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Wally Zimolong - Zimolong Law
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About Wally Zimolong

 

A union adversary once publicly decried Wally as “a destructive force.”  Wally has dedicated his entire legal career to representing developers and contractors in disputes between themselves, unions, and the government. He is a veteran trial lawyer with vast trial experience having acted as lead plaintiff or defense counsel in nearly 500 cases in federal and state court, private arbitration, and before government administrative law judges.  He has tried numerous cases to verdict and and boasts an undefeated jury trial record.

 

Wally was named one of Super Lawyers Magazine’s “Super Lawyers” in the areas of construction litigation, construction law, and labor law.  Previously, before turning 40, Super Lawyers Magazine named him a “rising star” for 5 consecutive years.  He is a Construction Lawyers Society of America (CLSA) Fellow. The CLSA is an invitation-only international honorary association composed of preeminent lawyers specializing in construction law and related fields.  Fellowship is limited and selective, with lawyers being invited into Fellowship upon a proven record of excellence and accomplishment in construction law at both the trial and appellate levels.

 

As a staunch believer in the Constitution and free enterprise, he has ferociously defended contractors and developers that are threatened, coerced, and bullied by the federal, state, and local government and unions.  He has represented clients in countless matters before administrative agencies, in particular, the National Labor Relations Board and OSHA.  He counsels client on dealing with, avoiding, and de-certifying unions.  His counsel includes obtaining injunctive relief preventing unions from disrupting his clients’ businesses.  Journalists frequently seek out Wally to comment on labor law related stories and his commentary has appeared in the Wall Street Journal, Boston Globe, Philadelphia Inquirer, and Philadelphia Business Journal.

 

In 2016, he obtained a landmark jury verdict against a sitting member of Philadelphia City Council for violating his client’s First Amendment Right to free speech. The case received wide spread media attention and news of the verdict appeared on the front page of Philadelphia’s largest newspaper, the Philadelphia Inquirer.

 

In 2012, he was asked to represent a high school student who was forcibly removed from class for wearing a t-shirt supporting the campaign of Mitt Romney. Wally successful sued the Philadelphia School District and the teacher for violating his client’s first amendment rights.

 

In 2010, he obtained a judgment in federal court against the City of Philadelphia for unlawfully seizing his real estate developer client’s property without due process of law with his client receiving significant monetary damages and an award of attorney’s fees.

 

He regularly assists clients with investigations brought by the Department of Justice, Department of Labor, National Labor Relations Board (NLRB), and the City of Philadelphia Department of Licenses & Inspections (L&I).

 

He has also successfully defending and stopped numerous illegal picketing campaigns by building trade unions.

His approach is described by the following testimonial

“A destructive force.”

-Union Adversary

When he is not practicing law, Wally enjoys supply side economics and is a passionate free market conservative who actively supports the Republican Party. His litigation experience includes conservative public interest litigation. He is a member of United States Senator Pat Toomey’s Military Academy Selection Committee. In 2008, he was the elected Republican Candidate for State Representative for the (extremely liberal) 182nd District of Pennsylvania and received more votes than John McCain in the district. In 2008, he also acted as a surrogate speaker for McCain/Palin.

 

He also enjoys hunting and college football and spending time at home with his wife Shannon and his four children, two humans and two dogs, a black Labrador Retriever named Bubba and a Havenese named Rebel.  Luckily they generally tolerate his political opinions.

 

For more information about Wally please visit www.supplementalconditions.com.

 

Wally can be reached at wally@zimolonglaw.com

Cases Tried to Verdict and Reported Decisions

Feibush v. Councilman Kenyatta Johnson, 2016 WL 4478775 (E.D.Pa. 2016), obtained landmark jury verdict against a Philadelphia City Councilman who retaliated against an outspoken real estate developer and caused the City of Philadelphia to cancel the sale of a parcel of property to a real estate developer.

 

Aurora Financial Group, Inc. v. S.H. Phillips, et. al. (E.D. Pa. 11-cv-0441).  Obtained a jury verdict in favor of mortgage servicing company against real appraiser for negligently prepared appraisals that caused the servicing company to have to purchase back mortgage it sold to Fannie Mae.

 

Feibush v. Nesmith (Phila. CCP. 2015).  obtained jury verdict against political consultant who failed to deliver services to candidate on election day.

 

J. Rihl, Inc. v. Loftus Construction (N.J.Super.Ct. L-22-07).  obtained bench trial verdict in favor of plaintiff in construction dispute.

Carpenters Health & Welfare Fund v. Management Resource Systems, et. al., 2015 WL 2395152 (E.D.Pa. 2015). Obtained dismissal of a complaint brought by the Carpenters Union seeking to audit client’s books in order to collect union fringe benefit funds. The Court dismissed the complaint finding that his client never agreed to be bound by the union’s collective bargaining agreement.

