John J. Jacko, III

Partner

P: 215-253-6634
F: 215-751-1744
E: John@fellheimer.net

 

John represents clients in the areas of business and commercial litigation, banking and creditor’s rights law, and consultant negligence. He also handles a wide range of employment litigation matters encompassing confidentiality and non-competition agreements, Title VII, the Americans with Disabilities Act, the Occupational Safety and Health Act, and the Fair Labor Standards Act.

John has also represented various creditors, franchisors, manufacturers, and Phase I Environmental Site Assessment consultants as both plaintiff and defense counsel in numerous intellectual property, RICO, asset recovery, and sophisticated commercial landlord/tenant disputes. On behalf of franchisors and corporate clients, he has successfully litigated issues involving Lanham Act trademark infringement and false advertising claims, copyright infringement, and unfair competition.

John has defended and prosecuted negligence claims involving Phase I Environmental Site Assessment consultants and dealt with matters concerning restrictive covenant enforcement, franchise encroachment, and the Truth-in-Lending-Act.

John was selected to the Pennsylvania 2015-2018 Super Lawyers® and 2006 & 2005 Super Lawyers Rising Stars® lists for Business Litigation. The Super Lawyers® lists are issued by Thomson Reuters. A description of the selection methodology can be found at https://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Outside the office, John is an avid runner and pool player. He is also fluent in American Sign Language.

Noteworthy Cases

  • Tepper v. Amos Financial, LLC, 2018 WL 3733862 (3d Cir. Aug. 7, 2018) (successfully defended appeal resulting in precedential opinion affirming Federal Debt Collection Practices Act judgment awarded in Tepper v. Amos Financial LLC, 2017 WL 3446886 (E.D. Pa. Aug. 11, 2017), and holding that businesses that purchase and collect defaulted debts are debt collectors subject to enforcement under that Act).
  • Customers Bank v. Reitnour Inv. Properties, LP, 453 N.J. Super. 338, 343, 181 A.3d 1038 (App. Div. 2018) (affirming, in favor of defendant mortgagor against plaintiff bank that breached settlement agreement with unclean hands, trial court’s order 1) vacating an earlier foreclosure judgment by default, 2) reinstating the foreclosure judgment and declaring it satisfied, and 3) ordering the return of nearly $29,000 of overpayment)
  • Tepper v. Amos Financial LLC, 2017 WL 3446886 (E.D. Pa. Aug. 11, 2017) (Joyner, J.) (granting judgment after bench trial awarding statutory damages and reasonable attorneys’ fees and costs in favor of plaintiff consumers for defendant debt collector’s wrongful actions in violation of Fair Debt Collection Practices Act).
  • Berger v. Weinstein, 2016 WL 1359459, at *6 (E.D. Pa. Apr. 6, 2016) (as to intervenors and alleged 50% partner that were not judgment debtors and their opposition to a motion for preliminary injunction against an alleged family partnership, district court refused to (1) declare the existence of a partnership, (2) issue a charging order thereon, or (3) “retitle assets that were legally placed into [the judgment debtor’s wife’s] name” in post-judgment supplementary execution proceedings and only granting preliminary injunction as to judgment debtor’s and his wife’s property interests), aff’d sub nom. Berger v. Zeghibe, 666 F. App’x 119 (3d Cir. 2016).
  • Universal Enterprise Group, L.P. v. Duncan Petroleum Corporation, 2013 WL 3353743 (Del. Ch. July 1, 2013) (granting judgment of nearly $1.5 million for breach of real estate sales contract against sellers of portfolio of gas stations after securing settlement of $2.3 million against co-defendant environmental consulting firm)
  • ADI Technologies, Inc. v. MILSPRAY, LLC and KTCB Enterprises, LLC, No. 1:06CV1383, 2012 WL 13018655 (E.D. Va. Dec. 10, 2012), amended in part, No. 1:06CV1383, 2013 WL 12250012 (E.D. Va. Jan. 16, 2013) (granting judgment of $409,856.25 to government marketer in settlement enforcement proceeding due to defendant contractors’ failure to pay commissions on sales of products and services under the parties’ settlement and rejecting defendant contractors’ “clawback” claims for reimbursement of approximately $178,000 in alleged overpayments of commissions under the settlement)
  • Amentler v. 69 Main Street, LLC, 2012 WL 28194 (D.N.J. 2012) (representing the plaintiffs who successfully secured a partial denial of a motion for summary judgment to significant portions of the claims asserted in a multi-defendant civil rape and wrongful termination action where the court allowed the plaintiffs to proceed to trial as to a number of intentional tort, Dram Shop Act and multiple statutory civil rights claims)
  • Edible Arrangements Intern., Inc. v. Chinsammy, 446 Fed. Appx. 332 (2nd Cir. 2011) (affirming district court’s discretionary denial of competitor franchisor’s motion and claim for punitive damages exceeding $450,000, and holding that the jury’s verdict award of punitive damages on a claim of unjust enrichment contravened Connecticut law)
  • PNC Bank, N.A. v. Bluestream Technology, Inc., 14 A.3d 831 (Pa. Super. 2010) (holding pendency of a prior action can be a meritorious defense even where strict identity of actions not present and reversing trial court, opening confessed judgment, and remanding with direction to stay proceedings pending disposition of judgment debtor’s prior action against judgment creditor and others)
  • Synygy, Inc. v. ZS Associates, Inc., – Fed. Appx. –, 2009 WL 1532117 (3d Cir. June 1, 2009) (vacating district court’s dismissal on Rule 19 failure to join indispensible parties and forum non conveniens grounds and remanding for reconsideration and careful evaluation of multiple issues raised by the dismissal motion)
  • In the Matter of: Colamco, Inc., SBA No. SDBA-176, 2007 WL 5614085 (S.B.A. Oct. 18, 2007) (granting recertification of small disadvantaged business on appeal and determining denial by DC/SDBCE to be arbitrary, capricious, and contrary to law)
  • Athlete’s Foot Marketing Associates, LLC v. FL Consulting, Inc., 2007 WL 1321199 (D.N.J. May 4, 2007) (granting preliminary injunction against franchisee)
  • Foundation Credit Funds, LLC v. Branch Banking and Trust Co., 2006 WL 3780677 (D.N.J. Dec. 21, 2006) (granting dismissal of abuse of process, malicious use of process, and tortious interference with contract claims)
  • Lavelle v. M&T Mortgage Corp., 2006 WL 2346320 (E.D. Pa. Aug. 11, 2006) (granting dismissal in case of first impression under federal TiLA statute)
  • Size Appeals of Technical Support Services and Vanguard Resources Corp., Nos. SIZ-2006-04-03-22 and SIZ-2006-04-07-25, 2006 WL 1810837 (S.B.A. Jun. 20, 2006) (sustaining size appeal relating to familial affiliation issues)
  • KJ Loughery, Inc. v. KRK, Inc., CCH Bus. Fran. Guide Par. 13170 (E.D. Pa. 2005) (granting preliminary injunction enforcement of restrictive covenant against franchisee)
  • Philadelphia Factors, Inc. v. The Working Data Group, Inc., 2003 WL 22250345 (Pa. Com. Pl., Phila. Cnty. Sept. 16, 2003) (grant of preliminary objections to counterclaims for conversion), affirmed, 2004 Pa. Super. 153, 849 A.2d 1261, 2004 WL 944064 (2004)
  • Saint-Gobain Calmar, Inc. v. National Products Corp., 230 F. Supp.2d 655 (E.D. Pa. 2002) (granting motion for transfer in patent infringement action)
  • Century 21 Real Estate Corp. v. DiGennaro Real Estate, Inc., 2002 U.S. Dist. LEXIS 1456, 2002 WL 126631, CCH Bus. Fran. Guide Par. 12,260 (E.D. Pa. 2002) (granting motion for contempt against former franchisee)
  • Saladworks, Inc. v. Fornito, CCH Bus. Fran. Guide Par. 11683 (D.N.J. 1999) (granting motion to compel arbitration against franchisee)

