Post & Schell, P.C.

Joel H. Feigenbaum

Principal
Casualty Litigation

Philadelphia, PA

Phone: 215-587-1138
Fax: 215-587-1444
jfeigenbaum@postschell.com

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Bio

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Joel H. Feigenbaum is a Principal in the firm's Casualty Litigation Department and Hospitality & Retail Practice Group. He defends clients in diverse matters involving general and premises liability, negligent security, product, automobile, and liquor liability claims. He advocates on behalf of hospitality and retail industry clients, including hotels/motels, restaurants, franchisors/franchisees, resorts, and Fortune 500 retail chains. He also represents athletic clubs, educational facilities, carnivals, telecommunication companies, supermarkets, and hospitals in addition to working with a variety of insurers, self-insureds, and third-party administrators in defense of catastrophic injuries and losses.

In 2020, 2021, 2022, and 2023, Mr. Feigenbaum was named by his peers as a Pennsylvania Super Lawyer Rising Star in the category of Personal Injury. In its 2023 and 2024 editions, The Best Lawyers in America named him to its "Ones to Watch" category for Personal Injury Litigation - Defendants and Product Liability Litigation - Defendants. For information about these selections and an overview of common third-party publications, rankings, and list methodologies, click here.

Mr. Feigenbaum is an experienced litigator and manages cases from inception through trial. This includes preparing/answering discovery and pleadings, drafting and arguing motions, witness preparation, depositions, and settlement negotiation. He has first-chair trial experience and has successfully defended cases throughout eastern Pennsylvania and in federal court. Mr. Feigenbaum also uses alternative dispute resolution proceedings, such as mediation and binding arbitration, as a tool to secure the most favorable outcomes for his clients, particularly in cases where there is a concern about unfavorable media exposure. He is currently part of the defense team on several active cases defending schools and daycare centers in claims involving sexual abuse/misconduct. Mr. Feigenbaum also regularly assists clients in comprehensive pre-suit investigations in catastrophic injury and wrongful death cases.

Since 2017, Mr. Feigenbaum has routinely served as a court-certified arbitrator for the Philadelphia Court of Common Pleas. Prior to joining Post & Schell, he worked as an associate attorney with a regional defense firm.

Read full bio > Read less >

Practices

  • Premises Liability Litigation
  • Hospitality and Retail
  • Casualty Litigation
  • Liquor Liability Litigation
  • Products Liability Litigation
  • Commercial Transportation Litigation
  • Alternative Dispute Resolution

Industries

  • Retail
  • Hospitality
  • Health Care

Education

  • J.D., Cum Laude, University of Miami School of Law, 2013
    Managing Editor, University of Miami National Security & Armed Conflict Law Review,
    Editor, University of Miami Clinician
  • B.A. in History, Cum Laude, University of Richmond, 2010
    President, Phi Alpha Theta National History Honors Society

Bar Memberships

  • New Jersey
  • Pennsylvania

Court Admissions

  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey

Affiliations

  • Defense Research Institute
  • Philadelphia Bar Association
  • Claims Litigation Management Alliance

Representative Jury Trials

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  • Defense verdict in Philadelphia County on behalf of a trucking company and its tractor-trailer driver in a contested liability motor vehicle accident where the plaintiff claimed significant spinal injuries.
  • Defense verdict on behalf of a condominium association and commercial real estate developer in a fifteen-day Chester County premise liability action where a traumatic brain injury was alleged, and the pre-trial settlement demand was $10M.
  • Verdict of $5,000 against the end-user in a commercial liftgate failure-product liability action in the Philadelphia County Court of Common Pleas following a seven-day jury trial where the three manufacturing co-defendants settled-out, but the jury still found them, collectively, 97.5% liable for the plaintiff’s alleged significant spinal injuries where a liftgate arm snapped, causing 1,500 lbs. of material to strike the plaintiff, rendering him unconscious.  The pre-trial demand against the end-user was $5M.
  • Verdict of less than $100,000 against a nationally recognized pharmacy chain in a negligent security case in the Philadelphia Court of Common Pleas where the plaintiff claimed assault, battery, intentional infliction of emotional distress, and false imprisonment against the retailer based upon an assault by another customer wielding a firearm.  The plaintiff claimed post-traumatic stress disorder, sought punitive damages, and demanded $3M before the six-day trial.  

