Ernest W. Schoellkopff

Associate

973-631-6014
350 Mount Kemble Avenue
P.O. Box 1917
Morristown, NJ 07962

Ernie Schoellkopff provides insurance coverage advice and litigation services to carriers on policy, allocation and related issues.

He is a frequent appellate practitioner and his work has resulted in over 25 reported opinions.  Ernie also has handled a broad range of complex litigation involving business and real property valuation, health care organization and finance, e-commerce, product liability, commercial contracts and real estate (including land use and eminent domain).

Experience

Membership dissociation, favorable valuation of shareholder interests and intellectual property recovery for the
development and management arm of a multi-state surgery center syndication.

Successful appeal and judgment on remand for increased valuation of beverage chain inventory in division and
distribution of assets.

Summary judgment and frivolous claim costs award in defense of misrepresentation claim against Morris County,
NJ commercial real estate vendors.

Fifth Amendment taking, due process and mineral rights valuation claims to restore rights of mining property
owners following rezoning; successful appeal to Third Circuit.

Successful appeal and favorable construction of contractual indemnity for structural steel fabricator.

Winning appeal and dismissal of suit against individual guarantor of demand note with automatic acceleration clause.

Nationwide EIFS claim and insurance analysis for international chemical and materials manufacturer.

Judgment and award of damages on contractee’s default and repudiation in development of satellite radio
transmission system.

Representation of worldwide manufacturer in class-action home appliance defective material claims.

Defense and nuisance-value settlement of manufacturing defect claims against industrial fabric and coatings
manufacturer in international billboard sign litigation.

Representation and judgment for various insurers in actions among carriers claiming indemnity for toxic tort
(asbestos, Legionella), environmental, construction defect and interstate motor carrier claims.

Summary judgment and frivolous claim sanctions for independent cargo hauler against authorized carrier and
insurer based on Carmack Amendment and anti-subrogation rule.

National trial and appellate brief drafting and legal argument coordination for shipbuilder’s defense of toxic tort
claims.

All aspects of eminent domain litigation to condemn over a hundred parcels for New Jersey development authority.

Representation of insurers/developers in regional real estate, contract and premises liability litigation.

Recovery of funds for process heating systems manufacturer following dishonor of international letter of credit by foreign bank.

Defense and dismissal of medical device claims against contact lens manufacturer.

Judgment for paint manufacturer on reactive airways dysfunction claims.

Judgment for producer of food wrapping machinery in repetitive stress injury product liability suit.

Prosecution and substantial settlements in blood product transfusion litigation.

Reversal on appeal of $15 million and other substantial verdicts in obstetrical and other health care malpractice
actions.

Dismissal of claim against property insurer and judgment on counterclaim for fraud against policyholder in theft
claim.

Publications and Presentations

“Amendments to UCC Article 2: Computer Software Shrinkwrap and Other Delayed Contract Terms,” The Metropolitan Corporate Counsel

“Ordering the Purposes of Sentencing: A Prologue to Guidelines,” 2 Notre Dame J.L. Ethics & Pub. Pol’y 503 (1986);

Community Service

New Jersey Lawyers Volunteer for the Arts

St. Mark’s Episcopal Church, Columbus, OH (delegate to diocesan convention, organ completion committee, verger and choir)

Secretary, Dublin Crew, Inc., 2014-15

Madison, NJ Board of Health, 2010-11

Dartmouth Club of Suburban New Jersey (Secretary, 1994-96; Enrollment Director 1996-2000)

Grace Episcopal Church, Madison, NJ (Vestry 1995-97; Nominating Committee Chair, 1999-2008)

Ridge Light Opera (NJ) Board of Directors, 2003-11