Post & Schell, P.C.

Robert J. Balch

Principal
Vice-Chair, Casualty Litigation Department

Allentown, PA

Phone: 610-774-0317
Fax: 610-433-3972
rbalch@postschell.com

Mt. Laurel, NJ

Philadelphia, PA

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Bio

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Robert J. Balch is a Principal and Vice-Chair of the firm's Casualty Litigation Department and Chair of the firm's Liquor Liability Practice Group. He litigates matters which involve complex issues and catastrophic injuries and damages. A specialist in commercial transportation, products liability, liquor/hospitality/special event and premises liability, his representative clients include product manufacturers, servicers and distributors in the fire, alarm and life safety, vehicle, medical device and consumer product industries; large retailers; taverns, bars, social clubs and restaurants; and commercial landowners and management companies. 

Mr. Balch is often called upon to oversee pre-suit investigation of large loss events across the country. A recent investigation involved alleged defects pertaining to a consumer product available throughout North America, which subsequently resulted in a multi-million dollar recovery in a subrogation matter brought on behalf of the client. 

As Chair of the firm's Liquor Liability Practice Group, Mr. Balch has successfully defended bars, restaurants, casinos, fraternal organizations, colleges, clubs, and property owners from allegations of improper alcohol service, lax security, hazing, and criminal conduct by patrons, employees, and guests. He has achieved numerous orders and opinions narrowing the scope of permissible claims against alcoholic service providers in both Pennsylvania and New Jersey. He frequently presents on trends and changes which impact the alcohol service industry and works closely with clients on developing and improving alcohol service policies and procedures.

Certified in advanced mediation training and tactics, Mr. Balch frequently engages in ADR in support of his clients’ interests and has served as an arbitrator and neutral. He is a certified mediator for the United States District Court for the Eastern District of Pennsylvania.

Prior to obtaining his law degree, Mr. Balch worked in management for a multi-state utility company, supervising a team of unionized field employees in New York City and the surrounding Boroughs. He worked full-time while completing his law degree, including serving as a law clerk to a Superior Court Judge in Warren County (NJ). Outside of the office, Mr. Balch serves as an elected officer of a non-profit community organization, a volunteer youth coach and commissioner, and a mock interviewer for local law students. 

Mr. Balch is active in providing volunteer legal services and received the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor award for the services he provided to assist homeowners in negotiating to keep their homes when facing foreclosure, and has achieved defense verdicts for multiple defendants in criminal matters stemming from substance abuse. 

Mr. Balch has been recognized as a Super Lawyer Rising Star each year since 2013. In 2017, he was named to Lehigh Valley Business'  "Forty Under 40," an annual list that recognizes, “the Greater Lehigh Valley's most accomplished young businessmen and women who share a commitment to business growth, professional excellence, and to the community." Also in 2017, he was named a SelectLawyer by Lehigh Valley Style magazine. In 2023, he was named by Lehigh Valley Business to the publication's Power List for Law. For information about these selections and an overview of common third-party publications, rankings, and list methodologies, click here.

 

Read full bio > Read less >

Practices

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

Industries

  • Manufacturing
  • Commercial Transportation
  • Municipal & Government

Education

  • J.D., Rutgers University School of Law, 2006
  • B.S. in Labor Industrial Relations, Pennsylvania State University, 2002
    Business/Economics minor

Bar Memberships

  • New Jersey (2006)
  • Pennsylvania (2006)

Court Admissions

  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the District of New Mexico

Affiliations

  • Pennsylvania Gaming Control Board - Licensed Entity Representative
  • Pennsylvania Defense Institute
  • Pennsylvania Restaurant & Lodging Association (PR&LA)
  • Villanova University Charles Widger School of Law – Recruitment and Mock Trial Volunteer

Pro Bono

  • Recipient of Pro Bono Roll of Honor, First Judicial District of Pennsylvania
  • Philadelphia Mortgage Foreclosure Diversion Pilot Program Volunteer

