Darryl May
Darryl May

Darryl J. May

Partner

may@ballardspahr.com
Tel 215.864.8103
Fax 215.864.8999
Philadelphia

Darryl J. May is a partner in the Litigation Department, Practice Leader of the Consumer Class Action Litigation Group, and a member of the Appellate, Commercial Litigation, Mortgage Banking, Consumer Financial Services, and Higher Education Groups. He concentrates his practice in commercial and class action litigation, with an emphasis on banking and other financial services litigation, and appellate representations.

Mr. May is defending or has defended clients in consumer financial services class-action lawsuits asserting a wide variety of claims, including those involving deposit account fees, title insurance charges, vehicle early termination charges, credit card fees, bankruptcy attorneys' fees, collateral protection insurance charges, and fair credit reporting issues. Outside of the financial services field, Mr. May is defending a major cable company in a consumer antitrust case, and defended the company in a class action alleging breach of the terms of service.

From 1994 to 1998, Mr. May served as chief counsel, litigation, for PNC Financial Services Group Inc., where he was responsible for overseeing class actions and other major lawsuits. Before serving in that position, Mr. May was a partner in Ballard Spahr's Litigation Department.

Representative Matters

Appellate decisions include:

  • Hassler v. Sovereign Bank, 374 Fed.Appx. 341 (3d. Cir. 2010) (overdraft fees)
  • Arthur v. Ticor Title Insurance Co., 569 F.3rd 154 (4th Cir. 2009) (title insurance charges)
  • The Delaware Nation v. Commonwealth of Pennsylvania, 446 F.3d 410 (3d Cir. 2006) (tribal land claim arising from colonial period)
  • Lum v. Bank of America, 361 F.3d 217 (3d Cir. 2004) (prime rate)
  • Miller v. Nissan Motor Acceptance Corp., 362 F.3d 2009 (3d Cir. 2004) (early termination charges)
  • Baez v. Banc One Leasing Corp., 348 F.3d 972 (11th Cir. 2003) (early termination charges)
  • McCulloch v. PNC Bank, 298 F.3d 1217 (11th Cir. 2002) (student loan marketing)
  • Carmichael v. Nissan Motor Acceptance Corp., 291 F.3d 1278 (11th Cir. 2002) (early termination charges under the Consumer Leasing Act)
  • Sexton v. PNC Bank, N.A., 792 A.2d 602 (Pa. Super. 2002) (non-customer check-cashing fees)
  • Daniels v. PNC Bank, N.A., 137 Ohio App. 3d 247, 738 N.E.2d 447 (1st Dist. 2000) (order-of-payment processing)

Judicial Clerkships

Hon. Norma L. Shapiro, U.S. District Court for the Eastern District of Pennsylvania

Professional Activities

Philadelphia Bar Association
Member and past Chair, Business Litigation Committee
Past member, Business Court Task Force (in this capacity, played a significant role in the development of the Commerce Court Management Program of the Philadelphia Court of Common Pleas)

Philadelphia Court of Common Pleas Judge Pro Tempore

Recognition & Accomplishments

Recipient, the Philadelphia Bar Association's 2010 Wells Fargo Fidelity Award, which is given annually to lawyers whose volunteer activities improve access to justice

Publications

Co-author, "A Red Light for Federal Class Certification in California," Law360, February 2, 2012

Co-author, "Putting The Brakes On Class Certification Under Dukes," Law360, January 20, 2012

Chapter on Commerce Program, Philadelphia Court of Common Pleas Civil Practice Manual, 15th ed., 2011, and prior editions

"Unbounded Statutory Damages in Consumer Class Actions," The Review of Banking & Financial Services, Vol. 24, No. 11, November 2008

"Dealer Markup Cases: Is the End in Sight?" The Review of Banking & Financial Services, Vol. 21, No. 9, September 2005

Speaking Engagements

Frequent speaker and writer on consumer class action litigation and the Philadelphia Commerce Case Management Program

University of Pennsylvania Law School (J.D. 1981, cum laude)
Executive Editor, University of Pennsylvania Law Review

Duke University (B.A. 1978, summa cum laude)
Member, Phi Beta Kappa

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Western District of Pennsylvania

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Supreme Court