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Career Biography

Brendan is a partner in Zarwin Baum’s commercial litigation group, practicing in state and federal courts throughout Pennsylvania and New Jersey.  He represents individuals and businesses in all areas of business litigation, including business torts, contracts, shareholder's rights, real estate, landlord/tenant, restrictive covenants, trade secret, construction and product liability.  Brendan also represents attorneys and construction professionals against professional negligence claims.  Brendan began his career at Zarwin Baum defending premises liability, motor vehicle and workers compensation cases.  He handles all aspects of civil litigation from inception through conclusion, including arbitration, trial, complex settlement and appeal.

In addition to litigation, Brendan counsels a national provider of mobile diagnostic services, reviewing and negotiating a wide variety of contracts, including professional services agreements, consulting and employment agreements, commercial leases, non-disclosure agreements and vendor agreements.

From 2012 through 2016, Brendan was named a Super Lawyers Rising Star, an honor received by only 2.5% of Pennsylvania Lawyers each year. Rising Stars are chosen by their peers as being among the top promising lawyers in the state.

Representative Matters

Commercial Litigation:
 
Real Estate/Contracts: Obtained verdict for commercial real estate brokerage firm in case involving a commission dispute.  The Broker had an Exclusive Right to Sell Agreement (“Agreement”) with the owner of a multi-unit apartment complex in Delaware County.  After the term of the Agreement expired, the owner sold the property to an entity to whom the Broker introduced the property during the exclusivity period.  Following trial, the Court awarded the Broker the full amount of the commission plus thousands in pre-judgment interest.  The case settled while on appeal.

Commercial Real Estate/Landlord Tenant: Along with Zarwin partner Philip Magen, obtained a verdict in favor of commercial landlord against a former tenant. Tenant filed suit against landlord claiming it had been constructively evicted due to ongoing construction at the leased premises (“Premises”).  Landlord counterclaimed, alleging tenant breached the lease by failing to provide timely notice of its intent to terminate the lease.  Following a two day trial, the Philadelphia Court of Common Pleas ruled in favor of the landlord and awarded the full amount of its claimed damages, including attorneys’ fees and costs.

Estate Litigation: Obtained judgment in favor of several family members in quiet title action arising out of deed in trust.  After initially securing an injunction that enabled his clients to exercise control over the property at issue, Mr. Lamanna secured judgment in favor of his clients, successfully establishing their claim of ownership under the deed in trust.

Shareholders’ Rights: Secured favorable settlement for member of limited liability company in dispute against co-member of company.  On behalf of his client, Mr. Lamanna filed suit claiming his client was entitled to 50% of the proceeds from the sale of the company’s only asset, a valuable piece of commercial real estate located in Old City Philadelphia.  The defendant claimed Mr. Lamanna’s client was only entitled to 18% based upon his failure to match the defendant’s capital contributions during the life of the company.  The case settled with Mr. Lamanna’s client recovering nearly the full amount of his claim.

Contracts/Defamation: Along with Zarwin partner Philip Magen, secured verdict in favor of international transportation company and multiple subsidiaries and affiliates in defamation action.  The plaintiff claimed, among other things, Mr. Lamanna’s client ruined plaintiff’s reputation within its professional community, resulting in millions in lost business.  Following a week-long trial, the Court concluded that, while certain statements may have been defamatory, the statements were privileged and, therefore, Mr. Lamanna’s client was found not liable.

Professional Liability:
 
Legal Malpractice: Secured dismissal of client, a law firm and one of its shareholders, in a defamation action brought against them by a non-client alleging the shareholder had defamed the plaintiff in connection with underlying litigation.  The trial court sustained Preliminary Objections asserting that the alleged defamatory statements were privileged as a matter of law.  The Superior Court affirmed the trial court’s decision and the Supreme Court denied allocatur.

Insurance Broker Malpractice: Represented insurance brokerage firm and its principal in malpractice/bad faith case brought by former clients claiming the broker failed to procure proper insurance for a development project.  The case settled on terms favorable to the broker after plaintiffs made multiple misrepresentations and inconsistent statements during their depositions.

Home Inspection: Secured dismissal of action brought against home inspection company by a former client arising out of an inspection and subsequent home purchase.  Plaintiff asserted claims for fraud, intentional concealment/non-disclosure, negligent misrepresentation, conspiracy and violations of the UTPCPL.  The trial court sustained Preliminary Objections based on the gist of the action and economic loss doctrines, and dismissed all claims against the client.  

Legal Malpractice/Fair Debt Collection: Represented attorney and debt collection firm in suit alleging violations of the Fair Debt Collection Practices Act.  The case resolved for a negligible sum shortly after suit was filed.

General Liability:
 
Motor Vehicle: Successfully defended driver in pedestrian knockdown case where plaintiff alleged that he was struck while crossing the street.  Driver counter-claimed for property damage, alleging that plaintiff’s own negligence caused the accident.  The driver prevailed and was awarded the full value of the property damage to his vehicle. 

Premises Liability: Secured favorable settlement for regional supermarket chain in slip and fall case.  Plaintiff alleged that he slipped and fell on water, resulting in both physical injuries and cognitive impairment.  Discovery revealed that plaintiff’s physical injuries were minor and a pre-existing history of cognitive impairment.  Shortly after the discovery period ended, plaintiff agreed to resolve for nominal sum. 

Premises Liability: Secured favorable settlement for regional supermarket chain in trip and fall case involving numerous defendants, including several contractors, the landlord and the property management company.  Plaintiff tripped and fell immediately outside of the supermarket and claimed serious physical and psychiatric injuries, including two suicide attempts that plaintiff’s experts related to the incident.  Relying on certain provisions of the lease and admissions by the landlord and property management company, the case was resolved on terms favorable to the supermarket.  
 

News & Events:

Recent Successes:

Brendan Lamanna

Shareholder
P: 267.765.9629
F: 267.765.9679
bglamanna@zarwin.com
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Office:
Philadelphia, PA

PRACTICE AREAS
Business Practice Group
Commercial Litigation
Construction Defect
Personal Injury
Professional Liability
 
BAR ADMISSIONS
New Jersey  
Pennsylvania
 
COURT ADMISSIONS
U.S. Court of Appeals for the Third Circuit
U.S. District Court of New Jersey
U.S. District Court, Eastern District of Pennsylvania
 
EDUCATION
B.S. in Business Administration, University of Pittsburgh, 2003
University of Dayton School of Law, 2006 (Cum Laude)
 
MEMBERSHIPS
Pennsylvania Bar Association
Philadelphia Bar Association
 
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