Robert Day is a partner in Montgomery McCracken’s Litigation Department and serves as co-chair of the firm's Appellate Practice. He has significant experience litigating high-stakes claims and complex legal issues in state and federal courts around the country, with a particular focus on class action defense. Rob also has substantial appellate experience, having represented clients before both the intermediate and Supreme Court in Pennsylvania, the United States Court of Appeals for the Second, Third, and Fifth Circuits, and the United States Supreme Court. Rob has presented oral argument before the Third and Fifth Circuits.
Rob has defended major players (including Fortune 500 companies) and small businesses alike from a diverse array of industries—including tech, manufacturing, spirits, and retail—facing an equally diverse array of legal claims. In his class action defense practice, he has defended companies against antitrust, consumer protection, Real Estate Settlement Practices Act (“RESPA”), and Fair and Accurate Credit Transactions Act (“FACTA”) claims (among others). Rob has extensive experience litigating and advising companies on arbitration law issues. He also has litigated First Amendment issues and commercial disputes.
Dedicated to the craft of legal writing, Rob strives to ensure every brief he files is persuasive, punchy, and—above all—clear. He also contributes regularly to the firm’s thought leadership, publishing articles that focus on issues related to class action defense and arbitration.
Prior to joining Montgomery McCracken, Rob was a law clerk for the Honorable Edith Clement on the U.S. Court of Appeals for the Fifth Circuit in New Orleans, LA. He also clerked for the Honorable Mary C. Jacobson, Assignment Judge for Mercer County, and the Honorable Mitchel E. Ostrer on the New Jersey Appellate Division.
Robert earned his J.D. degree from University of Pennsylvania School of Law, where he served as the Articles Editor for the University of Pennsylvania Journal of Constitutional Law and was a member of the Supreme Court Clinic, participating in merits briefing before the United States Supreme Court. He also received a Certificate in Business from the Wharton School. Prior to attending law school, Robert received his A.B. degree in Philosophy from Princeton University and a Master’s in Religion from Westminster Theological Seminary.
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Class Action
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Appellate
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Litigation
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1 of 7 Credentials
Selected Representations - Representing major video game distributor in a nationwide class-action lawsuit alleging antitrust violations based on the pricing policies of its online game distribution platform.
- Representing bank in two concurrent nationwide class actions alleging that its predecessor engaged in an illegal kickback and price-fixing scheme with title companies in violation of RESPA and antitrust laws.
- Representing publicly traded retailer in nationwide class action alleging that the company violated FACTA’s receipt-printing requirements.
- Representing pharmaceutical company in case involving claims alleging violations of the Racketeering Influenced and Corrupt Organizations Act (RICO) and state consumer protection statutes.
- Representing class of small businesses and individuals in mandamus action against the Pennsylvania Liquor Control Board over its failure to provide a direct-delivery service for special-order alcohol purchases in violation of state statute.
- Secured complete victory on summary judgment on behalf of one of the nation’s largest manufacturers of a natural gas piping product, against nationwide class action alleging violations of a state consumer protection statute, conspiracy, and unjust enrichment.
- Secured two voluntary dismissals for major investment company (managing over $70 billion in assets) after filing motions to dismiss in lawsuits alleging consumer protection and tort claims.
- Successfully moved to compel arbitration on behalf of Microsoft Corporation against consumer alleging tort and breach of contract claims, enforcing the Microsoft Services Agreement (the company’s consumer agreement governing use of its various services).
- Secured complete victory on motion to dismiss on behalf of a prominent online mortgage-closing service provider facing breach of contract and tort claims.
- Secured highly favorable settlement—based on arguments raised on appeal to the U.S. Court of Appeals for the Second Circuit—defending healthcare providers against RICO, fraud, and other claims brought by major insurance company seeking over $25 million in damages.
- Successfully represented minority owner in freeze out attempt involving celebrity brand spirits company, defeating conspiracy, embezzlement and breach of contract claims after multi-day arbitration hearing.
Selected Publications - Author, “Court Applies Strong Presumption Against Impossibility Preemption in In re Fosamax,” September 2024
- Mentioned, “Montgomery McCracken Secures Landmark Appellate Win for Pro Bono Client Before Fifth Circuit Court of Appeals,” May 2024
- Mentioned, “Montgomery McCracken Elects Five New Partners In Pa., NY,” Law360 Pulse, March 2024
- Co-Author, “Uninjured Class Members Can Defeat Predominance: the Ninth Circuit Provides a Way in Van v. LLR,” June 2023
- Co-Author, “A Survey of State Standing Where Federal Standing Fails,” September 2021
- Co-Author, ““What’s it to you?” Supreme Court’s TransUnion v. Ramirez Opinion Limits Article III Standing for Class Action Plaintiffs in Federal Court,” September 2021
- Mentioned, “How Montgomery McCracken Popped Pa. Liquor Control Fight,” Law360 Pulse, April 2021
- Co-Author, “Proposed HEROES Act Poses Great Risks to Those Extending Credit or Attempting to Collect on a Debt,” August 2020
- Co-Author, “Pa. Court’s Ruling On Uber Terms Clashes With Case Law,” Law 360, January 2020
- Co-Author, “On Novel Grounds, Philadelphia Judge Rejects Uber’s Bid to Arbitrate Passenger’s Personal Injury Claim,” January 2020
Honors & Awards - Selected to the Pennsylvania Super Lawyers Rising Star list in 2023-2024. The Super Lawyers list is issued by Thomson Reuters and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
Education Law School
- University of Pennsylvania Law School
Graduate School
- Westminister Theological Seminary
Undergraduate School