 

Fair Housing Rights Center in Southeastern Pennsylvania v. Post Goldtex GP, LLC, et. al., 2015 WL 171840 (E.D.Pa. 2015) (obtained dismissal of FHA group’s claim that multimillion dollar apartment renovation project violated the FHA design and accessibility requirements.)

 

Bullard v. City of Philadelphia, 2012 WL 460306 (E.D.Pa 2012) (obtained summary judgment in favor student housing developer in civil rights/violation of due process action brought after the City of Philadelphia tore down a property under construction.

 

V.A.L. Floors v. 1419 Tower, L.P., 2008 WL 1977840 (E.D.Pa., 2009).(defeated developer’s motion to consolidate payment action with larger action involving novel issues unrelated to client’s case.

 

Quinn Construction v. Skanska USA Building, Inc., 2008 WL 2389499 (E.D.Pa.2008). (defeated motion for summary judgment filed by design professional who claimed that a certificate of merit was required in order to maintain a claim of negligent misrepresentation. The opinion lead to a change in the Pennsylvania Rules of Civil Procedure on certificates of merit.

Quinn Construction v. Skanska USA Buildings, Inc., 2008 WL 5187391 (E.D.Pa.2008). (opinion discussing the duties of a surety bond agent to indemnify and hold harmless an oblige.)

 

Philadelphia Construction Services v. Allan Domb, 903 A.2d 1262 (Pa.Super.2006) (appellate court sustained dismissal of mechanics lien claim by trial court and ruled that subcontractor’s decision to walk off a construction project precluded subcontractor from complying with the requirements of the mechanics lien law.)

 

Publications

 

“Minority Contracting Program Compliance,” Construction Executive Risk Management, March 11, 2014

“The Spearin Doctrine as a Defense to Defective Workmanship Claims,” ABA Construction Litigation Newsletter, Spring 2012.

“Lien Waivers, Releases Submitted With Requests for Payment Bar Claims,” The Legal Intelligencer, August 16, 2011

“Dealing with Rising Materials Prices” Construction Executive Magazine, August 2011

“Double Breasted Operations: Best of Both Words?” Connecticut Law Tribune, March 7, 2011

Wally Zimolong, Letter to the Editor, “Strong Opinions Over Wisconsin’s Public Union Brawl,” Wall St. J., February 25, 2011

“The ‘Accidental Release’ – Pay Close Attention to Standard Lien Waivers,” Construction Executive Magazine, February 2011

“It May Pay for Subcontractors to Get Aggressive,” Connecticut Law Tribune, Vol. 36, No. 28, July 12, 2010

“The Validity of Anti-Flipping Clauses” Legal Intelligencer, Real Estate Quarterly, January 2007.

“Disclaimer and Integration Clauses in Agreements of Sale: Fraud Claims Fail Because Buyers Cannot Prove Justified Reliance.” Legal Intelligencer, Real Estate Quarterly, June 2007.

“Landlord’s Liability for Tenant’s Failure to Pay Its Contractor,” Philadelphia Business Journal, Ask the Legal Professionals April 29, 2005

 

Presentations

 

“The Anatomy of Pennsylvania’s New P3 Infrastructure Act,” Pennsylvania Bar Institute, Philadelphia, PA, August 14, 2013.

“The Seven Deadly Contract Sins,” ABC Eastern Pennsylvania, February 13, 2013

“Construction Defect Defenses,” Defense Association of Philadelphia, PA, October 16, 2012

“Construction Defect Litigation: Claims and Coverage,” Philadelphia Bar Institute, Philadelphia, PA, August 23, 2012

“Letters, Banners, and Rats: Oh My! – Countermeasures for Aggressive Union Tactics,” ABC-NJ, Cherry Hill, NJ, November 2, 2011.

“Mechanics Liens and Bond Claims: A Primer,” Pennsylvania Bar Institute, Philadelphia, PA, August 31, 2011.

“Labor Law for Construction Lawyers,” Pennsylvania Bar Institute, Philadelphia, PA, May 12, 2011.

“New AIA Documents and Introduction to the ConsensusDocs,” Joint Meeting of BCA-SJ, SJMCA, Atlantic City, NJ, May 16, 2008.

“ConsensusDOCS v. A201,” BCA-NJ, Edison, NJ, August 8, 2008.

 

Education:

 

  • Villanova University, J.D.
  • Villanova University, B.A.

 

Bar Admissions:

 

  • Commonwealth of Pennsylvania
  • State of New Jersey
  • United States District Court – District of New Jersey
  • United States District Court – Eastern District of Pennsylvania

 

Memberships and Organizations

 

  • Endowing Member, National Rifle Association
  • Associate Member, Associated Builders and Contractors, Inc.
  • Member, Building Industry Association of Philadelphia
  • Member, Union League of Philadelphia