Eric Palombo

Eric Palombo is a member of the firm’s Litigation Department and the Transportation Law Practice. Eric has extensive experience having litigated matters throughout the country. As part of his practice, Eric assists large corporate clients acting as corporate plaintiff’s counsel in collection matters. Eric’s experience includes pursuing unpaid corporate debts through litigation and judgment enforcement. This has included pursuing claims seeking to pierce the corporate veil and to set aside fraudulent conveyances that a debtor used to avoid collection efforts.

As an experienced plaintiff’s counsel, Eric recognizes the need to balance aggressive litigation with value-based services. Eric is well-versed in judgment enforcement and collection strategies to achieve the best possible outcome whether through use of post-judgment discovery such as targeted subpoenas seeking documents or depositions, or through judgment enforcement procedures such as writs of execution and writs of garnishment. Throughout the course of a matter, Eric objectively evaluates the chances of recovery and the costs of proceeding to ensure that the client’s best interests are always served.

When it comes to assisting clients, Eric handles matters through all stages of litigation from the inception of the claim through trial and appeal. Eric has litigated cases in state and federal courts throughout the country including Alabama, Florida, Georgia, California, Connecticut, Illinois, Indiana, Kentucky, Louisiana, North and South Carolina, New Jersey, New York, Maryland, Massachusetts, Michigan, Missouri, Nevada, Ohio, Pennsylvania, Tennessee, Texas, Washington, Virginia and West Virginia. Through the course of his career, Eric has litigated multi-million-dollar lawsuits representing corporate plaintiffs, achieving significant victories including recovering in excess of $20 million dollars on behalf of his clients. His portfolio of cases involves claims ranging from $100,000 to several million.

REPRESENTATIVE MATTERS:

• CSX Transportation, Inc. v. Filiberto et al., U.S. District Court for the Eastern District of New York, 2:2012cv01559, claim against the owners of a judgment debtor, Meserole Street Recycling, for fraudulent conveyances. After obtaining a judgment against Meserole, engaged in post-judgment discovery, identifying payments being made to the owners of Mesrole through a related entity, which was used to siphon off assets in an attempt to render the judgment uncollectable. The lawsuit ultimately led to a settlement.
• CSX Transportation, Inc. v. Niagara Lubricant, U.S. District Court for the Western District of New York, Civil Action No: 1:12-cv-00540, participated in a five-day jury trial involving the recovery of damages arising from environmental remediation and resulting in a substantial jury verdict for his client. Following trial, collected the entire judgment utilizing New York judgment enforcement procedures including use of restraining notices.
• Norfolk Southern Railway Company v. New York Terminals, LLC,CV 2:14-07664, 2017 WL 4005158, (D.N.J. Sept. 12, 2017), successfully moved for summary judgment on his client’s claim for unpaid demurrage and hazardous material charges. The District Court enforced the terms of the parties’ agreement holding that the defendant was liable for the demurrage charges and that the railcars contained hazardous materials as a matter of law based upon the shipper’s hazardous material designation contained in the bills of lading. This result led to the resolution of two other related matters totaling over $1 million.
• Transflo Terminal Services, Inc. v. Brooklyn Res. Recovery, Inc.,248 F. Supp. 3d 397 (E.D.N.Y. 2017), successfully moved the District Court to grant summary judgment on his client’s breach of contract claim seeking to collect unpaid charges for services despite the defendant’s meritless claim that plaintiff’s supporting documentation was fabricated. The matter subsequently settled on appeal.
• CSX Transp., Inc. v. Auburn Thirty Six, LLC, et al., 4:12-CV-1984-JAR, 2014 WL 2480610 (E.D. Mo. June 3, 2014) successful in moving U.S. District Court in Missouri to grant summary judgment on behalf of client in a breach of contract dispute arising from defendant’s failure to pay for materials it purchased, resulting a judgment in excess of $900,000 against both the defendant corporation and its principal, as well as dismissal of defendants’ counterclaim of misrepresentation.

• Transportation Lawyers Association
• Association of Transportation Law Professionals
• Villanova Inn of Court
• Law 360's Transportation Editorial Advisory Board
  • Member, 2024