Justin Kerner is a senior attorney in the Litigation Department. He handles all aspects of complex commercial and consumer finance cases, including class actions, in state and federal trial courts. He also regularly handles appellate matters.
In the consumer finance space, Justin has experience with the Fair Credit Reporting Act (FCRA), the Telephone Consumer Reporting Act (TCPA), and deposit fraud matters, including wire transfer and account opening disputes.
Experience
Banking and Consumer Finance Matters
Justin regularly defends banking clients in retail branch disputes involving deposit accounts and other payment methods, including disputes arising under Articles 3, 4, and 4A of the Uniform Commercial Code.
Representative Matters
- Rideout v. Wells Fargo Bank, N.A., No. 21-3326, 2021 U.S. Dist. LEXIS 202872 (E.D. Pa. Oct. 21, 2021) (granting motion to dismiss claims arising from allegations of wrongful account opening)
- Albino Constr. Co. v. Wells Fargo Bank, N.A., No. 21-35, 2021 U.S. Dist. LEXIS 114781 (E.D. Pa. Jun. 17, 2021) (granting motion to dismiss negligence claim premised on bank’s supposed duty to assist borrower with PPP loan application)
- McNeil v. Wells Fargo Bank, N.A., No. 20-6319, 2021 U.S. Dist. LEXIS 30052 (E.D. Pa. Feb. 18, 2021) (granting motion to dismiss claims arising from erroneous report of plaintiff’s death)
- DeFazio v. Wells Fargo Bank, N.A., No. 20-375, 2020 U.S. Dist. LEXIS 66848 (D.N.J. Apr. 16, 2020) (granting motion to dismiss claims of wrongful receipt of wire transfer)
Produce and Transportation Matters
Before attending law school, Justin worked in the produce and transportation industries, serving a variety of clients in the food and beverage sector. He continues to represent and advise trucking companies, freight forwarders, third-party logistics providers, and fresh produce vendors on legal matters impacting their day-to-day business. He has advised such companies on matters including form contracts, UCC liens, product recalls, and FDA audits.
Other Matters
Justin’s other litigation experience is varied, including litigation pertaining to real estate appraisals, environmental liability, insurance receiverships, intellectual property disputes, and other commercial disputes. He has drafted appellate briefs for private litigants, governmental entities, and amici curiae in the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the Eleventh Circuit, and state appellate courts in California, New Jersey, New York, and Pennsylvania. He has also drafted briefs and other filings for private litigants in each district court within the Third Circuit, and in various federal and state trial courts throughout the country.
Professional Highlights
Pro Bono Experience
Pro bono work and volunteer work are a critical part of Justin’s practice. He is currently helping a Venezuelan man pursue asylum in the United States. In the past, he has handled a variety of pro bono matters, including civil rights matters, uninsured motorist lawsuits, motions for release of detained immigrants, and u-Visa applications.
Justin also has experience with civil rights matters. In 2018, as court-appointed counsel, Justin successfully argued before the United States Court of Appeals for the Third Circuit for reinstatement of an inmate’s claims, which arose from his prolonged assignment to the Secured Housing Unit and deprivation of appropriate medical treatment. In 2020, in a separate matter, Justin will present Eighth Amendment sexual assault and First Amendment retaliation claims in a jury trial in the United States District Court for the Eastern District of Pennsylvania.
Justin also serves as a Judge Pro Tem for the Philadelphia County Court of Common Pleas.
Judicial Clerkships
Hon. Robert E. Cowen, U.S. Court of Appeals for the Third Circuit, September 2013-September 2014
Hon. Mary L. Cooper, U.S. District Court for the District of New Jersey, September 2011-September 2013
Hon. Michael J. Koury, Jr., Northampton County (Pa.) Court of Common Pleas, August 2010-August 2011
Professional Activities
Philadelphia Court of Common Pleas, Judge Pro Tem
ADL, Glass Leadership Institute
Jewish Federation of Southern New Jersey, Federation Leadership Institute
Recognition & Accomplishments
The Best Lawyers in America "Ones to Watch," – Commercial Litigation, 2021-2024; "Ones to Watch," - Appellate Practice (Mount Laurel) 2023, 2024
Publications
Co-author, "Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis," ALM Business Crimes Bulletin, May 2020
Co-author, "Local Thoughts on Global Class Actions," Law360, January 2, 2019
"Taking Control of Class Actions from the Beginning," The Labor Dish blog, February 18, 2015
"'It's Third and Eight!' – The Third Circuit Adopts an Eight-Factor Test for Likelihood of Confusion in False Enforcement Cases and Flags Related Defenses in Facenda v. NFL Films," 32 HASTINGS COMM. & ENT. L.J. 111, 2009
"Labor Pains: the Seventh Circuit Distorts the PDA to Bar Discrimination Based on In Vitro Fertilization," 24 WIS. J.L. GEN. & SOC. 117, 2009
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Credentials
Education
Villanova University School of Law (J.D., magna cum laude, 2010)
Order of the Coif
Managing Editor of Symposia, Villanova Law Review
Recipient, Hyman-Goodman Award, for outstanding service to the law school community
Recipient, Joseph R. Wenk Award, for outstanding commitment to the Civil Justice Clinic
Recipient, Dorothy Day Award, for pro bono service
The College of New Jersey (B.S. 2002)
Admissions
New Jersey
Pennsylvania
New York