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Joshua Kirsch focuses his practice on the defense of professionals in medical and legal malpractice actions. He also continues to build upon his extensive commercial litigation experience, successfully undertaking the representation of clients in a wide array of business disputes. These actions range from intellectual property matters entailing claims of copyright and trademark infringement, to actions implicating claims of tortious interference with contractual relations and specific performance.
Joshua strives to provide dedicated, straightforward, efficient representation to his clients. His advocacy has produced numerous zero-liability outcomes in defense matters, and he has helped to facilitate the recovery of millions of dollars when serving as plaintiff’s counsel. Moreover, he has demonstrated himself as being particularly adept at resolving difficult matters, even when those matters are emotionally charged.
- Successfully defended physicians against claims in which the damages model against them was in excess of $20,000,000;
- Secured the dismissal on preliminary objections of an action of two attorneys and their firm accused of violating the Dragonetti Act surrounding the failed prosecution of a partnership claim;
- Assisted in obtaining a multi-million dollar recovery for joint-venturers in claims relating to the acquisition and development of property;
- Successfully represented a governmental entity in an eminent domain proceeding for the construction of a public library;
- Successfully appeared before Pennsylvania's Superior Court;
- Successfully represented manufacturer of picture frames against allegations of trade dress and copyright infringement;
- Successfully obtained the dismissal on motion for judgment on the pleadings of an action against a manufacturer of roofing shingles, with recourse to a limited warranty operating as a time-bar to the Plaintiff's claims;
- Successfully represented a distributor of pharmaceuticals for nonpayment of products purchased and delivered;
- Successful first-chair arbitration experience, defending an insurance agency against a claim of professional negligence concerning the alleged failure to procure proper coverage on behalf of its insured.
Litigation
Professional Liability
Intellectual Property Litigation
J.D., Albany Law School, 2001, summa cum laude, Associate Editor, The Albany Law Review; Justinian Society
B.A., State University of New York at Albany, 1998, summa cum laude, Phi Beta Kappa and Golden Key National Honor Society
New York
Pennsylvania
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Southern and Eastern Districts of New York
- Acknowledged as contributing to the PBI 2011, 2012, and 2013 Professional Liability Updates authored by Peter J. Hoffman.
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“Vehicle Law, Doctor-Patient Privilege Beat DWI Warrant,” co-authored with Alexander G. Bateman, Jr., New York Law Journal, Outside Counsel, February 2007.
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“Settling Cases Early in the Litigation Process,” co-authored with Christine McInerney, Nassau Lawyer, Vol. 56, No. 1, September 2006.
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“End of Mandatory Arbitration in N.Y.? GBL Section 399-C Gains Traction,” co-authored with Stephen E. Kesselman, New York Law Journal, Outside Counsel, May 2006.
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