ROBERT S. KITCHENOFF, a founding member of Weinstein Kitchenoff & Asher, concentrates his practice in antitrust, consumer fraud, securities fraud, and ERISA class actions. He also focuses on False Claims Act (whistleblower), shareholder derivative, and other complex civil matters. He has frequently represented doctors, hospitals and other medical facilities, and durable medical equipment providers in litigation against insurers who failed to properly reimburse them for medical services and equipment.
Mr. Kitchenoff has been involved in the litigation of numerous precedent-setting antitrust actions including:
In re Copper Antitrust Litigation, MDL Docket 1303 (W.D. Wisc.) (co-lead counsel); In re Brand Name Prescription Drugs Antitrust Litigation, MDL No. 997 (N.D. Ill.) (plaintiffs’ steering committee); In Re: Payment Card Interchange Fee & Merchant Discount Antitrust Litigation, MDL Docket 1720 (E.D.N.Y.) (plaintiffs’ steering committee); In re Pressure Sensitive Labelstock Antitrust Litigation, MDL Docket 1556 (M.D. Pa.) (discovery team); and Rolite, Inc. v. Wheelabrator Technologies, Inc., Civil Action No. 94-CV-5894 (E.D. Pa.).
In the area of consumer-oriented litigation, Mr. Kitchenoff is liaison counsel and settlement counsel for plaintiffs in the recently settled matter of In re: Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, MDL Docket 2284 (E.D. Pa.), which involved allegations that the application of a duPont herbicide had unintended but devastating effects upon surrounding vegetation.
He has also successfully represented a nationwide class of mortgagors who were improperly assessed late fees on timely received mortgage loan payments ; a class of homeowners who were led to believe, by the builder of their homes, that they were receiving “thermal break” windows that were “as good as an Andersen©.”
Mr. Kitchenoff also represented owners of homes and buildings in the United States which contained defective polybutylene plumbing . The settlement of the polybutylene litigation, one of the largest property damage class action settlements ever, provided more than $1 billion to qualifying homeowners for repairs to their plumbing systems or complete re-plumbing of their homes and reimbursement for property damage at 100 cents on the dollar.
Education and Career
Admitted to practice: U.S. Supreme Court, Third Circuit Court of Appeals, various federal District Courts, and Pennsylvania and New Jersey State Bars
University of Pittsburgh, B.A., 1981
Rutgers University School of Law, J.D., 1986
Served as law clerk to the Honorable Madaline Palladino, Commonwealth Court of Pennsylvania
Professional and Community Affiliations
Secretary, COSAL (the Committee to Support the Antitrust Laws)
Member, Advisory Board of the Class Action Law Monitor
Member, American Bar Association, Class Action and Derivative Suits Committee
Member, Philadelphia Bar Association and the Cy Pres and Antitrust Committees of the Philadelphia Bar Association
Course planner and lecturer on class actions for numerous providers of continuing legal education
President of the Jewish National Fund Eastern Pennsylvania Region Board of Directors.
Past President, Temple Beth Hillel-Beth El Synagogue, Wynnewood, PA
Honors and Awards
Public Justice Achievement Award, Public Justice, Washington, D.C. public interest foundation, for work on the Polybutylene Pipes case.
Human Rights Award, American Immigration Lawyers Association as a member of the Asian American/”Golden Venture” Pro Bono Advocacy Team, representing Chinese aliens seeking asylum in the United States based upon their opposition to China’s one child per couple population control policy.