Rooted In Tradition,
Innovative In Thinking

JEFFREY J. MALAK

Jeffrey J. Malak

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Practice Areas

  • Orphans' Court Practice
  • Business and Corporate Law
  • Municipal Law
  • Zoning and Land Use Law
  • Civil Trial Practice
  • General Civil Litigation
  • Estate Planning and Administration
  • Government and Municipal Law
  • Federal and State Litigation
  • Appellate Litigation
  • Corporate Law
  • Energy Law
  • Estate and Trust Planning
  • Probate and Litigation
  • Real Estate Law
Rated By Super Lawyers | Jeffrey J. Malak | SuperLawyers.com

Biography

Mr. Malak is a partner in the law firm of Chariton Malak who possesses broad experience in litigation and corporate matters. Mr. Malak has also briefed and argued numerous appeals in both Federal and State Courts including the Pennsylvania Supreme Court, Pennsylvania Superior Court, Pennsylvania Commonwealth Court, Middle District of Pennsylvania and the Third Circuit Court of Appeals. Acting as lead counsel, Mr. Malak has had numerous decisions reported, including several precedential Pennsylvania oil and gas law decisions. Mr. Malak represents individuals, domestic corporations, partnerships, limited liability companies, municipalities, municipal authorities, solar companies, oil and gas companies, oil and gas drilling and production companies, natural gas pipeline/transmission companies, alternative energy companies, estates, trusts, financial and trust institutions and national life insurance companies.

Mr. Malak is admitted to practice law before all State Courts in both Pennsylvania and New Jersey including the Superior Court of Pennsylvania and the Supreme Court of Pennsylvania. He also maintains an active Federal litigation practice before the United States District Court for the Middle District of Pennsylvania, the United States District Court for the District of New Jersey, the United States Court of Appeals for the Third Circuit and the Supreme Court of the United States of America.

Mr. Malak is past Chairperson of the Pennsylvania Bar Association's Shale Energy Law Committee, serves on the Luzerne County Bench Bar Committee, the Luzerne County Estate Litigation and Orphans Court Rules Committee, the Pennsylvania Bar Association Real Property and Trust Section, the Pennsylvania State University, Dickinson School of Law, Board of Governors (at large), was named to the Pennsylvania Disciplinary Board as a Hearing Officer and serves as a Solicitor to Townships, Boroughs and Municipal Authorities throughout Pennsylvania.

Among his noteworthy achievements, Mr. Malak was selected as a Pennsylvania Super Lawyers Rising Star for numerous years and was named one of 30 lawyers in Pennsylvania selected to Lawyers on the Fast Track by The Philadelphia Legal Intelligencer. He is also a past recipient of both the Pennsylvania Northeast Business Journal's and the Wilkes-Barre Times Leaders' Top 20 Under 40.

REPRESENTATIVE GOVERNMENT AND MUNICIPAL LAW EXPERIENCE
Solicitor, Dallas Area Municipal Authority
Solicitor, Jackson Township
Solicitor, Dallas Borough
Solicitor, Borough of Bear Creek Village
Solicitor, Luzerne County Tax Collection Committee
Solicitor, Rice Township Zoning Hearing Board
Solicitor, Nuangola Borough Zoning Hearing Board
Solicitor, Larksville Borough
Former Solicitor, Luzerne County Home Rule Commission
Former Solicitor, Luzerne County Home Rule Transition Committee
Former Solicitor, Back Mountain Community Partnership
Former Solicitor, Shickshinny Borough
Former Solicitor, Shickshinny Sanitary Sewer Authority
Former Solicitor, Pringle Borough
Former Solicitor, Nanticoke City Home Rule Commission
Former Solicitor, Plymouth Township Home Rule Commission
Former Solicitor, Polish Union of United States of North America

 

 

Education

  • Dickinson School of Law of the Pennsylvania State University, Carlisle, Pennsylvania
    • J.D.
    • Major: Master of Public Administration
  • Cornell Law School, Ithaca, New York
  • Johns Hopkins University
    • B.A.
    • Major: History
  • Wyoming Seminary College Preparatory School

Bar Admissions

  • Pennsylvania
  • New Jersey
  • Superior Court of Pennsylvania
  • U.S. District Court Middle District of Pennsylvania
  • U.S. District Court District of New Jersey
  • United States Court of Appeals for the Third Circuit
  • United States Supreme Court

