Brobst

Position: Of Counsel

Practice Areas:
  • Civil Rights
  • Constitutional Law
  • Defamation, Privacy & Communications Law
  • Education Law
  • Employment Discrimination
  • Environmental Law
  • Labor & Employment Law
  • Municipal & Government Law

Contact

Address:
Cross Creek Pointe
1065 Highway 315, Suite 200
Wilkes-Barre, PA 18702

PH: 570-826-5652
FX: 570-826-5640
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Assistant’s Name: Ann Marie Maskinas
Email Assistant

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)

Bar Admissions

  • Pennsylvania
  • United States Supreme Court
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the Middle District of Pennsylvania
  • United States District Court for the Eastern District of Pennsylvania

Industry Experience

  • Construction
  • Education
  • Media

Presentations/Publications

Honors

AV® Peer Review Rating by Martindale Hubbell — This rating attests to a lawyer’s legal ability and professional ethics, and reflects the confidential opinions of members of the Bar and Judiciary. The AV® rating is a testament to the fact that a lawyer’s peers rank him at the highest level of professional excellence for those practicing law for more than 10 years.

Professional Community Activities

  • American Bar Association — Member of Sections on Litigation and Communications Law
  • Pennsylvania Bar Association — Bar/Press Committee, Chairman, 2005–2008; Member (1999–Pressent); Member of Sections on Litigation and Education Law
  • Federal Bar Association
  • Luzerne County Bar Association (Wilkes-Barre Law & Library Association)
  • National Association of College and University Attorneys
  • Hearing Committee, Disciplinary Board of the Pennsylvania Supreme Court — Chairman (2003–2004; Member, 1998–2004)
  • Solicitor, Bear Creek Community Charter School (2007–Present)
  • Solicitor, Kingston Township Zoning Hearing Board (2006–Present)
  • Solicitor, Fairview Township (2006–Present)
  • Solicitor, Mountain Top Council of Governments (2006–Present)
  • Solicitor, East Side Landfill Authority (1987–2009)
  • Solicitor, Shickshinny Borough (1983–1987 and 2000–2003)
  • Solicitor, Nescopeck Zoning Hearing Board (1998–2004)
  • Northeastern Pennsylvania Philharmonic — Board of Directors (1999–Present)
  • First Presbyterian Church of Wilkes-Barre — Elder

Personal Interests

  • Tennis
  • Piano
  • Organ
  • Classical Music
  • Hiking