Representative Cases

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  • Successfully defended a well-known pharmacy chain where a dying tree fell and struck a customer in its parking lot, resulting in brain damage and spinal cord injuries.
  • Favorable settlement for a traveling carnival after a guest fell from an amusement ride, resulting in multiple fractures and surgery. 
  • Favorable binding arbitration award on behalf of a retail client whose customer was stabbed in its parking lot after an altercation amongst patrons spilled outside of the store.
  • Dismissal by motion at the pleadings stage of claims for emotional distress, fraud, and punitive damages in a federal breach of contract action against a retailer.
  • Represented schools and daycares in multiple state court actions where minor students alleged sexual assault by staff and fellow students on the educational facilities’ premises.  
  • Favorable settlement for a UIM carrier in a federal bad faith case involving multiple plaintiffs claiming permanent spinal cord injuries.
     

Selected Publications

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  • "Bill of Costs: Who Gets Paid When No One Wins?," The Legal Intelligencer (August 14, 2017) (reprinted in Counterpoint, Pennsylvania Defense Institute, October 2017)
  • "Discoverability of ‘Private’ Facebook Photographs in Personal Injury Suits," American Bar Association's Litigation Committee Newsletter (Summer 2015)

News & Insights

News

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Forty-Six Post & Schell Attorneys Named to the 30th Annual Edition of The Best Lawyers in America©
 

Thirty-Two Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2023

Post & Schell Secures Significantly Reduced Verdict for Client in Products Liability Case in Philadelphia County Court of Common Pleas

Forty-Four Post & Schell Attorneys Named to the 2023 Edition of The Best Lawyers in America©

Post & Schell Elects Eleven New Principals in the Firm's Energy, Casualty Litigation, Commercial Litigation, Construction, Professional Liability, and Workers' Compensation Practices

Thirty-Eight Post & Schell Attorneys Named 2022 Super Lawyers and Rising Stars for 2022

Post & Schell Secures Unanimous Jury Verdict for Condominium Association in Chester County Court of Common Pleas

Post & Schell Secures Unanimous Jury Verdict for Condominium Association in Chester County Court of Common Pleas

Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

Blogs & Thought Leadership

Toggle Button Open

Marriott Permitted to File Third-Party Claims Against Sex Traffickers in Federal Lawsuit

Sex Trafficking Case Against Marriott Allowed to Proceed

PA Superior Court Decision a Reminder to Preserve Evidence and Evaluate Surveillance Policies

Bio Representative Jury Trials Representative Cases Selected Publications

Joel H. Feigenbaum is a Principal in the firm's Casualty Litigation Department and Hospitality & Retail Practice Group. He defends clients in diverse matters involving general and premises liability, negligent security, product, automobile, and liquor liability claims. He advocates on behalf of hospitality and retail industry clients, including hotels/motels, restaurants, franchisors/franchisees, resorts, and Fortune 500 retail chains. He also represents athletic clubs, educational facilities, carnivals, telecommunication companies, supermarkets, and hospitals in addition to working with a variety of insurers, self-insureds, and third-party administrators in defense of catastrophic injuries and losses.

In 2020, 2021, 2022, and 2023, Mr. Feigenbaum was named by his peers as a Pennsylvania Super Lawyer Rising Star in the category of Personal Injury. In its 2023 and 2024 editions, The Best Lawyers in America named him to its "Ones to Watch" category for Personal Injury Litigation - Defendants and Product Liability Litigation - Defendants. For information about these selections and an overview of common third-party publications, rankings, and list methodologies, click here.

Mr. Feigenbaum is an experienced litigator and manages cases from inception through trial. This includes preparing/answering discovery and pleadings, drafting and arguing motions, witness preparation, depositions, and settlement negotiation. He has first-chair trial experience and has successfully defended cases throughout eastern Pennsylvania and in federal court. Mr. Feigenbaum also uses alternative dispute resolution proceedings, such as mediation and binding arbitration, as a tool to secure the most favorable outcomes for his clients, particularly in cases where there is a concern about unfavorable media exposure. He is currently part of the defense team on several active cases defending schools and daycare centers in claims involving sexual abuse/misconduct. Mr. Feigenbaum also regularly assists clients in comprehensive pre-suit investigations in catastrophic injury and wrongful death cases.

Since 2017, Mr. Feigenbaum has routinely served as a court-certified arbitrator for the Philadelphia Court of Common Pleas. Prior to joining Post & Schell, he worked as an associate attorney with a regional defense firm.

