Aaron H. Weiss
Director
“I prioritize each and every client I have the pleasure of representing. I respond quickly to emails, answer my phone, and am available to assist with all questions and concerns they have.”
Aaron has quickly gained a wealth of experience handling cases from start to finish, including more than 5 jury trials and more than 3 appellate oral arguments. While he strives to reach an early and positive resolution of each matter, he is ready and able to personally see every matter through to the finish line. During the course of his representation, he strives to provide experience and knowledge so clients have comfort with whatever situation they are in.
Aaron joined Zimmer Kunz as a law clerk in May of 2014 and has continued working there ever since. He has handled a vast array of matters including litigation, alternative dispute resolution, and advising clients / businesses. He has represented clients as both Plaintiffs and Defendants.
Aaron was the founder of Zimmer Kunz’s brewery and alcohol practice and also assists many alcohol manufacturers with federal and state liquor licensing, zoning issues, tax reassessments, preparation of contracts / handbooks / policies / procedures, and any other issues that may arise.
Prior to joining Zimmer Kunz, Aaron gained valuable experience as an intern at the United States Department of Justice, Prince George’s County Office of the Public Defender, and District of Columbia Office of the Attorney General.
Outside of work, Aaron is an avid homebrewer and enjoys ultimate frisbee, boating, and traveling with his wife Emily and son Carson.
Education
Undergraduate:
George Washington University, B.A. 2012Law School:
Duquesne University School of Law, J.D. 2015, Cum Laude- Law Review
- Moot Court
- ABA National Appellate Advocacy Competition, 2014
- Top Oral Advocate
- Best Brief
- Dean Jerome Price Evidence Competition, 2015
- Finalist
- ABA National Appellate Advocacy Competition, 2014
- Teaching Assistant for Legal Research and Writing
Admissions
- Pennsylvania
- West Virginia
- The Supreme Court of the United States of America
- The United States Court of Appeals for the Third Circuit
- The United States District Court for the Eastern District of Pennsylvania
- The United States District Court for the Middle District of Pennsylvania
- The United States District Court for the Western District of Pennsylvania
- The United States District Court for the Northern District of West Virginia
- The United States District Court for the Southern District of West Virginia
Memberships
- Federal Bar Association
- President of the Western District of Pennsylvania from 2023-2025
- Member of the Community Service and Outreach Committee (2018-2021 term)
- Western District of Pennsylvania Local Liaison for Support of Lawyers/Legal Personnel—All Concern Encouraged (SOLACE)
- Defense Trial Counsel of West Virginia
- Associate Member of the Brewers of Pennsylvania
- American Bar Association
- Pennsylvania Bar Association
- Allegheny County Bar Association
- Duquesne University School of Law, Alumni Association
Venue Experience
- The Superior Court of Pennsylvania
- Pennsylvania Trial Courts
- West Virginia Trial Courts
- The United States Court of Appeals for the Third Circuit
- The United States District Court for the Western District of Pennsylvania
- The United States District Court for the Eastern District of Pennsylvania
- The United States District Court for the Southern District of West Virginia
Awards
- 2023 Pennsylvania Super Lawyers© Rising Star
- 2022 Pennsylvania Super Lawyers© Rising Star
- 2021 Pennsylvania Super Lawyers© Rising Star
Speaking Engagements
- Brewery Law for Beginners (Barrel & Flow, August 2023; National Homebrew Con, June 2022)
- Fermentation and Litigation (Lawline, August 2023; Barrel & Flow, September 2021)
- NBI’s Brewery and Distillery Law in Pennsylvania (November 2022)
- The Weekly Re-Cap Podcast: PA Brewery Law (November 9, 2022)
- Alternative Service in the 21st Century (Federal Bar Association, July 2021)
Significant Matters
Appeals:
- Sheeder v. Hudson, (Superior Court of Pa. Nov. 2020), The Superior Court affirmed the trial court’s Judgment on the Pleadings, finding that Plaintiffs/Appellants’ claims were barred since they previously entered into a full and final release. The fact that Defendant was identified by first and middle name – as opposed to last name – on the release did not alter its intent, as the plain language of the release properly described the location and date of the accident.
- Harris v. Rosenfeld, (Superior Court of Pa. Jan. 2020), The Superior Court affirmed the jury’s Defense Verdict (see “Trials” section below), finding that Plaintiff/Appellant failed to preserve any issues on appeal.
Trials:
- Waugh v. Progressive (Western District of PA, Oct. 2022), Obtained a favorable result after a three-day jury trial for an underinsured motorist (UIM) case. Plaintiff (age 25) claimed she suffered ongoing neck / back pain (including a disc herniation), and headaches that would require future surgeries and treatment for the remainder of her life, including future medical costs of over $400,000.00. The defense presented evidence that Plaintiff (1) suffered only a soft-tissue neck sprain that fully healed; (2) did not require any future treatment; and (3) did not pierce the threshold of limited tort, such that she was precluded from recovering non-economic damages. The jury verdict was ultimately molded to approximately $15,000.
- Scheller v. Miklusko, (Allegheny County, Pa. Oct. 2021), Obtained a Defense Verdict after a two-day jury trial in a case arising out of a two vehicle accident at a three-way intersection. The Defense challenged both liability and damages. With regard to liability, the defense presented evidence that the defendant arrived at the stop sign first, and it was plaintiff who turned left, out of order, causing the accident in defendant’s lane of travel. The jury returned a verdict in favor of the Defendant, finding that he was not at fault for the accident.
