Robert E. Day
Robert Day is an associate in Montgomery McCracken’s Litigation Department. He has significant experience litigating high-stakes claims and complex legal issues in state and federal courts around the country, with a particular focus on class action defense. Rob also has substantial appellate experience, having represented clients before both the intermediate and Supreme Court in Pennsylvania, the United States Court of Appeals for the Second and Third Circuits, and the United States Supreme Court.
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). Rob has extensive experience litigating and advising companies on arbitration law issues. He also has litigated First Amendment issues and commercial disputes.
Dedicated to the craft of legal writing, Rob strives to ensure every brief he files is persuasive, punchy, and—above all—clear. He also 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.
- New Jersey
- Supreme Court of the United States
- United States Court of Appeals for the Fifth Circuit
- 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
- 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.
- Representing publicly traded retailer in nationwide class action alleging that the company violated FACTA’s receipt-printing requirements.
- Representing pharmaceutical company in case involving claims alleging violations of the Racketeering Influenced and Corrupt Organizations Act (RICO) and state consumer protection statutes.
- 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.
- Secured complete victory on 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).
- Secured complete victory on motion to dismiss on behalf of a prominent online mortgage-closing service provider facing breach of contract and tort claims.
- Secured highly favorable settlement—based on arguments raised on appeal to the U.S. Court of Appeals for the Second Circuit—defending healthcare providers against RICO, fraud, and other claims brought by major insurance company seeking over $25 million in damages.
- 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.
- Mentioned, “No Injury; No Standing. Pennsylvania Superior Court Tosses FACTA Suit For Lack of Standing Under Pennsylvania Law,” May 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 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
- Selected to the Pennsylvania Super Lawyers Rising Star list in 2023. 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.
No aspect of these advertisements has been approved by the highest court of any state.
- University of Pennsylvania Law School
- Westminister Theological Seminary
- Princeton University
No Injury; No Standing. Pennsylvania Superior Court Tosses FACTA Suit For Lack of Standing Under Pennsylvania Law
PHILADELPHIA, PA – In an important case on Pennsylvania’s standing doctrine, the Superior Court handed down its opinion on May 16, 2023, in Gennock v. Kirkland’s, Inc., No. 462 WDA […]
Thirteen Montgomery McCracken Attorneys Selected to the 2023 Pennsylvania Super Lawyers and Rising Stars Lists
Montgomery McCracken is pleased to announce that thirteen of the firm’s attorneys have been selected to the 2023 Pennsylvania Super Lawyers and Super Lawyers Rising Stars lists. The following attorneys […]
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 […]