Donald H. Brobst

Position: Partner

Address: 15 South Franklin Street
Wilkes-Barre, PA 18711-0075

Email: E-Mail Me

Direct Dial: (570)826-5652

Direct Fax: (570)706-3409

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Assistant's Name: Ann Marie Maskinas

Assistant's E-Mail: amaskinas@rjglaw.com

Donald H. Brobst

PRACTICE

Mr. Brobst is recognized as one of the area’s leading lawyers with respect to civil rights, constitutional, defamation and employment law cases. For over 34 years, Mr. Brobst has prosecuted civil rights claims against states and local government entities on behalf of individual citizens and businesses whose constitutional or civil rights were violated by federal, state or local governmental officials, government regulators or public employees. He also defends local governmental bodies and public officials sued in civil rights cases and serves as the Solicitor for governmental bodies. Clients come to him to seek redress for civil rights violations, or to get unfounded claims dismissed.

In the employment law arena, Mr. Brobst represents clients in all types of litigation arising out of the employment relationship, including employment discrimination claims, sexual harassment claims, wrongful discharge claims, ERISA claims for employee benefits, OSHA claims pertaining to safety in the workplace and claims arising under the Fair Labor Standards Act and the National Labor Relationship Act.

A former law clerk to Federal Judge Michael H. Sheridan, the former Chief Judge of the United States District Court for the Middle District of Pennsylvania, Mr. Brobst is admitted to practice before the Supreme Court of the United States, the United States Courts of Appeal for the Second and Third Circuits, and the United States District Courts for the Middle District and Eastern District of Pennsylvania. Currently, Mr. Brobst serves as Solicitor to several local governments and educational entities including the Bear Creek Community Charter School, the Kingston Township Zoning Hearing Board, Fairview Township and the Mountain Top Council of Governments. A Phi Beta Kappa graduate of Gettysburg College, Mr. Brobst received his law degree from Duke University Law School.

REPRESENTATIVE MATTERS

  • Obtained substantial six figure settlement for a large gymnastics and sports camp operator in the Poconos in a Federal Section 1983 civil rights case where local governmental officials had violated the camp owner's constitutional rights with respect to Code Enforcement and issuance of permits.
  • Obtained summary judgment in several cases for defendant municipality and its officials in Section 1983 civil rights cases in which plaintiff public employees had alleged they had been terminated for political reasons in violation of the First Amendment.
  • Obtained summary judgment on behalf of police officers and municipality in Section 1983 civil rights case in which Plaintiff alleged police officers had arrested and prosecuted Plaintiff without probable cause and used excessive force in making the arrest in violation of the Fourth and Fourteenth Amendments.
  • Obtained defense verdict in trial of employment discrimination case in Federal Court for a construction company accused of racial discrimination.
  • Obtained defense verdict in trial of employment discrimination case in Federal Court on behalf of a corporation accused of sex discrimination.
  • Obtained summary judgment in Federal Court on behalf of a trucking company accused of violating the Americans with Disabilities Act and the Pennsylvania Human Relations Act.
  • Successfully defended media defendants sued in Federal Court under the Federal and Pennsylvania Electronic Surveillance Statutes for broadcasting a newsworthy illegally intercepted and recorded cell phone conversation; case established new First Amendment case law that the First Amendment barred the imposition of civil liability on the media defendants under these statutes for the broadcast of a newsworthy albeit illegally recorded tape.
  • Represented television station in gaining access to closed state judicial proceeding.
  • Obtained dismissal of defamation action brought against television station and its reporters.
  • Representation of a group of approximately 65 scrap dealers who supplied batteries to the Marjol battery-breaking operation who were named defendants in a Section 113 contribution action under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) by the Plaintiff owner seeking recovery for costs incurred and to be incurred to clean up contamination at the Plaintiff’s battery-breaking site.
  • Represented a municipality in obtaining a court injunction closing an all nude-dancing strip club.

EDUCATION

  • Gettysburg College (B.A., magna cum laude, 1970), Phi Beta Kappa
  • Duke University Law School (J.D., 1973)