Back to Directory

darlene_nowak

Ms. Nowak practices primarily in the area of commercial litigation, creditor's rights, orphan's court litigation and estate planning and administration.

Commercial Law: A former bankruptcy law clerk, Ms. Nowak has published articles on bankruptcy and commercial law in the American Bankruptcy Law Journal and the University of Michigan Journal of Law Reform, and has spoken on the panels of the Annual Tri-State Bankruptcy Symposium of the Bankruptcy and Commercial Law Section of the Allegheny County Bar Association. Ms. Nowak's article on turnover from tax levies was one of the authorities used and followed by the U.S. Supreme Court in the case of United States v. Whiting Pools, Inc., 462 U.S. 198, 103 S. Ct. 2309, 76 L. Ed. 2d 515 (1983).

Ms. Nowak was successful in a case of first impression before the U.S. Court of Appeals for the Sixth Circuit in Giant Eagle, Inc., et al. v. Phar-Mor, Inc., 528, F.3d 455 (6th Cir. 2008) establishing an equipment lessor's right to damages in bankruptcy where remedial measures fail. She also successfully defended a regional distributor in a multi-million dollar breach of contract action arising out of the sale of extended warranties. In addition, Ms. Nowak has represented numerous commercial landlords in actions against defaulting tenants in and out of bankruptcy court, often collecting sums in cases others have written off.

Estate Planning and Litigation: Elder citizens are living longer, healthier and more diverse lives than ever before and Ms. Nowak is experienced in defending their rights to use or leave their property to whomever they wish, and helping them construct estate plans that protect their rights to honor and reward only those persons and organizations closest to their hearts.

Where the rights of the frail or disabled elderly are involved, Ms. Nowak has been successful in recovering the person and property of frail elderly who are removed from their homes or relieved of their assets by interfering or opportunistic family members.

Ms. Nowak has a substantial practice in the area of estate litigation and has participated in cases testing wills, gifts and issues of guardianship and capacity. She successfully represented the heirs of a deceased landowner in recovering payment for land claimed by a government agency more than fifty years earlier.

Back to Directory

Practice Concentration

  • Commercial Litigation
  • Estate Administration and Litigation
  • Creditors Rights
  • Bankruptcy

Education

  • University of Michigan, J.D. cum laude, 1981
  • Canisius College, B.A. summa cum laude, 1978

Honors

  • Managing Editor, University of Michigan Law School, Journal of Law Reform, 1980-1981
  • Dykema Scholarship, University of Michigan Law School
  • National Merit Scholar, 1974
  • Served for three years as a Board Member, Allegheny County Bar Association, Bankruptcy and Commercial Law Section

Judicial Clerkship

  • Honorable George Brody, U.S. Bankruptcy Court, Eastern District of Michigan, 1981-1982

Admitted to Practice

  • Pennsylvania and the U.S. District Court, Western District of Pennsylvania
  • New York Court of Appeals
  • U.S. Court of Appeals, Third and Sixth Circuits