David R. Moffitt

David Moffitt handles a variety of complex civil litigation matters, government contract disputes, real estate disputes, and government investigations. David represents Fortune 500 companies, middle-market companies, real estate developers, builders, and owners, and individual businesspersons in damages and injunction actions in federal court, state court, and arbitration.

Recently, an area of concentration for David has been real estate litigation.  Current representations (2015) include:

  • Quiet title litigation in Lehigh County challenging a restrictive covenant interfering with a client’s development of a 200-acre site for a regional hub facility.
  • Litigation in the Pennsylvania Supreme Court to enforce a commercial developer’s prescriptive easement over a shopping center property.
  • Litigation in Delaware County to compel a township to honor existing non-conformities regarding parking and permit our client’s proposed development of a mixed-use center to proceed.
  • Litigation in Chester County over post-closing compensation allegedly due under a $7.5 million agreement of sale.
  • Litigation to eject neighbor from a Pennsylvania School District’s property.

Just a few of David’s many recently concluded representations (2010-2014) include:

  • Successful defense of $8 million lender liability action against owner of cell tower properties in Delaware Supreme Court.
  • Successful prosecution of claim for specific performance against reluctant seller of portfolio of cell tower sites in Delaware Chancery Court.
  • Successful opening of $4 million judgment in Morris County, New Jersey against guarantors of loans to develop restaurant property.
  • Successful defense of suit (including trial) between limited and general partners in a restaurant venture.
  • Court-approved settlement of clients’ class action claims against city of Newark, Delaware resulting in substantial reduction in excessive rental permit fees.
  • Successful defense of broker’s lien claim and unprecedented award of attorney fees by Pennsylvania Superior Court under Pennsylvania’s Broker’s Lien Act.

In addition, David represents government contractors in bid protests, claims, termination settlements, subcontractor disputes, and compliance matters. He has acted as in-house government contracts counsel for two of the largest aerospace defense contractors in America. David also defends government investigations and enforcement actions by the U.S. Department of Justice, the U.S. Department of Defense, the U.S. Department of Health & Human Services, and state Medicaid Fraud Control Units. Although David’s practice encompasses a wide variety of substantive law, an area of concentration for him has been matters involving government enforcement of heavily regulated industries and companies that do business with the government, including the defense industry, the health care industry, and government contractors.


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