Justin E. Kerner

Associate

kernerj@ballardspahr.com
Tel 856.761.3448
Fax 856.761.1020
New Jersey

Justin Kerner is an associate in the Litigation Department. He handles all aspects of complex commercial cases (including class actions) in state and federal trial courts. He also regularly handles appellate matters.

Produce and Transportation Matters

Prior to attending law school, Justin worked for several years in the produce and transportation industries, serving a variety of clients in the food and beverage sector. He worked with, met with, and resolved logistics issues for retailers, foodservice distributors, and produce wholesalers. He also negotiated freight contracts and managed relationships with dozens of freight companies (including brokers).

As an attorney, Justin has continued to build on that practical industry experience. Justin regularly drafts standard terms and contracts, pursues and defends claims for non-payment, demurrage, and damages, and otherwise resolves disputes with vendors, customers, and subcontractors. He has experience with FDA Audits, product recalls, and other matters that are specific to the produce industry.

Justin is a member of the Eastern Produce Council, and he is proud to participate in the Council’s 2020 Leadership Class.

Automotive Matters

Justin has defended a variety of products liability lawsuits brought against automotive manufacturers, automotive distributors, and automotive component manufacturers, including both single-plaintiff lawsuits and class actions. He has been successful in accelerating the dismissal or resolution of these complex cases through jurisdictional motions, motions to dismiss, and creative settlement structures.

Banking Matters

Justin has also defended a number of cases brought against banks, in which receivers or private litigants have asserted that the Bank committed some tort by opening, permitting deposits into, or permitting withdrawals from bank accounts. Typically, these cases involve some form of complex fraud in which non-party fraudsters have stolen funds from unsuspecting victims.

Other Matters

Justin's other litigation experience is varied, including litigation pertaining to environmental liability, fraud, insurance coverage, IP infringement, and other commercial disputes. He has drafted appellate filings 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 filings for private litigants in each district court within the Third Circuit, and in various federal and state trial courts throughout the country.

Pro Bono & Volunteer 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, and he is participating in the ADL’s Glass Institute and the Jewish Federation of Southern New Jersey’s Leadership Institute.

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

Eastern Produce Council, 2020 Leadership Class

Jewish Federation of Southern New Jersey, Federation Leadership Institute

Villanova Law Alumni Association, Board of Advisors

J. Willard O'Brien American Inn of Court

Recognitions and Accomplishments

The Best Lawyers in America "Ones to Watch," – Commercial Litigation (Cherry Hill), 2021

Publications

Co-author, "Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis," ALM Business Crimes Bulletin, May 2020

Co-author, "New Jersey Appellate Court Limits Natural Resource Damage Claims Based on Common Law Theories," Ballard Spahr alert, April 9, 2020

Co-author, "PA Federal Court Nixes Out-of-State Business Entities' Supposed 'Consent' to General Personal Jurisdiction as Unconstitutional," Ballard Spahr alert, June 11, 2019

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

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)

New Jersey

Pennsylvania

New York

U.S. Supreme Court

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Southern District of New York

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

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

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

U.S. Bankruptcy Court for the District of New Jersey