Read full bio > Read less >

  • Defense verdict in Philadelphia County on behalf of a trucking company and its tractor-trailer driver in a contested liability motor vehicle accident where the plaintiff claimed significant spinal injuries.
  • Defense verdict on behalf of a condominium association and commercial real estate developer in a fifteen-day Chester County premise liability action where a traumatic brain injury was alleged, and the pre-trial settlement demand was $10M.
  • Verdict of $5,000 against the end-user in a commercial liftgate failure-product liability action in the Philadelphia County Court of Common Pleas following a seven-day jury trial where the three manufacturing co-defendants settled-out, but the jury still found them, collectively, 97.5% liable for the plaintiff’s alleged significant spinal injuries where a liftgate arm snapped, causing 1,500 lbs. of material to strike the plaintiff, rendering him unconscious.  The pre-trial demand against the end-user was $5M.
  • Verdict of less than $100,000 against a nationally recognized pharmacy chain in a negligent security case in the Philadelphia Court of Common Pleas where the plaintiff claimed assault, battery, intentional infliction of emotional distress, and false imprisonment against the retailer based upon an assault by another customer wielding a firearm.  The plaintiff claimed post-traumatic stress disorder, sought punitive damages, and demanded $3M before the six-day trial.  
  • Successfully defended a well-known pharmacy chain where a dying tree fell and struck a customer in its parking lot, resulting in brain damage and spinal cord injuries.
  • Favorable settlement for a traveling carnival after a guest fell from an amusement ride, resulting in multiple fractures and surgery. 
  • Favorable binding arbitration award on behalf of a retail client whose customer was stabbed in its parking lot after an altercation amongst patrons spilled outside of the store.
  • Dismissal by motion at the pleadings stage of claims for emotional distress, fraud, and punitive damages in a federal breach of contract action against a retailer.
  • Represented schools and daycares in multiple state court actions where minor students alleged sexual assault by staff and fellow students on the educational facilities’ premises.  
  • Favorable settlement for a UIM carrier in a federal bad faith case involving multiple plaintiffs claiming permanent spinal cord injuries.
     
  • "Bill of Costs: Who Gets Paid When No One Wins?," The Legal Intelligencer (August 14, 2017) (reprinted in Counterpoint, Pennsylvania Defense Institute, October 2017)
  • "Discoverability of ‘Private’ Facebook Photographs in Personal Injury Suits," American Bar Association's Litigation Committee Newsletter (Summer 2015)

Practices

  • Premises Liability Litigation
  • Hospitality and Retail
  • Casualty Litigation
  • Liquor Liability Litigation
  • Products Liability Litigation
  • Commercial Transportation Litigation
  • Alternative Dispute Resolution

Industries

  • Retail
  • Hospitality
  • Health Care

Education

  • J.D., Cum Laude, University of Miami School of Law, 2013
    Managing Editor, University of Miami National Security & Armed Conflict Law Review,
    Editor, University of Miami Clinician
  • B.A. in History, Cum Laude, University of Richmond, 2010
    President, Phi Alpha Theta National History Honors Society

Bar Memberships

  • New Jersey
  • Pennsylvania

Court Admissions

  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey

Affiliations

  • Defense Research Institute
  • Philadelphia Bar Association
  • Claims Litigation Management Alliance

News & Insights

Blogs & Thought Leadership News

Marriott Permitted to File Third-Party Claims Against Sex Traffickers in Federal Lawsuit

Sex Trafficking Case Against Marriott Allowed to Proceed

PA Superior Court Decision a Reminder to Preserve Evidence and Evaluate Surveillance Policies

Forty-Six Post & Schell Attorneys Named to the 30th Annual Edition of The Best Lawyers in America©
 

Thirty-Two Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2023

Post & Schell Secures Significantly Reduced Verdict for Client in Products Liability Case in Philadelphia County Court of Common Pleas

Forty-Four Post & Schell Attorneys Named to the 2023 Edition of The Best Lawyers in America©

Post & Schell Elects Eleven New Principals in the Firm's Energy, Casualty Litigation, Commercial Litigation, Construction, Professional Liability, and Workers' Compensation Practices

Thirty-Eight Post & Schell Attorneys Named 2022 Super Lawyers and Rising Stars for 2022

Post & Schell Secures Unanimous Jury Verdict for Condominium Association in Chester County Court of Common Pleas

Post & Schell Secures Unanimous Jury Verdict for Condominium Association in Chester County Court of Common Pleas

Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

 

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