Robert Day is an associate in Montgomery McCracken’s Litigation Department. He focuses his practice on complex civil litigation, with a particular emphasis on class action defense. He has significant experience litigating high-stakes claims in state and federal court at both trial and appellate levels. Rob also publishes frequently on arbitration law developments, and regularly advises a Fortune 50 company on arbitration-related issues.
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.
- New Jersey
- Supreme Court of the United States
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Third Circuit
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Western District of Pennsylvania
- Successfully represented minority owner in freeze out attempt involving celebrity brand spirits company, defeating conspiracy, embezzlement and breach of contract claims after multi-day arbitration hearing.
- 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 in, “How Montgomery McCracken Popped Pa. Liquor Control Fight,” Law360 Pulse, April 2021
- Co-author, “Montgomery McCracken Achieves Victory for Natural Gas Pipe Manufacturer in Nationwide Class Action,” August 2020
- 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,” January 30, 2020
- Co-author, “On Novel Grounds, Philadelphia Judge Rejects Uber’s Bid to Arbitrate Passenger’s Personal Injury Claim,” January 9, 2020
- University of Pennsylvania Law School
- Westminister Theological Seminary
- Princeton University
Pennsylvania Commonwealth Court Greenlights Class Claims Against Pennsylvania Liquor Control Board and Orders Them to Pay Damages and Attorneys’ Fees
On May 27, 2022, the Pennsylvania Commonwealth Court published two related opinions permitting damages claims to proceed against the Pennsylvania Liquor Control Board (PLCB) and ordering them to pay petitioners’ […]
“What’s it to you?” Supreme Court’s TransUnion v. Ramirez Opinion Limits Article III Standing for Class Action Plaintiffs in Federal Court
The first Supreme Court decision to confront Article III standing in five years can be summarized in just five words: “no concrete harm, no standing.” If you missed the highly […]
How Montgomery McCracken Popped Pa. Liquor Control Fight
A plain reading of a Pennsylvania statute and a little common sense helped four attorneys from Montgomery McCracken Walker & Rhoads LLP secure a decision from the state supreme court that the […]
Montgomery McCracken Wins Major Victory at Pennsylvania Supreme Court for Wine & Liquor Dealers and Restaurateurs
Montgomery McCracken is pleased to announce the successful representation of its clients in an action in mandamus against the Pennsylvania Liquor Control Board (“PLCB”). On March 25, 2021, in MFW […]