Stuart C. Gaul, Jr.

Partner | Litigation

Overview

Stuart is a Partner in WH Burkley’s Litigation Group. He develops and implements strategy and tactics for all aspects of commercial disputes, pursuing and defending claims in federal and state trial and appellate courts, in arbitration proceedings, and through mediation.

Stuart has more than 25 years of experience in corporate and commercial litigation, with experience ranging from investigation and discovery through motions practice, trials, and appeals. His strengths include written & oral advocacy, factual analysis, and case strategy development. He has argued before the Supreme, Superior, and Commonwealth courts of Pennsylvania.

Before joining the Firm, Stuart was a partner at a regional law firm and a solo practitioner.

Stuart’s professional focus is in Commercial & Corporate Litigation, Business Disputes, Zoning & Land Use, Consumer Litigation and Real Estate Litigation. He represents business owners, real estate developers, manufacturers, retailers, property owners, construction companies, and advertising companies.

Experience

  • Won judgment exceeding $40 million, affirmed on appeal, and injunction against a multinational conglomerate in a dispute over payment of franchise royalties, ownership of the franchise, and use of the franchisor’s marks.
  • Won jury verdict and award of attorney’s fees on trademark infringement, Computer Fraud & Abuse Act, and cybersquatting claims.  On appeal, won affirmance and award of additional attorney’s fees.
  • Won appellate reversal in matter concerning “reasonable and necessary” accommodation for persons with disabilities.
  • Won dismissal, affirmed on appeal, of RICO and state-law claims against a health insurer in a putative class-action lawsuit claiming a pattern of wrongful reimbursement for emergency medical services.
  • Won disallowance of bankruptcy claim of which court noted following hearing, “In ten years, the Court has never held a stronger conviction that a fraud was perpetrated upon the court.”
  • Defeated claim for more than $10 million in lost profits against a national transportation manufacturer in a trial of action brought by a failed local developer of proposed components.
  • Represented foreign construction company in recovery of $20 million wrongfully drawn on a letter of credit.
  • Defeated class-action claims against independent publisher that sought to invalidate contracts with authors and other creators.
  • Through local pro bono program, represented a young child in establishing paternity and obtaining and maintaining child support payments. When the father died intestate, ensured that his client was recognized as the sole heir and could use a portion of his inheritance for needed improvements to his quality of life.

Recognition

  • Super Lawyers – Business Litigation (Pennsylvania) | 2014-present
  • Best Lawyers – Commercial Litigation | 2026

Presentations

  • Litigating Civil Cases in Pennsylvania From Start to Finish, NBI, 2025 & 2026

Associations

  • Past President, Amy Reynolds Hay American Inn of Court
  • Allegheny County Bar Association

Education

  • Yale University (B.A. in History)
  • University of Pittsburgh, J.D. magna cum laude
    • Managing Editor, University of Pittsburgh Law Review
    • Order of the Coif