Speaking Engagements

  • National Business Institute - Attorney’s Guide to Local Government Law Seminar, “Shared Services and the Benefit of Intergovernmental Cooperation”
  • Pennsylvania Bar Institute - “Real Estate During the Estate Administration Process”
  • Pennsylvania Bar Association - PBA Shale Energy Law Committee - “Recent Case Updates”
  • Wilkes-Barre Law Library Bench Bar Committee “Oil and Gas Pipeline Updates”
  • New Jersey Fraternal Congress - Convention Speaker, “Duties, Rights and Responsibilities of a Non-Profit Corporate Director”
  • Polish Union of the United States of North America - Convention Speaker, “Board Member Duties and Responsibilities”
  • Ladies Pennsylvania Slovak Catholic Union - Convention Speaker, “Fiduciary Duties”
  • Speaker on “Right of Way Pipeline and Estate Planning Discussion”
  • Speaker on “Right to Know Law - Act 3 of 2008"

Litigation And Representative Matters             

  • Keta Gas & Oil, Co. v. Proctor, 2019 Pa. Super. Unpub. LEXIS 4532
  • Keta Gas & Oil Co. v. Proctor, 2019 Pa Super. Unpub. LEXIS 4518
  • Keta Gas & Oil Co. v. Proctor, 239 A.3d 23
  • Herder Spring Hunting Club v. Keller, 143 A.3d 358
  • Atlantic Hydrocarbon v. SWN Production Company, LLC, 2019 WL 928996
  • Keta Gas & Oil Co., v. Thomas E. Proctor, et al., 1975 MDA 2018
  • Adam Briggs v. Southwestern Energy Production Company, 63 MAP 2018
  • Keta Gas & Oil Co., v. Proctor, 2018 WL 7350371
  • Butters, et al., v. SWN Production Company, LLC, 2018 WL 2766290
  • Laurel Hill Game and Forestry Club v. Brion, 2018 WL 3085181
  • Gage v. Southwestern Energy Company, 2018 WL 1768058
  • Woodhouse Hunting Club, Inc. v. Hoyt, 183 A.3d 453
  • Black Wolf Rod & Gun Club, Inc. v. International Development Corporation, 832 MAL 2016
  • Southwestern Energy Production Company v. Forest Resources, LLC, et al., 2016 WL 5919873
  • Southwestern Energy Production Company v. Forest Resources, LLC, et al., 2016 WL 4410510
  • Southwestern Energy Production Company v. Forest Resources, LLC, et al., 2015 WL 9873878
  • Black Wolf Rod & Gun Club, Inc., v. International Development Corporation, et al., 2016 WL 6665726
  • Northern Forests II, Inc. v. Keta Realty Company, 130 A.3d 2019
  • Northern Forests II, Inc., v. Keta Realty Company, 2014 WL 12831481
  • Pennlyco, Ltd., v. Southwestern Energy Production Company, 2015 WL 9686953
  • Bailey v. Elder, 2015 WL 9674
  • WM Capital Partners XXXIX v. Southwestern Energy Production Company, 3:14-cv-00688
  • Chief Gathering, LLC v. Watkins, 2011 WL 4597514
  • Bill Goodwin Construction, LLC v. Wondra Construction, et al., 2013 WL 420069
  • Rosenfield v. Frank, 2019 WL 2355588
  • Mariotti, Sr., v. Mariotti Building Products, Inc., 2017 WL 2487945
  • Mariotti, Sr., v. Mariotti Building Products, Inc., 714 F.3d 761
  • Mariotti, Sr., v. Mariotti Building Products, Inc., 2012 WL 5464202
  • Mariotti, Sr. v. Mariotti Building Products, Inc., 2020 Pa. Dist. & Cnty. Dec. LEXIS 2048
  • Woods Services, Inc. v. Hazleton Area School District, 2016 WL 6216122
  • Canadian Pacific Railway, Ltd. v. Valley Distributing & Storage Co., et al., 4:14-cv-01929
  • Julia v. Cerato, 2013 WL 9591671
  • Kazimi v. City of Wilkes-Barre, 2006 WL 4726175