Daniel represents businesses and individuals in commercial and personal injury litigation. Some of his clients include 7-Eleven, Inc., Bridgestone Firestone Corporation, KinderCare Learning Centers, LLC, Preferred Mutual Insurance Company, and Ruby Tuesday, Inc. His experience includes handling breach of contract, child abuse, commercial disputes, discrimination, dram shop, negligent security, toxic torts, and wrongful death matters.
With over 20 years of experience as a litigator, Dan has a proven record of successfully and cost-effectively navigating complex cases including high profile wrongful death and catastrophic injury matters. He has led investigations and retained and worked with experts in many fields including toxicology, security, police tactics, accident reconstruction, fire alarm systems, and medicine. He frequently deals with state and local authorities involving the investigation of daycare centers and dram shops.
During the course of his career, Dan has tried cases in state and federal courts, in addition to being involved in numerous arbitrations, mediations, and appeals. He has obtained hundreds of summary judgment and dismissals for his clients.
When not in the office, Dan enjoys watching his children play sports, listening to music, and riding his Harley.
- Calhoun v. 7-Eleven, Inc. et al.
Defended 7-Eleven, Inc. in New Jersey state court wrongful death matter involving the stabbing death of a customer who had an altercation with store employees. Obtained summary judgment for 7-Eleven, Inc. successfully arguing that as the franchisor it owed no duty to the plaintiff.
- McNamee et al. v. The Old Fashioned Kitchen, Inc.
Defended a small New Jersey food manufacturer sued in state court in St. Louis, Missouri for alleged consumer fraud violations. Successfully removed the case to District Court and obtained a dismissal.
- Brown et al. v. Ruby Tuesday, Inc. et al.
Defended national restaurant chain in New Jersey state court dram shop action involving multiple plaintiffs and obtained summary judgment.
- Jenkins v. Knowledge Learning Corporation et al.
Defended national daycare center in New Jersey District Court employment discrimination case involving ADA and ADEA claims. Obtained dismissal of ADA claims via summary judgment and tried case on remaining age discrimination claim resulting in favorable verdict.
- In re investigation: KinderCare Learning Centers
Successfully navigated client and employees through criminal investigation involving New Castle County, Delaware daycare center involving infant with spiral fracture resulting in no criminal charges.
- Simpkins v. 7-Eleven, Inc. et al.
Defended 7-Eleven, Inc. in New Jersey state court negligent security case where plaintiff was stabbed in altercation with a customer. Obtained summary judgment for 7-Eleven, Inc. arguing that as franchisor 7-Eleven, Inc. owed no duty to plaintiff. Judgment upheld on appeal.
- DiPietropolo v. 7-Eleven, Inc. et al.
Defended 7-Eleven, Inc. and franchisee in New Jersey state court in a negligent security case involving the stabbing of plaintiff during a robbery. Obtained summary judgment for 7-Eleven, Inc. and defended franchisee at trial obtaining favorable verdict.
- New England School of Law, J.D., cum laude, 1996
– Technical Coordinating Editor, New England Law Review
– New England Scholar
– CALI Award: Trial Evidence and Education and the Law
- Hobart College, B.A. Political Science, 1989
Admissions to Practice
- New Jersey
- U.S. District Court of Pennsylvania (Eastern)
- U.S. District Court of New Jersey
- U.S. District Court of Delaware
- New Jersey Defense Association
- New Jersey State Bar Association
- Delaware State Bar Association
- National Retail and Restaurant Defense Association
Presentations & PUBLICATIONS
- Tort Law Desk Reference: A Fifty-State Compendium. Wolters Kluwer. (New Jersey Contributing Editor)
- “New Jersey Dram Shop Law: Duty and Exclusivity on the Rocks?” New Jersey Defense, a publication of the New Jersey Defense Association, vol. 25, no. 1, Spring 2009, p. 10.
- Dan has handled a number of pro bono matters in the Delaware Family Court involving child custody and guardianship for children and teenagers.