Recognition & Accomplishments

  • John Jacko was rated “Distinguished” by Martindale-Hubbell® in its 2018 Peer Review Ratings™. The Peer Review Ratings™ are issued by Martindale-Hubbell®. A description of the rating selection methodology can be found at http://www.martindale.com/Products_and_Services/Peer_Review/FAQ.aspx. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
  • John Jacko was selected to the Pennsylvania 2015, 2016 & 2017 Super Lawyers® and 2006 & 2005 Super Lawyers Rising Stars® lists for Business Litigation. The Super Lawyers® lists are issued by Thomson Reuters. A description of the selection methodology can be found at https://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

 

Publications

  • The Potential Impact Of The Arbitration Fairness Act Of 2007,” in Inside Supply Management, Vol. 19, No. 3 (March 2008)
  • “The Arbitration Fairness Act of 2007: Are the Days of Mandatory Arbitration Provisions Numbered?,” in LJN’s Franchising Business & Law Alert®, Vol. 14, No. 1 (October 2007)
  • “Third Circuit Decides That Waiver Of A Contractual Right To Arbitrate Based On Litigation Conduct Is Presumptively An Issue For The Court,” in ABA Forum on Franchising’s The Franchise Lawyer, Vol. 11, No. 1 (September 2007)
  • “Uncle Sam Offers Small Law Offices More Reason to Promote Employment and Workplace Access,” in Aspen Publishers Of Counsel, Vol. 25, No. 12 (December 2006)
  • “Honesty Is Fundamentally the Best Policy,” in LJN’s Franchising Business & Law Alert®,Vol. 13, No. 2 (November 2006)
  • “Federal Tax Incentives for Small Business,” in ALM’s Employment Law Strategist®, Vol. 14, No. 6 (October 2006)
  • “Tax Incentives Encourage Businesses to Give Hand to the Disabled,” in Tax Incentives Alert, Vol. 5, No. 10 (October 2006)
  • “Access to SBA Contracts,” in LJN’s Franchising Business & Law Alert®, Vol. 12, No. 11 (August 2006)
  • “Are Mortgage Loan Transactions Really Subject to Private Actions Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law?” 76 Penn BQ 171 (2005)
  • “Accounts Receivable, Varying Approaches to Reducing a Company’s Risk,” Smart Business Philadelphia (November 2005)
  • Contributing author to The Fair Labor Standards Act published by the Bureau of National Affairs, Inc.; the 1995 and 1996 annual reports of the ABA’s FLSA Subcommittee; and a supplemental chapter of Occupational Safety and Health Law
  • “Know Your Employment Rights Under the ADA” in the Silent News, 1996

Honors/Awards

  • John Jacko was rated “Distinguished” by Martindale-Hubbell® in its 2017 Peer Review Ratings™. The Peer Review Ratings™ are issued by Martindale-Hubbell®. A description of the rating selection methodology can be found at http://www.martindale.com/Products_and_Services/Peer_Review/FAQ.aspx. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
  • John Jacko was selected to the Pennsylvania 2015, 2016 & 2017 Super Lawyers® and 2006 & 2005 Super Lawyers Rising Stars® lists for Business Litigation. The Super Lawyers® lists are issued by Thomson Reuters. A description of the selection methodology can be found at https://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
 
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