Robert Day is a partner in Montgomery McCracken’s Litigation Department and serves as co-chair of the firm's Appellate Practice. He has litigated complex legal issues in state and federal courts around the country, with a particular focus on class action defense. Rob has represented clients on appeals before both the intermediate and Supreme Court in Pennsylvania, the United States Court of Appeals for the Second, Third, and Fifth Circuits, and on petition for writ of certiorari to the United States Supreme Court. Rob has presented oral argument before the Third and Fifth Circuits. Rob also has extensive experience representing companies in arbitration and advising them on arbitration law issues—especially, in recent years, mass arbitration defense.
Rob has defended major players (including Fortune 500 companies) and small businesses alike from a diverse array of industries—including tech, manufacturing, spirits, and retail—facing an equally diverse array of legal claims. In his class action defense practice, he has defended companies against antitrust, consumer protection, Real Estate Settlement Practices Act (“RESPA”), and Fair and Accurate Credit Transactions Act (“FACTA”) claims (among others). His appellate work has tackled a similarly diverse array of legal issues, including First Amendment, antitrust law, maritime law, and Federal Tort Claims Act claims.
Rob contributes regularly to the firm’s thought leadership, publishing articles that focus on issues related to class action defense and arbitration.
Prior to joining Montgomery McCracken, Rob was a law clerk for the Honorable Edith Clement on the U.S. Court of Appeals for the Fifth Circuit in New Orleans, LA. He also clerked for the Honorable Mary C. Jacobson, Assignment Judge for Mercer County, and the Honorable Mitchel E. Ostrer on the New Jersey Appellate Division.
Robert earned his J.D. degree from University of Pennsylvania School of Law, where he served as the Articles Editor for the University of Pennsylvania Journal of Constitutional Law and was a member of the Supreme Court Clinic, participating in merits briefing before the United States Supreme Court. He also received a Certificate in Business from the Wharton School. Prior to attending law school, Robert received his A.B. degree in Philosophy from Princeton University and a Master’s in Religion from Westminster Theological Seminary.
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Business Litigation
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Insurance Recovery
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Commercial Litigation
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Class Action
Montgomery McCracken’s Class Action Practice is a core strength of the firm. We have extensive experience representing defendants in class actions throughout the United States. Our clients range from consumer […]
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Appellate
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Litigation
Montgomery McCracken’s Litigation Department offers a deep bench of skilled and experienced litigators whose practice areas encompass a broad array of industries and substantive legal disciplines. Our clients include individuals, […]
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Business
Montgomery McCracken’s Business Department works proactively and collaboratively with our clients to advise on the full array of corporate and business issues, ranging from finance and regulatory matters to mergers […]
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1 of 7 Credentials
Selected Representations - Representing major video game distributor in a nationwide class-action lawsuit alleging antitrust violations based on the pricing policies of its online game distribution platform.
- Representing bank in two concurrent nationwide class actions alleging that its predecessor engaged in an illegal kickback and price-fixing scheme with title companies in violation of RESPA and antitrust laws.
- Won Fifth Circuit published reversal of summary judgment in Federal Tort Claims Act case for pro bono appellant.
- Won dismissal for lack of standing on appeal to Pennsylvania Superior Court representing publicly traded retailer in nationwide class action alleging that the company violated FACTA’s receipt-printing requirements.
- Representing class of small businesses and individuals in mandamus action against the Pennsylvania Liquor Control Board over its failure to provide a direct-delivery service for special-order alcohol purchases in violation of state statute.
- Won summary judgment on behalf of one of the nation’s largest manufacturers of a natural gas piping product, against nationwide class action alleging violations of a state consumer protection statute, conspiracy, and unjust enrichment.
- Secured two voluntary dismissals for major investment company (managing over $70 billion in assets) after filing motions to dismiss in lawsuits alleging consumer protection and tort claims.
- Successfully moved to compel arbitration on behalf of Microsoft Corporation against consumer alleging tort and breach of contract claims, enforcing the Microsoft Services Agreement (the company’s consumer agreement governing use of its various services).
- Won motion to dismiss on behalf of a prominent online mortgage-closing service provider facing breach of contract and tort claims.
- Defeated conspiracy, embezzlement and breach of contract claims after multi-day arbitration hearing representing minority owner in freeze out attempt involving celebrity brand spirits company.
Selected Publications - Co-Author, “How Mass Arbitration Defense Strategies Have Fared In Court,” Law360, May 2025
- Co-Author, “Recent Third Circuit Opinion Reinforces That Daubert Requires Courts to Examine the Data Underlying an Expert’s Analysis,” February 2025
- Co-Author, “Heckman v. Live Nation Entertainment: A Warning Shot for Mass Arbitration Protocols That Fail to Preserve Bilateral Arbitration,” January 2025
- Author, “Court Applies Strong Presumption Against Impossibility Preemption in In re Fosamax,” September 2024
- Mentioned, “Montgomery McCracken Secures Landmark Appellate Win for Pro Bono Client Before Fifth Circuit Court of Appeals,” May 2024
- Mentioned, “Montgomery McCracken Elects Five New Partners In Pa., NY,” Law360 Pulse, March 2024
- Co-Author, “Uninjured Class Members Can Defeat Predominance: the Ninth Circuit Provides a Way in Van v. LLR,” June 2023
- Co-Author, “A Survey of State Standing Where Federal Standing Fails,” September 2021
- Co-Author, ““What’s it to you?” Supreme Court’s TransUnion v. Ramirez Opinion Limits Article III Standing for Class Action Plaintiffs in Federal Court,” September 2021
- Mentioned, “How Montgomery McCracken Popped Pa. Liquor Control Fight,” Law360 Pulse, April 2021
- Co-Author, “Proposed HEROES Act Poses Great Risks to Those Extending Credit or Attempting to Collect on a Debt,” August 2020
- Co-Author, “Pa. Court’s Ruling On Uber Terms Clashes With Case Law,” Law 360, January 2020
- Co-Author, “On Novel Grounds, Philadelphia Judge Rejects Uber’s Bid to Arbitrate Passenger’s Personal Injury Claim,” January 2020
Honors & Awards - Selected to the Best Lawyers: Ones to Watch® – Appellate Practice, Commercial Litigation, and Mass Tort Litigation/Class Action – Defendants lists in 2026. This list is issued by Best Lawyers® and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
- Selected to the Pennsylvania Super Lawyers Rising Star list in 2023-2025. The Super Lawyers list is issued by Thomson Reuters and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
Education Law School
- University of Pennsylvania Law School
Graduate School
- Westminister Theological Seminary
Undergraduate School
