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Stacey L. Jarrell

Senior Counsel
Commercial & Corporate Litigation and Construction Practice Groups
Member, Professional Practices Committee
sjarrell@thorpreed.com
Pittsburgh 412 394 2463 412 394 2555

Ms. Jarrell is a member of the Commercial & Corporate Litigation and Construction Practice Groups. She represents national and regional companies litigating a variety of claims, with an emphasis on federal constitutional and statutory litigation. Ms. Jarrell’s practice is national in scope, involving the coordination of multi-state litigation, as well as simultaneous proceedings in state and federal courts and administrative agencies across the country. She has extensive appellate experience, having represented clients in the United States Supreme Court, United States Court of Appeals for the Third, Fifth, Sixth and Ninth Circuits, the Pennsylvania Superior, Commonwealth and Supreme Courts, the Texas Courts of Appeals, and in administrative agencies.

Prior to joining Thorp Reed & Armstrong, LLP, Ms. Jarrell served as a law clerk to the late Honorable Jerome Turner in the United States District Court for the Western District of Tennessee.

Competition and Trade Regulation

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  • Represented leading optical companies and their trade organization in federal court litigation in multiple jurisdictions, seeking invalidation of anticompetitive state statutes as violating the Commerce Clause, Due Process Clause and Equal Protection Clause of the U.S. Constitution.­
  • Advised leading optical companies regarding state laws regulating relationships with health professionals.
  • Represented former chairmen of the Federal Trade Commission in the filing of an amicus brief in appeal before Ninth Circuit involving competition between interstate optical companies and optometrists in the sale of retail eyewear.
  • Advised independent power producer regarding potential federal antitrust and related claims, resulting in significant negotiated settlement.

Authorities, Agencies and Section 1983

  • Obtained dismissal of § 1983 claims against municipal authority in connection with defaulted municipal bonds.
  • Defended municipal authority and officials against First Amendment retaliation and state whistleblower claims.
  • Defended municipal authority against claims under the Due Process and Equal Protection Clauses in connection with rejection of contract bids.
  • Successfully defended county against claims related to injury to worker at international airport.
  • Represented county in seeking insurance coverage for tort claims.
  • Represented county in claim for disruption and delay damages arising out of airport operations.
  • Defended county against airline’s claim for damages arising out of third party’s repossession of aircraft.
  • Obtained summary judgment on behalf of Allegheny County in federal court action seeking to enforce construction subcontractor’s contractual obligation to defend and indemnify County against claims by injured third party.
  • Represented municipal authority in action to obtain insurance coverage for bond default litigation.
  • Represented municipal authority in responding to requests under the right to know law. ­

Franchise Law

  • Represented leading national optical chains (including franchisors) in multistate litigation challenging anti-competitive restrictions on business model.
  • Provided advice to optical chains on myriad laws and regulations of the fifty states affecting their operations.
  • Assisted legislative liaison for nation's largest optical chain in persuading state attorney general not to approve licensing board's proposed regulations that would have negatively impacted chain's business model.

Employee Benenfits Litigation

  • Considerable experience representing businesses, hospitals and health care providers in suits involving federal claims under employee benefit plans.

Energy and Natural Resources Litigation

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  • Advised interstate gas pipeline company regarding federal and state statutory and common law claims to prevent mining through underground gas storage field, gas wells and pipelines; federal complaint resulted in advantageous resolution of dispute.
  • Represented interstate gas pipeline company in federal condemnation actions under Natural Gas Act and related disputes regarding rights of way.
  • Advised interstate gas pipeline company regarding rights and obligations under federal and state statutes, including the Natural Gas Act, Pipeline Safety Act, Underground Gas Storage Act and Surface Mining Control and Reclamation Act.
  • Represented natural gas company in collection matters.
  • Successfully defended interstate gas transmission company in pipeline explosion litigation.
  • Represented independent power producer in PURPA enforcement actions.

Commercial Litigation

  • Defended major steel company against $150 million breach of contract and warranty claims in federal court, resulting in favorable summary judgment on all claims.
  • Represented copper manufacturing concern in federal court action against insurance carrier seeking $13 million in property and business interruption losses resulting from explosion of copper furnace; obtained, and successfully defended on appeal, summary judgment on coverage issue.
  • Successfully prosecuted motion to compel arbitration on behalf of software developer in international dispute over alleged breach of confidentiality agreement, leading to dismissal of Belgian complaint.
  • Successfully defended regional bank against breach of fiduciary duty claims in federal court, obtaining summary judgment upheld by the Third Circuit Court of Appeals.
  • Represented environmental remediation firm in contract claims before Texas Court of Appeals.
  • Defended commercial entity against breach of good faith and fair dealing and fiduciary duty claims.
  • Successfully defended cable company in arbitrated dispute involving contract, good faith and fair dealing, promissory estoppel and misrepresentation claims.
  • Represented soft drink manufacturer in resolving metering dispute with natural gas company.
  • Obtained dismissal for local engineering and construction firm of contract claim by sub-subcontractor on rail line construction project.
  • Obtained jury verdict, including punitive damages, on behalf of local business in misrepresentation claim against automobile dealer.
  • Advised hospital regarding possible defamation claims.