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Barbara P. Anisko

Principal


E-Mail: banisko@kaplaw.com
Phone: 610-941-2457
Fax: 610-684-2002
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Barbara Anisko is a senior litigation principal at Kaplin Stewart. During more than 30 years of litigation practice, Barbara has been involved in nearly every aspect of complex commercial litigation practice.

Barbara has extensive experience representing property owners, real estate developers, and buyers/sellers of real estate in disputes arising from real estate transactions. She also regularly represents property owners and real estate developers in claims against state, county, and municipal governments and agencies. These issues arise from the denial of land use and zoning applications and permits, and claims of government infringement of constitutionally protected private property rights.

Barbara also has broad experience representing corporations, partnerships, and individuals in the prosecution and defense of complex business claims including partnership disputes, contract disputes, business disparagement claims, fraud, tortious interference with contractual relations, and claims arising from violation of state and federal statutes.

Barbara has prosecuted and defended cases before federal and state courts in Pennsylvania, New Jersey, New York, Delaware, and Oklahoma. She tries cases in court, represents clients in alternative dispute resolution forums, and also handles appeals before both state and federal appellate courts. In every matter that comes before her, Barbara looks for the non-routine approach to her clients’ problems. She has an astute eye for detecting problems and an uncanny ability to simplify the most complex concepts.

Barbara is a lecturer and presenter on various topics including property rights, land use, zoning, and real estate law.

Practice Areas

Admissions

  • Pennsylvania, 1981
  • New Jersey, 1993
  • U.S. District Court Eastern District of Pennsylvania, 1981
  • U.S. Court of Appeals 3rd Circuit, 1984
  • U.S. Court of Appeals 10th Circuit, 1995
  • U.S. Supreme Court, 2000
  • U.S. District Court District of New Jersey, 2016

Education

  • Temple University James E. Beasley School of Law, Philadelphia, PA, J.D., cum laude, 1981.
    • Law Review; Temple Law Quarterly, Note and Comment Editor, 1979-1981
  • St. Joseph’s University, Philadelphia, PA, B.A., cum laude, 1978
    • Alpha Sigma Nu – Honor Society of Jesuits Institutions of Higher Learning

Memberships

  • American Bar Association
  • Pennsylvania Bar Association
  • Montgomery Bar Association
  • Philadelphia Bar Association

Representative Experience

  • Represented developers in claims against municipality for promissory estoppel and breach of contract related to development approvals and issuance of permits.
  • Prosecuted and defended business partners in claims asserting breaches of fiduciary duty and breaches of partnership agreements.
  • Obtained $1,000,000 verdict in favor of seller in breach of real estate contract action.
  • Defeated $42,000,000 unjust enrichment claim of real estate developer/purchaser seeking to recover costs for construction of community on-site sewage treatment plant.
  • Obtained substantial monetary settlement in a lawsuit against a municipality for charging excessive sewer fees.
  • Obtained reversal by Pennsylvania Supreme Court of trial court’s dismissal of developer’s claims against municipal officials.
  • Obtained substantial monetary settlement in a lawsuit against individual members of the Board of Supervisors of a municipality for their willful misconduct in their interference with a developer’s approved development.
  • Obtained substantial monetary settlement in a lawsuit filed by a developer against a professional engineer for failure to discover existence of an abandoned landfill on a residential property.
  • Obtained substantial monetary settlement in a lawsuit against a bank who failed to timely “satisfy” a mortgage after it was paid in-full.
  • Successfully obtained additional sanitary sewer capacity for shopping center owner in lawsuit against a municipality and municipal sanitary sewer authorities for the wrongful denial of occupancy permits because of alleged insufficient sanitary sewer capacity.
  • Successfully represented a developer in a claim against a property owner for breach of contract and against the municipality and public officials for tortious interference with contract.
  • Successfully represented developers in claims against a municipality challenging excessive professional fees charged in connection with land development applications.
  • Successfully negotiated tax assessment appeals on behalf of commercial property owners.
  • Successfully represented Florida resident in a domicile challenge raised by the Pennsylvania Department of Revenue saving the client substantial state income taxes.
  • Successfully represented property owners in real estate disputes with neighboring property owners involving easements and prescriptive easements.
  • Represents horse owners and horse trainers in appeals before the Pennsylvania Horse Racing Commission, the New Jersey Horse Racing Commission, and in Pennsylvania and New Jersey courts.
  • Successfully defended a developer in claims brought by neighboring homeowners challenging air quality monitoring and safety in a developer’s remediation of a contaminated golf course property.
  • Represented seller in a $220,000,000 commercial real estate sales transaction.
  • Successfully pursued a $3,000,000 payment claim for a company that extinguished an oil well fire in Uzbekistan.
  • Represents sellers and purchasers in acquisitions of residential and commercial properties.
  • Represented a business owner in a multi-million dollar claim against an accounting firm for failure to discover and report bank fraud committed by an officer of the firm.
  • Represents property owners in defending against municipal code violations.

Assistant

Jennifer M. Leister
Phone: 610-941-2487
Fax: 610-684-2132
E-Mail: jleister@kaplaw.com

Publications & News

Publications and Speaking Engagements/Seminars

  • Finding Options When a Subdivision Plan is Denied, Pennsylvania Bar Institute, 2008
  • Your First Bench Trial in a Commercial Case, Pennsylvania Bar Institute, 2009
  • Limitation Remedies Clauses in Real Estate Contracts…and Their Potential Consequences, 13th Annual Real Estate Institute, Pennsylvania Bar Institute, 2009
  • Obstacles to Successful Redevelopment, 14th Annual Real Estate Institute, Pennsylvania Bar Institute, 2010
  • Property Rights vs. Police Power, Land Use and Zoning Law Litigation Seminar, National Business Institute, 2012
  • Property Wars, Land Development and Property Rights Litigation, Pennsylvania Bar Institute, 2012
  • A Tenant’s Right to Assign or Sublet a Commercial Lease, Mid Atlantic Real Estate Journal, 2012
  • Damages and Limitation of Remedies Clauses in Real Estate Contracts and their Potential Consequences, 18th Annual Real Estate Institute, Pennsylvania Bar Institute, 2014
  • Damages and Limitation of Remedies Clauses in Real Estate, A Day on Real Estate Seminar
  • Adverse Possession and Prescriptive Easement Primer, 19th Annual Real Estate Institute, Pennsylvania Bar Institute, 2015
  • Planning Strategies for Philanthropy – Webinar , National Association for Professional Women, 2016

Honors & Accolades

  • Member of Million Dollar and Multi-Million Dollar Advocates Forum
  • Leaders in the Law, Philadelphia Business Journal, 2009
  • Women to Watch, Philadelphia Biz, 2017
  • Best Lawyers 2018