Biography
Bob Feltoon's practice covers a broad spectrum of complex business litigation on behalf of Fortune 500 companies as well as smaller companies and individuals.
Since joining Conrad O’Brien in 1990, Bob has represented IBM Corporation continually in cases in Pennsylvania and New Jersey and, more recently, in New York. His cases for IBM have involved, among other areas, contract disputes with vendors and customers, employment claims by former employees, and environmental claims. Bob successfully represented IBM in a case brought by a potential subcontractor under a “teaming agreement” entered into in connection with a contract between IBM and the Department of Defense. Trianco, LLC v. IBM Corp., 466 F. Supp. 2d 600 (E.D. Pa. 2006) (dismissing all of plaintiff’s claims), aff’d in part, 271 Fed. Appx. 198 (3d Cir. 2008). Upon remand, the district granted IBM’s motion to dismiss the one claim sent back for further consideration, and that decision was upheld on Trianco’s further appeal. 583 F. Supp. 2d 649 (E.D. Pa. 2008), aff’d, 347 Fed. Appx. 808 (3d Cir. 2009). Bob was successful in obtaining dismissal of the principal claims asserted in GlassHouse Systems, Inc. v. IBM Corp., 607 F. Supp. 2d 709 (E.D. Pa. 2009), later opinion granting IBM’s motion for summary judgment on one of two remaining claims, 750 F. Supp. 2d 516 (E.D. Pa. 2010). The one remaining claim in that case, for promissory estoppel, was the subject of a four-day bench trial in June 2011. In July 2011, the Court issued its opinion in favor of IBM. 2011 WL 2937389 (E.D. Pa. July 20, 2011). A commentator who followed the case closely wrote that Bob “mounted a defense quite worthy of classroom presentation”, and that “[w]ell before the three-year battle ended, it became clear that [Bob] would crush his opponent”.
Bob also represents the Progressive Group of Insurance Companies in numerous cases in Pennsylvania, New Jersey, New York and elsewhere. Most of these cases have involved class action claims raising significant issues under various “no fault” automobile insurance programs. Bob took the lead on behalf of a group of insurer defendants in a New York case involving reimbursements for multiple MRIs conducted at a single session. The trial court granted defendants’ motion for summary judgment. Pending the plaintiffs’ appeal to the Second Circuit, a favorable settlement was reached. Brentwood Pain & Rehab. Serv. v. Allstate Ins. Co., 508 F. Supp. 2d 278 (S.D.N.Y. 2007). In another successful defense, a class action complaint seeking to recover on behalf of a class of Pennsylvania massage therapists was dismissed on the basis that the plaintiffs were required to hold the equivalent of a physical therapist’s license in order to seek insurance benefits for the claims at issue. That ruling was affirmed on appeal. Keiper v. Progressive Casualty Ins. Co., 2007 WL 3236702 (Com. Pl. 2007), aff’d, 968 A.2d 802 (Pa. Super. Ct. 2009). In a pending case filed in 2010 in Federal court in Philadelphia against Progressive and other insurers, concerning insurance discounts for automobile antitheft devices, Bob argued a summary judgment motion and motion for class certification on behalf of defendants. When a similar class action case was commenced against Progressive and other insurers in Federal court in Minnesota, Bob took the lead on a joint motion to dismiss and argued it on behalf of all four defendants. The trial court granted the motion, dismissing all of plaintiffs’ claims with prejudice. Hara v. USAA Cas. Ins. Co., 2011 WL 5035995 (D. Minn. April 12, 2011). That ruling was appealed to the Eighth Circuit, where Bob argued the appeal in December 2011 on behalf of all defendants. In February 2012, the Eighth Circuit issued its decision affirming dismissal. 666 F.3d 1081 (8th Cir. 2012).
Bob and other members of the firm were retained by Cravath, Swaine & Moore LLP in 2010 to represent Cravath in a lawsuit filed in Pennsylvania by a former client, Airgas, Inc., seeking to enjoin Cravath from representing Air Products, Inc., in connection with a possible acquisition of Airgas by Air Products. See 2010 WL 624955 (granting Cravath's motion to stay). Cravath thereafter successfully defeated Airgas’s attempt to disqualify Cravath from representing Air Products in the Delaware Chancery Court.
Bob is co-counsel with Cravath in defending Qualcomm, Inc. in antitrust litigation pending in Philadelphia. Bob co-authored Qualcomm’s motion to dismiss, which the Court granted with leave to replead. TruePosition, Inc. v. LM Ericsson Tele. Co. et al., 2012 WL 33075 (E.D. Pa. Jan 6, 2012). Bob also serves as local counsel to Jenner & Block in consolidated antitrust litigation pending in Philadelphia, on behalf of Kraft Foods, The Kellogg Co., General Mills, Inc. and Nestle USA, Inc. In re: Processed Egg Products Antitrust Litigation, No. 2:08-md-02002-GP.
Bob represented the insured in fire insurance coverage litigation in State court in New Jersey. In 2010, Bob moved successfully for partial summary judgment on the ground that the insurer improperly named as its fire insurance “appraiser” the head of a company which was acting simultaneously as the insurer’s “adjuster” on other aspects of the same fire insurance coverage claim. Joseph v. Bay State Ins. Co., No. CAM-L-4005-09. A favorable settlement was reached in May 2011.
Bob began his career in New York, where he spent tens years as a litigation associate at Cravath.
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