Donald A. Klein focuses on general litigation, with particular emphasis on procedural issues and summary judgment. He has extensive experience involving libel defense and other First Amendment issues, including the defense of false light, intrusion, misappropriation, and truthful publication of private facts cases, and the law of publicity; appellate litigation in proceedings in state and federal courts; and trade secrets and temporary restraining orders/preliminary injunctions.

Experience

• Fortune v. Schiavone, 477 U.S. 21, 91 L.Ed.2d 18, 106 S.Ct. 2379 (1986) (deciding limitation of actions and First Amendment issues)
• Schiavone Construction Co. v. Time, Inc., 847 F.2d. 1069 (3rd Cir. 1988) (appeal from summary judgment involving public figure, “libel proof,” fair report privilege, and constitutional actual malice issues)
• Cooper Distributing Co. Inc. v. Amana Refrigeration, Inc., 180 F.3d 542 (3rd Cir. 1999) (applying New Jersey Franchise Practices Act to damage issues)
• Suter v. Munich Reinsurance Co., 223 F.3d 150 (3rd Cir. 2000) (involving the right of a foreign reinsurer to remove an adversary complaint from a state liquidation proceeding and to demand arbitration of the dispute)
• Aegis Ins. Servs. Inc. v. Port Authority of NY & NJ, 2011 WL 2449494 (3rd Cir. 2011) (affirming dismissal of various claims by Consolidated Edison against The Port Authority of New York and New Jersey relating to the collapse of World Trade Center 7 on September 11, 2001)
• Tellado v. Time-Life Books, 643 F.Supp. 904 (D.N.J. 1986) (analyzing use of plaintiff’s photograph in advertisement for book series on Vietnam War)
• In re Farber, 78 N.J. 259 (1978) (addressing protection of confidential information subpoenaed by defendant in murder trial)
• Turf Lawnmower Repair, Inc., v. Bergen Record Corporation, 139 N.J. 193, 655 A. 2d 417 (1995), cert. denied, 516 U.S. 1066 (1996) (applying actual malice standard to consumer report under New Jersey common law)
• In re Integrity Ins., 165 N.J. 75, 754 A 2d 1177 (2000) (addressing the right of a liquidator to assert deliberative process privilege in discovery)
• State v. Grecco, 187 N.J. Super. 421 (App. Div. 1982) (press entitled to extant transcripts used by court and counsel in pretrial hearing not closed to public even if such transcripts are not yet in evidence)
• Gomez v. Murdoch, 193 N.J. Super. 595 (App. Div. 1984) (jockey held to be public figure)
• Blazer Corp. v. N.J. Sports and Exposition Auth., 199 N.J. Super. 107 (App. Div. 1985) (pleading of supplemental jurisdiction where federal litigation involves both federal and state issues)

Previous Experience

Mr. Klein formerly served in the U.S. Navy as a legal officer in the Judge Advocate General's Corps (1973-1975).

Awards and Honors

Martindale-Hubbell — A/V Rated