- Grose v. Progressive Advanced Insurance Co., (Washington County, Pa. Feb. 2020), Obtained a defense verdict after a jury trial for an underinsured motorist (UIM) case involving in a rear-end automobile accident. Plaintiff alleged she had to undergo a left hip replacement and ongoing neck pain as a result of the accident. The Defense stipulated to liability for the accident, but presented evidence that (1) Plaintiff had a significant prior history of similar medical issues, (2) her left hip replacement was due to degenerative arthritis, and (3) she was not entitled to pain and suffering in light of her limited tort auto insurance election. The jury returned a verdict of less than the settlement credit from the underlying tortfeasor, which was then molded to $0.
- Harris v. Rosenfeld, (Allegheny County, Pa. May 2019), Obtained a Defense Verdict after a jury trial in a case arising out of a two vehicle accident. The Defense challenged both liability and damages. The jury returned a verdict in favor of the Defendant, finding that he was not responsible for the accident.
- Nalesnik v. VanDyke (Beaver County, Pa. May 2017), Obtained a Defense Verdict after a two-day jury trial in a rear-end auto negligence case. The Defense stipulated to liability for the accident, but presented evidence to challenge various aspects of Plaintiffs’ damages. The jury returned a verdict in favor of the Defendant, finding that he was not a factual cause of any harm to the Plaintiffs.
- Dolby v. Ziegler Tire et al. (Allegheny County, Pa. Jan. 2016), Assisted in the successful defense of a product liability claim with regard to retreaded tires. Plaintiffs alleged that the retreaded tire was defective for failure to warn. After Plaintiffs presented six days of evidence, the court granted the Defendant’s Motion for Compulsory Nonsuit.
Motions:
- Otts v. Bhangal et al. (Allegheny County, Pa. Mar. 2021), Obtained a Dismissal via Preliminary Objections for a father from a lawsuit for personal injuries arising out of his daughter’s college apartment. After plaintiff alleged he fell from the roof of an apartment during a party, the landlord sought to join the father on the basis that he co-signed his daughter’s lease. The court dismissed the father since he (1) was not present at the time of the party, (2) never resided at the apartment, (3) did not maintain any ownership or control of the apartment, and (4) could not be deemed a “resident.”
- Progressive Casualty Insurance Company vs. Michele Hansen, (Armstrong County, Pa. Apr. 2020), obtained Summary Judgment in a Declaratory Judgment Action regarding a coverage dispute for liability coverage for the daughter of the insured policy holder. The court held, as a matter of law, that the daughter was not a “resident relative” of her mother at the time of the accident, and as such the daughter was not entitled to coverage.
- J.B.S. Cranes & Accessories, Inc. v. All-Cal Equipment Services, Inc., (W.D. Pa. Jan. 2020), obtained a Dismissal based upon lack of specific jurisdiction in favor of a California client for a lawsuit filed in Pennsylvania over an alleged breach of a contract for goods and services for a construction project in Stockton, California.
- Beck v. Smith (Crawford County, Pa. Dec. 2019), Obtained a dismissal via Preliminary Objections of residential homeowners for injuries an independent subcontractor sustained after falling from their roof. Plaintiff sued the homeowners, among other defendants, for allegedly failing to hire a safe and experienced general contractor. The court dismissed the homeowners, finding (1) a landowner who engages an independent contractor is not responsible for the acts or omissions of the contractor, and (2) the duty from Restatement (Second) of Torts § 411 does not apply to independent contractors involved in the work being performed.
- Latimore v. Star Properties Inc. d/b/a Quality Inn (Mercer County, Pa. Apr. 2019), Obtained Summary Judgment in favor of a hotel after a guest allegedly slipped and fell on debris from a ceiling. The Court dismissed the lawsuit because plaintiff could not prove the hotel had knowledge of the issues and further the legal doctrine of res ipsa loquitor does not apply to transitory dangers as a matter of law.
- Rose v. Lambda Chi Alpha Fraternity et al. (Adams County, Pa. Jan. 2019), Obtained a dismissal via Preliminary Objections of a national fraternity after it was sued, among other defendants, for an alleged assault by one fraternity member against another member at a spring social. After filing Preliminary Objections on behalf of the national fraternity, the Plaintiff conceded during oral arguments that the national organization could not be liable to plaintiff under any of his theories of liability: negligence, dram shop, or vicarious liability.
- Fitzgerald v. WV Wesleyan College et al. (Upshur County, WV Nov. 2017), Obtained a dismissal via Motion to Dismiss of a local fraternity chapter. Plaintiff, a student, had been disciplined by the university following an incident involving a lewd photograph of a female student, and in turn filed a Complaint against the university, its employees, the local chapter of the fraternity, and a number of the fraternity members. The counts against the fraternity were False Light and Civil Conspiracy. After successfully arguing a Motion to Dismiss, the court held the fraternity was an unincorporated association, and thus it had not – and could not – be sued or properly served.
- Rhodes v. Avis Budget Car Rental, LLC (W.D. Pa. Apr. 2016), Obtained a dismissal via Motion to Dismiss of a rental car company. Plaintiff’s complaint asserted six counts – including negligence, breach of contract, fraud, and breach of warranties – stemming from alleged injuries sustained while being handcuffed by the police after being initially pulled over for an expired registration. The Motion to Dismiss was granted as to all counts because driving an unregistered vehicle is a summary offense, which only subjects a driver to a small fine, and thus there would have had to be some additional and unforeseeable reason for Plaintiff to be placed in handcuffs.