Phillips Nizer LLP | Sophisticated Legal Service | Ernest Schoellkopff | Representative Matters
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Ernest  W. Schoellkopff


Appellate Practice
Real Estate


  • University of Notre Dame, J.D.
  • Dartmouth College, A.B.


  • Supreme Court of the United States
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the District of New Jersey
  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Middle District of Pennsylvania
  • New Jersey
  • New York
  • Pennsylvania
  • Ohio
Ernest W. Schoellkopff
Tel: (201) 975-4428
Fax: (201) 646-1764
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  • Litigation

    • Successful defense of trustee capacity and fiduciary claims
    • Prosecution of attorney fee claims in False Claims Act litigation
    • Litigation of liability claim under factoring agreement and guaranty
    • Condominium common element/quiet title litigation
    • Defense of will contest against charge of incapacity and undue influence
    • Representation of nonprofit housing and placement service in termination of member benefits
    • Litigation of condominium repair assessments
    • Judgment on fraud claims against condominium developers
    • Successful litigation to extend closing for commercial real estate developer following COVID-19-related delays
    • Prosecution of investor claims against managing member of health care company
    • Probate litigation to obtain monetary bequest against claim of waste by tenant under will
    • Litigation of exclusive easement quiet title claims
    • Injunctive relief in defense of long-term lease default claims
    • Condominium title, property tax and assessment litigation
    • Membership dissociation, favorable valuation of shareholder interests and intellectual property recovery for the development and management arm of a multi-state surgery center syndication
    • Summary judgment and frivolous claim costs award in defense of misrepresentation claim against commercial real estate vendors
    • Fifth Amendment taking, due process and mineral rights valuation claims to restore rights of mining property owners following rezoning; successful appeal to Third Circuit
    • Judgment and award of damages on contractee’s default and repudiation in development of satellite radio transmission system
    • Representation of worldwide manufacturer in class-action home appliance defective material claims
    • Defense and nuisance-value settlement of manufacturing defect claims against industrial fabric and coatings manufacturer in international billboard sign litigation
    • Summary judgment and frivolous claim sanctions for independent cargo hauler against authorized carrier and insurer based on Carmack Amendment and anti-subrogation rule
    • National trial and appellate brief drafting and legal argument coordination for shipbuilder’s defense of toxic tort claims
    • All aspects of eminent domain litigation to condemn over a hundred parcels for New Jersey development authority
    • Representation of insurers/developers in regional real estate, contract and premises liability litigation
    • Recovery of funds for process heating systems manufacturer following dishonor of international letter of credit by foreign bank
    • Defense and dismissal of medical device claims against contact lens manufacturer
    • Judgment for paint manufacturer on reactive airways dysfunction claims
    • Judgment for producer of food wrapping machinery in repetitive stress injury product liability suit
    • Prosecution and substantial settlements in blood product transfusion litigation
    • Appeal of Disability Retirement Claim Denial
    • Appeal and dismissal of misappropriation/attorney discipline claim
    • Successful appeal and judgment on remand for increased valuation of  beverage chain inventory in division and distribution of assets
    • Successful appeal and favorable construction of contractual indemnity for structural steel fabricator
    • Winning appeal and dismissal of suit against individual guarantor of demand note with automatic acceleration clause
    • Reversal on appeal of $15 million and other substantial verdicts in obstetrical and other health care malpractice actions
     Insurance Coverage Analysis and Litigation 
    • Evaluation and coverage opinions on COVID-19-related business income insurance claims
    • Representation of commercial insurers in professional, media, staffing industry, construction, environmental and other liability coverage disputes
    • Coverage analysis for multiple governmental claims against opioid pharmaceutical distributors, nationwide state court and federal multidistrict litigation
    • Analysis of former property owner, estate liability, innocent purchaser defense under CERCLA and NJ Spill Act; first- and third-party coverages
    • Defense cost allocation models between covered and non-covered claims under directors and officers policy
    • Abusive acts coverage opinions; litigation including appeals
    • Deductible recovery suit following settlement of World Trade Center toxic tort claims
    • Litigation and coverage opinions on scope of insurance policy exclusions for intentional and criminal acts
    • Nationwide EIFS claim and insurance analysis for international chemical and materials manufacturer
    • Representation and judgment for various insurers in actions among carriers claiming indemnity for toxic tort (asbestos, Legionella), environmental, construction defect and interstate motor carrier claims
    • Dismissal of claim against property insurer and judgment on counterclaim for fraud against policyholder in theft claim