Joel I. Fishbein

Joel concentrates his practices on long-term care litigation, medical malpractice litigation, employment law, legal and professional malpractice, commercial litigation, trucking litigation, products liability, and appeals.

Joel has tried dozens of cases and arbitrations and has extensive appellate experience in the state and federal courts of Pennsylvania and New Jersey. Drawing on his expertise in arbitration law and practice, he also aids clients and industry trade groups in drafting arbitration agreements and developing supporting policies. Based on this expertise, Joel has been asked to lecture on the best practices for the use of the court system to enforce arbitration agreements.

In addition, Joel represents businesses and business owners in commercial litigation matters involving executive compensation and covenants not to compete, shareholder litigation on behalf of frozen out shareholders, defamation and tortious interference, breach of contract cases, and NASD arbitration claims relating to unsuitable investments, churned accounts, or fraud.  Joel has represented groups and classes of plaintiffs in employment discrimination litigation.  For many years, Joel represented plaintiffs in civil rights and medical malpractice litigation and defendants accused of crimes.

At the beginning of his career, Joel clerked for the Honorable Frank J. Montemuro of the Superior Court of Pennsylvania. He was the Chair of the Young Lawyers Division of the Philadelphia Bar Association in 2000, and he served on the Philadelphia Bar Association’s Board of Governors and Bar Foundation. He has served on the Philadelphia Bar Association’s Professional Guidance Committee for over 20 years.

Joel is serving his community as an elected School Board Director for the Cheltenham School District. Before that, he served as Vice Chair of the Cheltenham Township Human Relations Commission.. He previously served on the Boards of Directors of Cheltenham Sports and the Pennsylvania Tourette Syndrome Association.

Joel coached his daughter’s and son’s Cheltenham Sports travel soccer teams continuously from 2003-2013.

Joel is a Martindale-Hubbell AV rated attorney and was named by the Philadelphia Business Journal as a “Forty Under 40” (Philadelphians to Watch) in 2000. He achieved the designation of Pennsylvania Super Lawyer in 2006, 2010 and 2013 and 2014.

Education

  • Temple University School of Law, JD, 1989
  • Penn State University, BS, 1986; accounting

Admissions

  • Pennsylvania
  • New Jersey
  • United States District Courts: Eastern District of Pennsylvania, Middle District of Pennsylvania, District of New Jersey
  • United States Court of Appeals: Third Circuit

Professional Associations

  • Philadelphia Bar Association
  • Defense Research Institute

Publications

  • "Nursing Home/Alf Cases: Federal Actions to Compel Arbitration," DRI, For the Defense, (November, 2014)
  • "Not Inherently Unfair, Arbitration in the Long-Term Care Setting," DRI, For the Defense, 54 No. 8 DRI for Def. 8 (August, 2012)
  • "Products Liability Industry Custom Evidence: Its Relevance in Design Defect Products Liability Cases-Lewis v. Coffing Hoist Division, Duff-Norton Co.," 61 Temp. L. Rev. 627 (1988)

Representative Reported Cases

  • Taylor v. Extendicare Health Facilities, Inc., 147 A.3d 490 (Pa. 2016)
  • Washburn v. Northern Health Facilities, Inc., 121 A.3d 1008 (Pa. Super. 2015) (allocatur petition pending)
  • Northern Health Facilities v. Batz, 993 F. Supp. 2d 485 (M.D. Pa. 2014)
  • Moore ex rel. Moore v. Woman to Woman Obstetrics & Gynecology, L.L.C , A-0683-11T1, 2013 WL 4080947 (N.J. Super. Ct. App. Div. Aug. 14, 2013)
  • George v. Northern Health Facilities, Inc., 2011 WL 2923885 (E.D. Pa. 2011)
  • Ruszala v. Brookdale Living Communities, Inc., 415 N.J. Super. 272, 1 A.3d 806 (App. Div. 2010)
  • Burella v. City of Philadelphia, 2003 WL 23469295 (E.D. Pa. 2003)
  • Catagnus v. ARAMARK Corporation, 235 F. Supp. 413 (E.D. Pa. 2002)
  • Commonwealth v. Rosario, 535 Pa. 282, 635 A.2d 109 (1993)
  • Commonwealth v. Montgomery, 533 Pa. 491, 626 A.2d 109 (1993)