Jaclyn Metzinger is a senior associate in the firm’s New York office. She focuses her practice on commercial and complex civil litigation in both state and federal courts, including consumer class actions and false advertising claims, employment matters, and life insurance disputes.
Jaclyn is co-chair of Women At KDW, an affinity group dedicated to enhancing the professional development of female associates at the firm. She organizes quarterly training, networking, business development, and community service events.
The Lawyers’ Committee for Civil Rights Under Law: volunteered as a polling place monitor and call center representative in the non-partisan Election Protection program for the 2008 and 2012 presidential elections.
One World Symphony, volunteer
Consumer Class Action and False Advertising
Represented national pet product manufacturer and retailer in a series of individual and class actions alleging consumer fraud, breach of warranty, product liability, and unjust enrichment in connection with flea and tick control products regulated under the Federal Insecticide Fungicide and Rodenticide Act. Our client’s pre-answer motions to dismiss and to strike the class allegations in each action resulted in early dismissal and/or extremely favorable settlements.
Obtained pre-answer dismissal of a putative nationwide class action challenging the propriety of terms in a global document services company’s standard equipment lease agreement. The dismissal was affirmed on appeal to the Second Circuit.
Labor and Employment
Lead associate on trial team that received a full defense jury verdict rejecting Plaintiff’s claims that she was subject to a hostile work environment based on race and national origin and that she was retaliated against for complaining about the alleged discrimination.
Defeated class certification for a proposed class of nursing assistants at a New York hospital claiming that they were not properly paid for pre-shift, meal break, and post-shift work under the New York Labor Law.
Assisted in the defense of a New York Catholic high school against employee’s claims for defamation, wrongful termination, prima facie tort, and loss of consortium on behalf. Obtained summary judgment dismissal of the case, which was subsequently affirmed by the New York Appellate Division, Second Department.
Regularly represents clients in single plaintiff employment discrimination lawsuits and administrative actions based on age, gender, race, disability, and national origin.
Member of litigation team representing national life insurance company in multiple matters relating to stranger oriented life insurance (STOLI) and life settlement transactions.
Obtained summary judgment dismissal on behalf of life insurance company on policy owner’s claim for wrongful cancellation. Ms. Metzinger presented oral argument in opposition to the policy owner’s motion to vacate the dismissal and the Court sustained its prior decision dismissing the case.
Regularly assists life insurance company in defending against claims to recover policy proceeds based upon non-payment of premiums, fraud, and interpleader.
Member of a litigation team that obtained pre-answer dismissal of action brought by individual funeral homes suing numerous life insurance companies derivatively on behalf of regional funeral directors association. The claims for negligence, fraud, consumer fraud and unjust enrichment were dismissed for lack of standing.
Obtained pre-discovery summary judgment rescinding a life insurance policy for breach of a condition precedent. The decision was affirmed on two motions for renewal and/or reargument and on appeal by the New York Appellate Division, Second Department.
Currently representing national testing laboratory in licensing dispute concerning improper sales of genetic testing kits that can predict the effectiveness of certain types of cancer treatments.
Obtained a summary judgment award of specific performance on behalf of real estate developer who had contracted to purchase real property that was sold to another buyer after he signed the contract but before he was able to close title.
Assisted in a medical equipment supplier’s defense against a claim for tortious interference with contract. Obtained pre-answer dismissal on personal jurisdiction grounds.
Currently assisting national testing laboratory in its defense against claims for medical malpractice and/or negligence in the reporting of test results.
Successfully represented a real estate investment trust in its assertion of breach of contract claims relating to its purchase of a commercial office building. Obtained First Circuit reversal of the District Court’s grant of summary judgment to the seller.
Jaclyn has worked on several pro bono matters, including representing domestic violence victims in order of protection, child custody, and uncontested divorce matters.
Lead attorney representing the mother of a child who had been sexually abused at the hands of her natural father for many years. The father had previously been held in contempt of court for repeatedly violating an order of protection prohibiting him from having any and all contact with the subject child and Jaclyn began representing the mother upon the father’s appeal to the New York Appellate Division, First Department. The father appealed the contempt order on appeal to the New York Appellate Division, First Department.
Jaclyn is currently representing a former prison inmate who was sexually assaulted by a correctional officer in two separate actions: one against the State of New York asserting claims for negligent hiring, training, supervision, and retention, and another against the correctional officer in his individual capacity asserting claims for assault and battery.
Selected to New York Metro Super Lawyers–Rising Stars, 2014-2016
Legal Aid Society Pro Bono Publico Award, 2013
inMotion Commitment to Justice Legal Team Award, 2010
American Bar Association
National Association of Women Lawyers