Ernest W. Schoellkopff

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

eschoellkopff@connellfoley.com

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Publications
Professional Activities
Representative Experience

Ernest Schoellkopff has represented individuals, corporations and public entities in commercial, insurance, product liability, transportation, land-use (including eminent domain), and civil rights litigation. He is frequently engaged in appellate practice and has been involved in matters resulting in over 20 reported opinions.  

 

Before joining Connell Foley in 1987, Mr. Schoellkopff clerked for Judge Lawrence Weiss in the Superior Court of New Jersey, Law Division, Union County. At Notre Dame Law School, he was a Thomas J. White Scholar and Copy Editor of the Notre Dame Journal of Law, Ethics and Public Policy.

 

 

 

 

 

 

Practice Areas:

Business Litigation

Insurance Law

Product Liability and Tort Law

Real Estate Law and Land Use

Transportation Law

 

Admitted to Practice:

State of Pennsylvania

State of New Jersey

United States District Court for the District of New Jersey

United States District Court for the Eastern District of Pennsylvania

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Federal Circuit

 

 

Education:

University College, University of London

Dartmouth College (A.B., English, magna cum laude, 1983)

University of Notre Dame (J.D., 1986)


Publications

"Amendments to UCC Article 2: Computer Software Shrinkwrap and Other Delayed Contract Terms",  The Metropolitan Corporate Counsel  (September 2003)

“Ordering the Purposes of Sentencing: A Prologue to Guidelines”, 2 Notre Dame Journal of Law, Ethics and Public Policy 503 (1986)

Professional Activities

New Jersey State Bar Association, Appellate Practice Committee

Representative Experience

Representation of mining property owners affected by rezoning; obtained reversal of civil rights and takings dismissals and clarification of rational basis standard in legislative substantive due process claims. County Concrete Corp. v. Township of Roxbury, 442 F.3d 159 (3d Cir. 2006);

Secured strict construction and reversal of judgment of contractual indemnity for construction contractor’s own negligence. Englert v. Home Depot, 389 N.J. Super. 44,  911 A.2d 72 (App. Div. 2006);

Obtained reversal and judgment on remand for increased valuation of business inventory following division of assets;

Summary judgment for liquidated damages in breach of contract for sale of commercial building;

Summary judgment and frivolous claim costs award in defense of misrepresentation claim against commercial real estate vendor;

Judgment for liability insurer in subrogation action for closure of motel following legionella outbreak;

Defeated liability coverage claim for multiple condominium construction defects.   Firemen's Ins. Co. of Newark v. National Union Fire Ins. Co., 387 N.J. Super. 434, 904, A.2d 754, (App. Div. 2006);

Representation of home appliance manufacturer in class action for alleged component defect;

Summary judgment for liability carrier in school construction defect suit;
Removal of injunctive relief in internecine business dispute;
Reversal of judgment against guarantor of demand note with automatic acceleration clause;
Judgment for liquidated damages in development of satellite transmission system;
Representation of industrial fabric and coatings manufacturer in billboard sign litigation;
Summary judgment and frivolous claim sanctions for cargo hauler against authorized carrier and insurer based on Carmack Amendment and anti-subrogation rule;
National trial and appellate brief drafting and coordination for defense of asbestos claims against shipbuilder;
Defeated several claims by lessee trucking insurers against non-tucking liability carrier, including Planet Insurance Company v. Anglo American Insurance Company, Ltd., 312 N.J. Super. 233, 711 A.2d 899 (App. Div. 1998);
Condemnation of multiple properties for redevelopment authority;
Representation of real estate developer in regional real estate, contract and premises liability litigation;
Federal preemption-based dismissal of claims against Class III medical device contact lens manufacturer;
Judgment for paint manufacturer in Reactive Airways Dysfunction claim;
Judgment for producer of stretch wrapping machinery in repetitive stress injury product liability suit;
Blood product transfusion litigation;
Reversal of $15 million verdict in medical malpractice action;
Won dismissal of claim against property insurer and judgment on counterclaim for fraud in policy application;
Environmental, construction, product-liability, transportation, medical and hospital insurance coverage litigation.