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Michael N. Onufrak Partner

Chair, General Commercial Litigation Group
Philadelphia, PA | Direct 215.864.7174Fax 215.789.7674
Cherry Hill, NJ
onufrakm@whiteandwilliams.com
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Michael Onufrak focuses his practice on complex commercial litigation arising from all forms of business disputes including real estate transactions, corporate acquisitions, construction contracts, partnership and shareholder disputes and intellectual property disputes including copyright, trademark and patent infringement. He often defends fellow professionals who have been accused of negligence and has been counsel of record in a number of libel and slander cases including some involving public figures, the First Amendment and the media. Mike also defends religious institutions in alleged priest abuse cases.

Mike represents local and national real estate developers and brokers as well as a number of general contractors and sub-contractors. He has handled numerous FINRA arbitrations and defended multiple class actions at the state and federal levels. 

Mike has argued or tried numerous commercial cases in local federal courts, the Pennsylvania and New Jersey Supreme Courts, the Third, Sixth and Federal Circuit Courts of Appeals, numerous other Federal Courts, and at the trial level throughout the states of Pennsylvania, New Jersey and Ohio. He has been counsel of record in numerous reported important appellate court decisions, some of which are collected below:

  • Quad/Tech v. Q.I. Press Controls, B.V., et al., 701 F. Supp. 2d 644 (E.D. Pa. 2010) (Robreno, J.) (Patent holder’s motion for preliminary injunction denied in case involving printing press technology) aff’d 413 Fed Cir. Appx. 278 Mar 21, 2011
  • Arista Records, Inc. v. Flea World, Inc., 78 U.S.P.G. 2d 1339 (D.NJ 2006) (Simandle, J.) (summary judgment motions granted in part and denied in part in litigation between RIAA and New Jersey Flea Market in dispute alleging contributory and vicarious copyright infringement arising out of the alleged sale of counterfeit CD’s by third parties on landowner’s premises)
  • Alan Ertel vs. The Harrisburg Patriot News, 674 A. 2d 1038 (Pa. 1996) (First Amendment libel case, in which summary judgment was granted in favor of the firm's client and was ultimately affirmed by the Pennsylvania Supreme Court.  The case is often cited by lawyers and judges as the leading case explaining Pennsylvania's standard for summary judgments)
  • Mortgagelinq Corporation vs. Commonwealth Land Title Insurance Company, 142 N. J. 336  (1995) (One of three landmark decisions clarifying New Jersey's Entire Controversy doctrine after several years of confusion)
  • Sherwood v. Kerry, 2006 WL 2228868 (E.D. Pa.) (Fullam, J.) (Motion to Dismiss libel case against presidential candidate’s Pennsylvania campaign manager granted under the First Amendment to the U.S. Constitution)
  • Select Medical v. Brock Hardaway, 2006 WL 859741 (E.D. Pa.) (Tucker, J.) (Employer’s motion for preliminary injunction denied following hearing in action against former executive employee working in health care industry)
  • Samuel Rappaport Family Partnership v. Meridian Bank, 657 A.2d 17, 441 Pa. Super. 194 (1995) (Judgment NOV affirmed in letter of credit case by alleged beneficiary against issuing bank following jury trial in Philadelphia Common Pleas Court)
  • Munoz v. City of Philadelphia, 2007 W.L. 2973837 (E.D. Pa.) (Bartle, J.) (Directed verdict at trial in favor of community development organization was proper since community development organization was not a state actor)
  • Darius International v. Robert O. Young, 2008 WL 1820945 (E.D. Pa) (McLaughlin, J.) (Covenant not to compete of unlimited duration terminated by the Court)
  • Chapski, et al. v. Moravian at Independence Square, 2 Pa D&C 5th (Phila. Commerce Ct. 2007) (Sheppard, J.) (Plaintiff’s fraud and conversion claims dismissed under gist of the action doctrine)
  • Bakke v. Elamir, 2006 WL 2085393 (N.J. Super. A.D. 2006) (Deficiency judgment against mortgagor in contested foreclosures of commercial properties in Hudson County New Jersey affirmed after non-jury trial)
  • Advanced Tubular Products v. Solar Atmospheres, Inc., 2004 WL 540019 (E.D. Pa.) (Schiller, J.) (Summary judgment granted in favor of electroplater accused of violating supply contract with manufacturer of drilling equipment)
  • Nancy Dinote v. United of Omaha Life Insurance Company, 331 F. Supp. 341 (E.D. Pa. 2004) (Summary Judgment granted in favor of insurer on plaintiff’s long term disability claim under ERISA plan)
  • In Re: Yes! Entertainment Corporation; Executive Sounding Board Associates v. Wham-O, Inc., 336 B.R. 203 (Br. Del. 2006) (Summary judgment granted in favor of plaintiff on certain of plaintiff’s royalty claims against defendant)

Representative Matters

  • Obtained dismissal of False Claims Act claims against defense contractor in case involving allegations of fraud on the U.S. Army
  • Co-counsel for majority owner of beer distributor in shareholder dispute against minority owner in two and half week trial in Delaware Chancery Court
  • Obtained summary judgment for attorney/director of public corporation sued by shareholders in federal court
  • Co-counsel for company that allegedly infringed multiple patents by selling a facsimile capable of being used as a printer or scanner via an interface circuit
  • Counsel for administrator of Philadelphia prison system in alleged class action filed by medical provider to promisors who alleged consistent underpayment of changes; class certification denied and affirmed on appeal by Pennsylvania Superior Court
  • Counsel for national funeral home consumer company sued in Delaware County in alleged consumer class action regarding substitution of polymer burial containers for concrete burial containers; class certification denied; no appeal
  • Served as counsel of record in a decision rendered by the Federal Circuit reversing the District Court's entry of summary judgment against the firm's client, declaring that certain patents were not invalid, and remanding the case for trial
  • Obtained a directed verdict on behalf of a construction subcontractor during a three-week jury trial in Federal Court
  • Obtained a verdict in Delaware Bankruptcy Court on behalf of a licensor of toy products against licensee

Recognition & Involvement

Mike serves as a judge pro tem in Philadelphia’s Commerce Court. 

Mike is AV® Preeminent™ rated by the Martindale-Hubbell peer review rating system.  

Events

Bar and Court Admissions

Pennsylvania

New Jersey

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Western District of Pennsylvania

U.S. Supreme Court

Education

Temple University School of Law, JD, 1984

University of Notre Dame, AB, 1981 

Memberships

Philadelphia Bar Association

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