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.
RELATED Practices
Credentials
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Uninjured Class Members Can Defeat Predominance: the Ninth Circuit Provides a Way in Van v. LLR
In TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2208 (2021), the Supreme Court declared that “[e]very class member must have Article III standing in order to recover individual damages.” […]
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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 […]
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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 […]
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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’ […]
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