Representative Cases

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  • Defense verdict in Dram Shop liability action on behalf of country club sued for alleged over-service of a patron, who after leaving the premises, struck two individuals, resulting in dual fatalities. Pre-trial settlement demand was in the mid-seven figures and punitive damages were at issue.
  • Defense verdict in consumer fraud action in State of New Jersey involving alleged “upselling” and fraudulent dealing.
  • Defense verdict in products liability matter involving forklift manufacturer arising out of workplace accident at a national chain distribution center which resulted in near amputation. 
  • Verdict in favor of corporate client on breach of contract action, resulting in repayment of all requested compensatory damages, attorneys’ fees, and costs incurred by the client after several day trial.
  • Defense verdict in binding arbitration on behalf of a client who struck a pedestrian in the roadway, resulting in catastrophic injuries. There was a policy limit settlement demand prior to the parties agreeing to submit to binding arbitration.  
  • Dismissal of premises liability matter involving the collapse of a sliding glass door, resulting in severe neck injuries to the plaintiff, after aggressive early motion practice established client was shielded from liability due to statutory immunity. 
  • Dismissal from several hundred-thousand-dollar water loss incidents after establishing fire safety clients' compliance with applicable standards and alternative causes of the loss. 
  • Dismissal by motion at the pleading stage in a dram shop claim involving claims of punitive damages and catastrophic injuries having successfully challenged the basis for client’s joinder in the case and prematurity of indemnity claim.
  • Dismissal by summary judgment and declaratory judgment in a forklift injury case in which client was awarded repayment of all attorneys’ fees and indemnity from a defendant joined to the case by Mr. Balch’s client.
  • Successfully defended products liability suit involving alleged defective electric heater, achieving a nominal settlement and securing repayment of the settlement amount and all costs and attorneys’ fees from co-defendant through prosecution of cross-claim.
  • Dismissal of police department and officer from federal civil rights action after aggressive motion practice and without need for costly discovery.
  • Dismissal by summary judgment on behalf of commercial tenant in New Jersey over opposition of other parties in litigation stemming from slip-and-fall in parking area allegedly controlled by client.
  • Obtained several favorable rulings narrowing scope of liquor liability exposure in both Pennsylvania and New Jersey.

Decisions

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  • Gutierrez v. Officine Meccaniche Giovanni Cerutti, SpA, et al., 2014 WL 6969579 (E.D. Pa., December 9, 2014) (dismissal of Italian product manufacturer based on lack of personal jurisdiction in catastrophic personal injury case brought by Pennsylvania citizen)
  • Diskin v. Ajax Tocco Magathermic, et al., (Northampton County, PA, Oct. 10, 2013) (dismissal of Swiss product manufacturer based on lack of personal jurisdiction in multi-plaintiff catastrophic personal injury case)

Presentations

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  • Co-Presenter, "Dram Shop Liability Defense and Risk Management: Avoiding a Liability Hangover," Pennsylvania Restaurant & Lodging Association (PR&LA) Webinar (August 21, 2019)
  • Co-Presenter, "Pennsylvania Dram Shop Defense: Avoiding a Risk and Liability Hangover," Lancaster Chamber of Commerce, Lancaster, PA (May 25, 2017)
  • Panelist,  "The Injury Evaluation Process - What's New?," Verisk Insurance Solution's Claims Summit 2016, Jersey City, NJ (September 28, 2016) 
  • Co-Presenter, "Pennsylvania Dram Shop Defense: Avoiding a Risk and Liability Hangover," PR&LA Meeting, Allentown, PA (April 12, 2016)
  • Co-Presenter, "Managing a Catastrophic Loss: From Accident Response Through Litigation," Continuing Education Seminar Co-Sponsored by Dallas-Fort Worth Chapter of RIMS, Dallas, TX (June 11, 2015)
  • Presenter, "Is It Safe to Look? Issues and Strategies for Being an Ethical Social Media 'Peeping Tom'," CLE program hosted by the Philadelphia Association of Defense Counsel (PADC), Philadelphia, PA (May 20, 2014)

News & Insights

News

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Robert J. Balch Named to Lehigh Valley Business' 2023 Power List in Law

Robert J. Balch Appointed Vice-Chair of Post & Schell's Casualty Litigation Department

Rob Balch and Anthony Knapp Secure Dismissal of Charges for Pro Bono Client in New Jersey

Post & Schell Principal Robert J. Balch Selected for Lehigh Valley Business Magazine's 2017 Forty Under 40 Awards

Post & Schell Elects Attorney Robert J. Balch as Principal

U.S. District Court Excludes Testimony of Plaintiff's Expert, Awards Summary Judgment to Royal Oak Enterprises

Media & Articles

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Bruce Wickersham and Rob Balch Discuss Steps in the Civil Litigation Process for Rental Management Magazine

Speaking Engagements

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Rob Balch and John Croumer Present on Dram Shop/Liquor Liability on Pennsylvania Restaurant & Lodging Association Webinar on Aug. 21

Rob Balch and John Croumer Present on Dram Shop/Liquor Liability to Lancaster Chamber on May 25

Rob Balch and Ian Baxter Serve as Panelists at Verisk Insurance Solution's Claims Summit 2016 on Sept. 28

Rob Balch and Ian Baxter Present on Dram Shop Liability in Pennsylvania on April 12

Workers' Comp. and Casualty Principals Present on Reducing the Cost of Claims in Pennsylvania to Dallas Risk Professionals on June 11

Casualty Litigation Attorney Rob Balch Presents on Social Media Ethics for Attorneys at PADC Luncheon on May 20

