Michael Metz-Topodas

Partner

Philadelphia, Harrisburg
mmt@cohenseglias.com
267.238.4755

Experience

Obtained voluntarily withdrawal with prejudice of all claims against an asbestos abatement subcontractor in a shareholder ownership dispute after conducting cross-examination at trial that elicited multiple plaintiff impeachments. As first-chair, handled all aspects of litigation, including case strategy, pleadings, discovery, depositions, pre-trial motions, and trial preparation.
Won favorable jury verdict and full damages award in a concrete supplier’s negligence action against an aggregate transport company, which delivered stone contaminated with salt due to failure to clean its trucks. As co-chair, conducted direct and cross-examinations, argued all trial motions, drafted all pre- and post-trial motions, and prepared pre-trial materials, including lines of questioning and exhibits.
Defeated preliminary objections to a Mechanics’ Lien claim by arguing that the purely public purpose exception to lien claims did not apply to a low-cost housing renovation project that had only partial government funding and financing and limited and discrete public benefit.
Achieved favorable arbitration decision denying almost all claims against a general contractor related to two separate wastewater treatment plant projects where the site subcontractor alleged wrongful contract termination and unpaid extra-contractual work.
Defeated petitions for temporary restraints and preliminary injunction by successfully challenging plaintiff’s alleged oral corporate ownership agreement and thereby preventing the court from freezing the client’s construction business operations.
Successfully defended against an emergency injunction action, including preparing briefing and participating in oral argument, so that client could continue performing a public dredging project for shoreline and bay areas.
Achieved the voluntary withdrawal of federal action against a client after drafting and filing successive motions to dismiss for plaintiff’s failure to state a legally valid claim under the Racketeering Influenced and Corrupt Organizations Act (RICO).
Secured the reversal of a trial court’s decision to vacate an arbitration award in client’s favor by successfully pointing out the court’s errors of law and fact through a 1925(b) statement of matters complained of on appeal.
Achieved the voluntary withdrawal of both plaintiff’s individual and class Telephone Consumer Protection Act (TCPA) claims after preparing a motion to strike the class action that showed that the putative class failed to meet Rule 23’s ascertainability and predominance requirements.
Won the denial of almost all claims against a multi-national private label beverage manufacturer in an arbitration of a $10 million asset purchase agreement dispute and participated in all phases of the proceeding—including conducting direct and cross examinations, drafting briefs, and preparing all hearing materials.
Obtained a voluntary dismissal—after filing preliminary objections—of all claims against client’s title insurer in a commercial real estate broker’s almost quarter-million dollar fee action brought under Pennsylvania’s Commercial Real Estate Broker’s Lien Act.

Overview

As a construction litigator, Michael represents general contractors, subcontractors, owners, designers, and suppliers through all stages of private, public, and federal projects. He helps clients navigate construction project disputes, including delay and inefficiency claims, design and construction defects, unforeseen site conditions, project scope disputes, and payment claims. Michael also pursues mechanics liens, bond claims, and Miller Act claims. Clients rely on him for real-time counseling on business matters on ongoing projects, including contract disputes, compliance issues, and Occupational Safety and Health Administration (OSHA) enforcement and investigations. Michael also drafts, reviews, and negotiates a range of construction and commercial contracts, including general contractor and subcontractor agreements, master service agreements, and supplier/vendor purchase orders.

Michael’s practice includes all phases of litigation in both federal and state court, from pre-litigation counseling and case assessment to mediations and settlements, trials and arbitrations, and appeals. He has tried or arbitrated multiple cases as both first and second chair. Michael also has substantial experience in briefing and oral argument for substantive and procedural motions and in advising clients on eDiscovery issues. In addition, he frequently defends clients in commercial disputes involving corporate ownership and shareholders’ rights, insurance coverage issues, and Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA) claims.

Before joining Cohen Seglias, Michael represented clients in a range of business sectors and industries—telecommunications, construction, manufacturing, pharmaceutical, and education—across a wide scope of issues, such as breach of contract, labor and employment, statutory and regulatory compliance, corporate governance, products liability, and free speech.

As a law clerk to The Honorable William H. Yohn Jr. in the United States District Court for the Eastern District of Pennsylvania, Michael assisted the court on civil matters concerning issues such as title insurance rate regulations, unfair real estate lending practices, civil rights, and employment discrimination.

Before attending law school, Michael taught history and political science in private and public schools both abroad in Switzerland and Korea and here in the United States, including Strath Haven High School, in Wallingford, Pennsylvania.

Michael Metz-Topodas

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