Kristen E. Polovoy

Of Counsel
Liberty View
457 Haddonfield Road, Suite 600
Cherry Hill, NJ 08002
Phone:  856-488-7704
Fax:  856-488-7720
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Practice Areas:
Commercial Litigation, Class Action Defense
Admitted to Practice:
New Jersey, Pennsylvania
Office:
Cherry Hill, NJ
Law School:
Notre Dame Law School
Undergraduate School:
La Salle University

Kristen E. Polovoy serves as of counsel in Montgomery McCracken's Litigation Department, practicing all aspects of civil litigation defense in New Jersey and Pennsylvania state and federal courts. Her practice includes general and complex commercial litigation with a focus on consumer fraud class action defense of consumer product manufacturers.

Polovoy has represented several national companies in consumer fraud class actions and regularly counsels clients on tips for avoiding and defeating class actions related to consumer fraud and product-labeling litigation. She has obtained settlements and dismissals of proceedings on terms favorable to her clients prior to the class certification phase in a number of cases. Her clients include national consumer and pharmaceutical product manufacturers, technology companies, business partnerships, insurance companies, national book publishers, consumer security companies and lease financing companies, in connection with a wide range of substantive litigation matters in addition to class action defense, such as consumer fraud, commercial breach of contract, tort, regulatory counseling and securities claims.

Polovoy has extensive experience in receivership law, including briefings leading to landmark receivership standing principles in federal court (Marion v. TDI, Inc., et al., 2004 WL 1175740 (E.D. Pa. May 27, 2004)). In 2006, she played an integral role on the trial team in that receivership litigation, which achieved recognition by Pennsylvania Law Weekly for securing the highest ranking verdict in Pennsylvania for 2006. 

She also serves as an editor of the firm's Ahead of the Class blog, which focuses on issues related to class action defense, addressing current cases and decisions, trends and strategies associated with class action law.

Selected Representations

  • Represented Atlantic City Electric in defeating class certification in the Superior Court of New Jersey (May 2012)
  • Represented Microsoft Corp. in defeating nationwide and statewide class certification of statutory consumer protection claims in Maloney v. Microsoft, No. 09-2047, 2012 WL 715856 (D.N.J. March 2012)
  • Reached a favorable settlement on behalf of a large, national dietary supplement manufacturer in a New Jersey Consumer Fraud Act product-labeling class action (March 2012)
  • Defended a national provider of residential security services against putative class action claims under the New Jersey Consumer Fraud Act, resulting in a favorable confidential settlement and voluntary dismissal of the case by plaintiff (June 2008)
  • Defended a national beverage manufacturer against class action claims under the Uniform Commercial Code, New Jersey Consumer Fraud Act and warranty law, resulting in a favorable confidential settlement and voluntary dismissal of the case by plaintiff (July 2007)
  • Obtained a favorable result following presentation of evidence at trial on behalf of a national pharmaceutical product manufacturer in a commercial breach of contract action in New York federal court (January 2007)
  • Defended a national computer printer manufacturer against New Jersey Consumer Fraud Act class action claims in New Jersey Superior Court, resulting in a favorable confidential settlement and voluntarily dismissal of the case by the plaintiff (April 2006)

Selected Publications

Selected Speaking Engagements

  • Instructor, La Salle University Honors Program, Film & Law class (Spring semester 2014) 
  • Presenter, "The Nation's Food Court: The Latest ‘Word'" Continuing Legal Education seminar, Camden County Bar Association, January 14, 2014 
  • Presenter, "The Consumer Fraud Product Labeling Class Action Phenomenon: Labels, Language & Lessons - Now & The Future" Continuing Legal Education seminar, Camden County Bar Association, April 2013
  • Presenter, "Preparing For and Defending Consumer Fraud Product Labeling Class Actions" Continuing Legal Education seminar, January 2013
  • Presenter, "Consumer Fraud Product Labeling Class Actions: One Label, Very Different Perspectives - Plaintiffs, Defendants and the Government" webinar, November 15, 2012
  • Presenter, "Challenges for Plaintiffs and Defendants Posed by Recent Developments in New Jersey Class Action Law" Continuing Legal Education seminar, Camden County Bar Association, May 2012
  • Presenter, "The Impact of Recent Developments on Class Action Law" Continuing Legal Education seminar, Camden County Bar Association, April 2011
  • Presenter, "Anticipating Class Actions" Continuing Legal Education seminar, Camden County Bar Association, March 2010

Community Involvement

Polovoy has been actively involved in the Greater Delaware Valley Chapter of the National Multiple Sclerosis Society since 2001, including annual service as captain of an MS Walk team that has raised more than $15,000 to help the organization fund vital research and support service programs for the more than 12,000 Greater Delaware Valley residents living with multiple sclerosis. She also speaks regularly at the Society's many fundraising and disease-awareness events, including Women Against MS (WAMS) and the National MS Society's annual conventions. As a result of her efforts, she was inducted into the Society's 2002 Leadership Class and has received several awards for her volunteering and fundraising efforts throughout the past twelve years. Additionally, she is the founder and coordinator of Making MS Work, a networking group of professionals with multiple sclerosis in South Jersey and Philadelphia.

In 2012, Polovoy was appointed by Governor Chris Christie's office to serve on the New Jersey Multiple Sclerosis Task Force. Under the legislation (S-2212), passed in January 2012, the Task Force is developing strategies to identify and address the unmet needs of New Jersey residents with MS in order to provide them with greater access to various treatments and other therapeutic options. The task force will focus on issues impacting the productivity and independence of individuals with multiple sclerosis, and the Task Force will also review issues impacting emotional, social and vocational challenges of persons with this chronic neurological disease. The 14-member task force includes state health officials, representatives of the National Multiple Sclerosis Society, and individuals living with MS, among others. The task force will report its findings and recommendations to the Governor and the Legislature in December 2013.

Honors and Awards

  • 2014 Outstanding Woman of Burlington County Award for Law
  • 2002 National Multiple Sclerosis Society Leadership Class

Professional Activities

  • LEADERSHIP Philadelphia
    -Core Program, 2013-2014 participant
  • Camden County Bar Association
    - Class Action Practice Committee, Chair
  • New Jersey State Bar Association
    - Class Actions Committee
    - Women in the Profession Section

Academic Achievements 

Polovoy received her J.D., summa cum laude, in 1998 from Notre Dame Law School, where she was Note Editor for The Notre Dame Law Review. Among her law school honors were consecutive placements on the Dean's List and the 1998 Dean Joseph O'Meara Award, presented annually to a member of the graduating class in recognition of outstanding academic achievement, for her rank as second in the graduating class. Polovoy received a B.A., maxima cum laude, in English from La Salle University, graduating first in the Class of 1995. She was also a graduate of La Salle's Honors Program.