Blogs & Thought Leadership

Toggle Button Open

PA Supreme Court: Blood Alcohol Content of Pedestrian Killed in Accident Admissible

Bio Representative Cases Decisions Presentations

Robert J. Balch is a Principal and Vice-Chair of the firm's Casualty Litigation Department and Chair of the firm's Liquor Liability Practice Group. He litigates matters which involve complex issues and catastrophic injuries and damages. A specialist in commercial transportation, products liability, liquor/hospitality/special event and premises liability, his representative clients include product manufacturers, servicers and distributors in the fire, alarm and life safety, vehicle, medical device and consumer product industries; large retailers; taverns, bars, social clubs and restaurants; and commercial landowners and management companies. 

Mr. Balch is often called upon to oversee pre-suit investigation of large loss events across the country. A recent investigation involved alleged defects pertaining to a consumer product available throughout North America, which subsequently resulted in a multi-million dollar recovery in a subrogation matter brought on behalf of the client. 

As Chair of the firm's Liquor Liability Practice Group, Mr. Balch has successfully defended bars, restaurants, casinos, fraternal organizations, colleges, clubs, and property owners from allegations of improper alcohol service, lax security, hazing, and criminal conduct by patrons, employees, and guests. He has achieved numerous orders and opinions narrowing the scope of permissible claims against alcoholic service providers in both Pennsylvania and New Jersey. He frequently presents on trends and changes which impact the alcohol service industry and works closely with clients on developing and improving alcohol service policies and procedures.

Certified in advanced mediation training and tactics, Mr. Balch frequently engages in ADR in support of his clients’ interests and has served as an arbitrator and neutral. He is a certified mediator for the United States District Court for the Eastern District of Pennsylvania.

Prior to obtaining his law degree, Mr. Balch worked in management for a multi-state utility company, supervising a team of unionized field employees in New York City and the surrounding Boroughs. He worked full-time while completing his law degree, including serving as a law clerk to a Superior Court Judge in Warren County (NJ). Outside of the office, Mr. Balch serves as an elected officer of a non-profit community organization, a volunteer youth coach and commissioner, and a mock interviewer for local law students. 

Mr. Balch is active in providing volunteer legal services and received the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor award for the services he provided to assist homeowners in negotiating to keep their homes when facing foreclosure, and has achieved defense verdicts for multiple defendants in criminal matters stemming from substance abuse. 

Mr. Balch has been recognized as a Super Lawyer Rising Star each year since 2013. In 2017, he was named to Lehigh Valley Business'  "Forty Under 40," an annual list that recognizes, “the Greater Lehigh Valley's most accomplished young businessmen and women who share a commitment to business growth, professional excellence, and to the community." Also in 2017, he was named a SelectLawyer by Lehigh Valley Style magazine. In 2023, he was named by Lehigh Valley Business to the publication's Power List for Law. For information about these selections and an overview of common third-party publications, rankings, and list methodologies, click here.

 

