Michael Metz-Topodas

Associate

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

Michael focuses his practice on both construction and commercial litigation. He handles a range of matters in his construction litigation practice, including delay and inefficiency claims, design and construction defects, bond claims and mechanics liens, and differing site conditions cases. He also 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.

Michael has substantial experience in all phases of litigation, including pre-litigation counseling, case assessment, pleadings, written discovery, document production, taking and defending depositions, briefing and oral argument for substantive and procedural motions, mediations and settlements, trial and arbitration advocacy, and post-arbitration proceedings. He frequently handles appealing trial court decisions in both federal and state court. Michael’s litigation practice also includes advising clients on e-discovery issues, such as preservation, collection, production, and protective orders, with a focus on using cost-effective methods to comply with discovery obligations.

Clients rely on Michael for real-time counseling on business matters in ongoing public and private projects, including contract disputes and compliance issues. Michael also helps clients with issues related to Occupational Safety and Health Administration (OSHA) enforcement and investigations. He 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.

Before joining Cohen Seglias, Michael practiced commercial litigation and 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 of 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.

While in law school, Michael served as a note-comment editor for the Temple Law Review, participated in moot court, and earned recognition as the evening student with the highest scholastic rank. 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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