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Kenneth L. Winters

PARTNER
Civil and Commercial Litigation
Intellectual Property
Office: (973) 845-8330
Fax: (973) 845-7645
kwinters@jmslawyers.com
Court Admissions
  • New Jersey

  • U.S. District Court, New Jersey

  • U.S. Court of Appeals for the Third Circuit

  • U.S. Court of Appeals for the Federal Circuit

Education
  • University of South Carolina, B.A.

  • Duke University School of Law, J.D.

Ken Winters, a Partner with the firm, focuses on appellate practice and complex commercial litigation in federal and New Jersey state courts. His experience includes matters relating to engineering malpractice, construction litigation, challenges to the validity and application of various state and federal laws, antitrust, commercial real estate development and governmental approvals for development, business torts, commercial contract disputes, copyrights and trademarks, and class action cases.

Representative Matters
  • Successfully overturned a model jury charge in a reported appellate decision when representing a doctor and hospital on appeal in a challenge to peer review proceedings.

  • Successfully represented a home improvement contractor in a dispute with the home owner over a substantial renovation project, and obtained a favorable reported appellate decision denying a late attempt to amend the pleadings to assert new claims shortly before trial.

  • Successfully represented a major financial services corporation with respect to a real estate development project through multiple successive appeals with respect to antitrust claims, business tort claims, and environmental permit challenges.

  • Successfully represented a residential real estate developer in an action challenging the overreaching misapplication of an environmental regulation.

  • Successfully represented a benevolent association for participants in the horse racing industry with respect to the proper disposition of funds levied by the N.J. Racing Commission.

  • Successfully represented a secondary mortgage lender with respect to the application of a repealed forfeiture statute regulating the secondary mortgage industry that was in effect at the time of the underlying transaction.

  • Successfully defended a copyright infringement suit for a banking institution with respect to a claim of infringement of certain forms used by the institution.

  • On behalf of a group of residual payees in a class action, reviewed class action members’ claims for payment in a multi-billion dollar settlement to assure that the correct amounts were disbursed to the proper claimants by the claims administrator.