Read full bio > Read less >

  • Defense verdict in Dram Shop liability action on behalf of country club sued for alleged over-service of a patron, who after leaving the premises, struck two individuals, resulting in dual fatalities. Pre-trial settlement demand was in the mid-seven figures and punitive damages were at issue.
  • Defense verdict in consumer fraud action in State of New Jersey involving alleged “upselling” and fraudulent dealing.
  • Defense verdict in products liability matter involving forklift manufacturer arising out of workplace accident at a national chain distribution center which resulted in near amputation. 
  • Verdict in favor of corporate client on breach of contract action, resulting in repayment of all requested compensatory damages, attorneys’ fees, and costs incurred by the client after several day trial.
  • Defense verdict in binding arbitration on behalf of a client who struck a pedestrian in the roadway, resulting in catastrophic injuries. There was a policy limit settlement demand prior to the parties agreeing to submit to binding arbitration.  
  • Dismissal of premises liability matter involving the collapse of a sliding glass door, resulting in severe neck injuries to the plaintiff, after aggressive early motion practice established client was shielded from liability due to statutory immunity. 
  • Dismissal from several hundred-thousand-dollar water loss incidents after establishing fire safety clients' compliance with applicable standards and alternative causes of the loss. 
  • Dismissal by motion at the pleading stage in a dram shop claim involving claims of punitive damages and catastrophic injuries having successfully challenged the basis for client’s joinder in the case and prematurity of indemnity claim.
  • Dismissal by summary judgment and declaratory judgment in a forklift injury case in which client was awarded repayment of all attorneys’ fees and indemnity from a defendant joined to the case by Mr. Balch’s client.
  • Successfully defended products liability suit involving alleged defective electric heater, achieving a nominal settlement and securing repayment of the settlement amount and all costs and attorneys’ fees from co-defendant through prosecution of cross-claim.
  • Dismissal of police department and officer from federal civil rights action after aggressive motion practice and without need for costly discovery.
  • Dismissal by summary judgment on behalf of commercial tenant in New Jersey over opposition of other parties in litigation stemming from slip-and-fall in parking area allegedly controlled by client.
  • Obtained several favorable rulings narrowing scope of liquor liability exposure in both Pennsylvania and New Jersey.
  • Gutierrez v. Officine Meccaniche Giovanni Cerutti, SpA, et al., 2014 WL 6969579 (E.D. Pa., December 9, 2014) (dismissal of Italian product manufacturer based on lack of personal jurisdiction in catastrophic personal injury case brought by Pennsylvania citizen)
  • Diskin v. Ajax Tocco Magathermic, et al., (Northampton County, PA, Oct. 10, 2013) (dismissal of Swiss product manufacturer based on lack of personal jurisdiction in multi-plaintiff catastrophic personal injury case)
  • Co-Presenter, "Dram Shop Liability Defense and Risk Management: Avoiding a Liability Hangover," Pennsylvania Restaurant & Lodging Association (PR&LA) Webinar (August 21, 2019)
  • Co-Presenter, "Pennsylvania Dram Shop Defense: Avoiding a Risk and Liability Hangover," Lancaster Chamber of Commerce, Lancaster, PA (May 25, 2017)
  • Panelist,  "The Injury Evaluation Process - What's New?," Verisk Insurance Solution's Claims Summit 2016, Jersey City, NJ (September 28, 2016) 
  • Co-Presenter, "Pennsylvania Dram Shop Defense: Avoiding a Risk and Liability Hangover," PR&LA Meeting, Allentown, PA (April 12, 2016)
  • Co-Presenter, "Managing a Catastrophic Loss: From Accident Response Through Litigation," Continuing Education Seminar Co-Sponsored by Dallas-Fort Worth Chapter of RIMS, Dallas, TX (June 11, 2015)
  • Presenter, "Is It Safe to Look? Issues and Strategies for Being an Ethical Social Media 'Peeping Tom'," CLE program hosted by the Philadelphia Association of Defense Counsel (PADC), Philadelphia, PA (May 20, 2014)

Practices

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

Industries

  • Manufacturing
  • Commercial Transportation
  • Municipal & Government

Education

  • J.D., Rutgers University School of Law, 2006
  • B.S. in Labor Industrial Relations, Pennsylvania State University, 2002
    Business/Economics minor

Bar Memberships

  • New Jersey (2006)
  • Pennsylvania (2006)

Court Admissions

  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the District of New Mexico

Affiliations

  • Pennsylvania Gaming Control Board - Licensed Entity Representative
  • Pennsylvania Defense Institute
  • Pennsylvania Restaurant & Lodging Association (PR&LA)
  • Villanova University Charles Widger School of Law – Recruitment and Mock Trial Volunteer

Pro Bono

  • Recipient of Pro Bono Roll of Honor, First Judicial District of Pennsylvania
  • Philadelphia Mortgage Foreclosure Diversion Pilot Program Volunteer

News & Insights

Blogs & Thought Leadership Media & Articles News Speaking Engagements

PA Supreme Court: Blood Alcohol Content of Pedestrian Killed in Accident Admissible

Bruce Wickersham and Rob Balch Discuss Steps in the Civil Litigation Process for Rental Management Magazine

Robert J. Balch Named to Lehigh Valley Business' 2023 Power List in Law

Robert J. Balch Appointed Vice-Chair of Post & Schell's Casualty Litigation Department

Rob Balch and Anthony Knapp Secure Dismissal of Charges for Pro Bono Client in New Jersey

Post & Schell Principal Robert J. Balch Selected for Lehigh Valley Business Magazine's 2017 Forty Under 40 Awards

Post & Schell Elects Attorney Robert J. Balch as Principal

U.S. District Court Excludes Testimony of Plaintiff's Expert, Awards Summary Judgment to Royal Oak Enterprises

Rob Balch and John Croumer Present on Dram Shop/Liquor Liability on Pennsylvania Restaurant & Lodging Association Webinar on Aug. 21

Rob Balch and John Croumer Present on Dram Shop/Liquor Liability to Lancaster Chamber on May 25

Rob Balch and Ian Baxter Serve as Panelists at Verisk Insurance Solution's Claims Summit 2016 on Sept. 28

Rob Balch and Ian Baxter Present on Dram Shop Liability in Pennsylvania on April 12

Workers' Comp. and Casualty Principals Present on Reducing the Cost of Claims in Pennsylvania to Dallas Risk Professionals on June 11

Casualty Litigation Attorney Rob Balch Presents on Social Media Ethics for Attorneys at PADC Luncheon on May 20

 

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