Home > Attorneys > Peter H. LeVan , Jr.

Biography

Mr. LeVan, a trial lawyer, graduated with distinction from the University of Cincinnati College of Law in 1995, where he was a member of the University of Cincinnati Law Review and received the Awards for Excellence in Criminal Law and Conflicts of Law. From 1995 to 1997, Mr. LeVan served as judicial clerk to the Honorable John M. Manos of the United States District Court for the Northern District of Ohio.

Recently recognized as a Pennsylvania Super Lawyer - an award reserved for the top 5% of lawyers in the state as determined by other practicing attorneys - Mr. LeVan's practice focuses on complex commercial litigation, governmental representation, ERISA litigation, and employment law.  Mr. LeVan, a Fellow of the Academy of Advocacy at Temple University School of Law, was the 2004 Recipient of the Equal Justice Award, given in recognition of his outstanding dedication and pro bono service to the cause of equal justice.  He currently serves as a member of the Mayor's Advisory Council in Washington Township, New Jersey and is the former Assistant Solicitor for the Borough of Swarthmore.  Mr. LeVan serves on the firm's Board of Directors and practices in the firm's Philadelphia and New Jersey offices.

Education

University of Cincinnati College of Law, Cincinnati, Ohio, 1995
J.D. 

Miami University, Oxford, Ohio, 1992
B.A., Political Science, cum laude, Phi Beta Kappa

Clerkship

The Honorable John M. Manos, U.S. District Court for the Northern District of Ohio
Law Clerk, 1995-1997

Honors and Awards

Pennsylvania Super Lawyer (2005)
Equal Justice Award (2004)
Fellow, Academy of Advocacy at the Temple University School of Law
Law Review: University of Cincinnati Law Review
Selected for inclusion in New Jersey Super Lawyers-Rising Stars Edition, 2008

Publications

High Court: Federal Employees Lack Protection for Official Duties, The Legal Intelligencer, September 7, 2006

The ABA Journal recently quoted Mr. LeVan, who represents several plaintiff classes in 401(k) litigation throughout the country, in an article entitled "Hardier Stock: Ex-Enron Workers' ERISA May Reach Where Securities Laws Don't Go."

Pennsylvania Law Weekly recently published an article entitled "Blue Line Fever"  regarding a case in which Mr. LeVan represents Pennsylvania Governor Edward G. Rendell and other administration officials in a constitutional challenge to the Governor's line-item veto of certain items in the 2005 General Appropriation Bill.

Representative Cases

Jubelirer v. Rendell (Pa. Cmwlth. Ct. 2006): Successfully represented Governor Edward G. Rendell and other executive officials in action filed by Senate President Pro Tempore Robert C. Jubelirer and House Speaker John M. Perzel challenging the constitutionality of Governor Rendell's disapprovals in connection with the 2005 General Appropriation Act; unanimous Commonwealth Court, sitting en banc, held that Governor Rendell had the clear constitutional authority to veto language in an appropriation bill and to enact the remainder into law.  Click here to read the Legal Intelligencer's recent article about the decision.

Uniontown Hospital v. Commonwealth of Pennsylvania, Department of Health (Pa. Cmwlth Ct. 2006): Successfully defended the Pennsylvania Department of Health, the Secretary of Health, and the Deputy Secretary for Quality Assurance in a mandamus action filed by four hospitals in western Pennsylvania seeking an order compelling the department to comply with a legislative provision in the 2005 General Appropriation Act.

In re: Schering-Plough Corporation ERISA Litigation (3d Circuit 2005):  Successfully obtained reversal of a lower court ruling dismissing class action of 401(k) plan participants; unanimous Third Circuit panel held that plaintiffs had standing to prosecute a derivative action on behalf of an employees' savings plan to recover losses sustained by the plan because of alleged breaches of fiduciary duty.

Chotiner v. The Philadelphia Housing Authority (E.D. Pa. 2004):  Successfully defended The Philadelphia Housing Authority (“PHA”) in a First Amendment retaliation and state law whistleblowing case brought by a former in-house attorney at PHA.

Agway, Inc. Employees’ 401(k) Thrift Investment Plan v. Magnuson (N.D.N.Y. 2004): Representing the beneficiaries of the 401(k) plan of former farm cooperative Agway in a $50 million lawsuit brought under the Employee Retirement Income Security Act of 1974 (“ERISA”).

Nixon v. Commonwealth (Pa. 2003): Successfully represented a non-profit social service organization and group of aggrieved individuals who challenged the constitutionality of the employment-prohibiting provisions of Pennsylvania’s Older Adult Protective Services Act, 35 Pa. C.S.A. §§ 10225.101 - 10225.5102.

J.W.S. Delavau Company, Inc. v. Eastern America Transport & Warehousing, Inc. (Pa. Super. 2002): Obtained $1.9 million judgment in commercial bailment on behalf of nutriceutical manufacturer.

Professional Associations and Memberships

Mayor's Advisory Council, Washington Township, NJ, 2005 - Present

Borough of Swarthmore, 2001 – 2004
Assistant Solicitor

University of Pennsylvania Inn of Court, 2002 – 2004
Barrister

Bar Admissions

• Ohio, 1995
• New Jersey, 1999
• Pennsylvania, 1999
• United States District Court Northern District of Ohio, 1996
• United States Court of Appeals for the Sixth Circuit, 1998
• United States District Court Eastern District of Pennsylvania, 1999
• United States District Court District of New Jersey, 1999
• United States Court of Appeals for the Third Circuit, 2000
• United States Court of Appeals for the Federal Circuit, 2006