerked for the Honorable Sean J. McLaughlin of the U.S. District Court for the Western District of Pennsylvania.
Manufacturing and Warranties
Represented national truck manufacturer in two-week trial of claims brought by failed manufacturer of proposed components.
Represented construction company in bankruptcy court adversary proceeding involving fabrication of components for petrochemical plants in Indonesia, People's Republic of China. Case settled with opposing party walking away from $5.5 million claim.
Represented manufacturer of soft magnetic parts in litigation over termination of outsourced manufacturing relationship.
Represented manufacturer of inspection and measuring machinery in defending warranty claims.
Represented franchisee for electronic theft detection equipment in contract dispute.
Represented steel fabricator in claims arising from incorporation of tubing in industrial boilers.
Financial Institutions and Instruments
Obtained summary judgment or voluntary dismissal of all claims against bank in class action alleging improper assessment of late charges on motor vehicle loans.
Defended life insurance companies in sales practices claims by policy holders.
Represented Korean construction company in recovery of $20 million improperly drawn on letter of credit.
Defended student loan servicer against putative class action alleging improper reporting to credit bureaus.
Regulated Enterprises and Affiliates
Represented wireless telecommunications company in establishing that municipality cannot be required to subdivide property as precondition to development of facilities. Marshall Township Board of Supervisors v. Marshall Township Zoning Hearing Board and American Portable Telecom, 717 A.2d 1 (Pa. Commw. Ct. 1998).
Represented wireless telecommunications companies in municipal hearings and litigation establishing right under state and federal law to locate facilities in Western Pennsylvania.
Represented unregulated subsidiary of utility holding company in claims arising from joint venture agreement for retail sale of power.
Represented natural gas exploration company in contract claims brought under farmout agreement.
Intellectual Property Litigation
Represented national provider of construction equipment and services against claims by local distributor of ownership of marks and protected status as franchisee.
Defended university against contract claims arising from decisions not to pursue patent or develop proposed technology.
Represented national recording artists in copyright infringement claims arising from group’s inclusion of recorded material in concert video.
Other Commercial Litigation
Represented local entrepreneur in recovering approximately $40 million in commissions wrongly withheld by multinational corporation and obtaining permanent injunction. Sensormatic Electronics Corp. v. First National Bank of Pa. (3d Cir. 2005).
Represented management of closely held corporation in dispute with dissident shareholders, including trial in breach of contract action against shareholder corporation.
Represented operator of summer sports camps in trial of breach of contract and misrepresentation claims brought by former promoter.
Defended local law firm against claims of legal malpractice arising from drafting of letter of intent for disposition of assets of closely held corporation and subsequent trial.
Represented real estate developer in establishing that conversion of under-utilized boarding house into high-end condominiums constituted continuation of non-conforming use. Ligo v. Zoning Board of Sewickley Borough, 148 P.L.J. 31 (C.P. Allegheny Cty. 1999), aff'd, 758 A.2d 299 (Pa. Commw. Ct. 2000).
Not-for-Profit
Represented Washington & Jefferson College in Pennsylvania Supreme Court case establishing charitable purpose of independent colleges and universities and College’s qualification as an institution of purely public charity. City of Washington v. Board of Appeals of Washington County, 704 A.2d 120 (Pa. 1997).
Represented Jewish Community Center of Greater Pittsburgh at trial and appeal in establishing exemption from property taxation of new branch without operating history and with athletic facilities. Chartiers Valley School District v. Board of Property Assessment Appeals and Review, 149 P.L.J. 269 (C.P. Allegheny Cty. 2001), aff'd, 794 A.2d 981 (Pa. Commw. Ct. 2002).
Represented Catholic diocese and private university in challenge to fire services fee assessed by West Virginia municipalities. Wheeling College, Inc. v. City of Wheeling, 513 S.E.2d 177 (W. Va. 1998), cert. denied, 527 U.S. 1037 (1999).
Represented Young Men's Christian Association of Pittsburgh, Jewish Community Center of Greater Pittsburgh, and Pittsburgh Project with regard to tax-exempt status of facilities located within City of Pittsburgh.
Represented YMCA against private health club in arbitration proceeding under Section 8 of Institutions of Purely Public Charity Act.
Public Entities
Represented Allegheny County before the U.S. Supreme Court and the U.S. Court of Appeals for the Third Circuit in defeating effort under Department of Transportation Act, National Environmental Policy Act and National Historic Preservation Act to stop land clearance for development on site of former airport terminal.
Represented state authorities responsible for monitoring City of Pittsburgh’s fiscal affairs in defeating suit by City Controller seeking increased appropriation. Pokora v. Ravenstahl, 155 P.L.J. 223 (C.P. Allegheny Cty. 2007).
Represented state and governor against challenge to state employee layoffs necessitated by budget impasse.
