JACLYN M. METZINGER
Special Counsel
(212) 808-7843 (212) 808-7843
JACLYN M. METZINGER Special Counsel
Jaclyn Metzinger focuses her practice on commercial and complex civil litigation in both state and federal courts.  Her experience includes consumer class actions and false advertising claims, employment matters and life insurance disputes.

Much of Jaclyn’s practice includes large class action suits, where she is involved in all phases of development, ranging from pre-certification motion practice and discovery, to class certification motions, expert discovery, hearings and trial.  Jaclyn strives to identify and mitigate potential exposure to class action claims and other multi-claimant proceedings.  On many occasions, she has been involved in dismissals and denials of class certification.

A New York Metro Super Lawyers “Rising Star,” Jaclyn serves on litigation teams defending claims with hundreds of millions of dollars at stake.  Jaclyn is valued for her outstanding case management abilities, which include serving as the catalyst for a shared vision regarding strategy development and execution.  Jaclyn’s clients and colleagues alike depend on her to manage even the most complex and large-scale class actions.

Professional Activities

For six years, Jaclyn acted as co-chair of Women At KDW, an affinity group dedicated to enhancing the professional development of women attorneys at the firm.  She organized quarterly training, networking, business development, and community service events for women attorneys both in the New York office and across the firm.

Volunteered as a polling place monitor and call center representative in the non-partisan Election Protection program for the 2008 and 2012 presidential elections through The Lawyers’ Committee for Civil Rights Under Law.
 
Consumer Class Action and False Advertising

Currently representing an infant nutrition company in a lawsuit filed by the FTC alleging that infant formula advertising claims violated Section 5 of the Federal Trade Commission Act, as well as six “piggy back” class actions alleging breach of warranty, intentional and negligent misrepresentation, unjust enrichment, and violation of various state consumer fraud and false advertising statutes.  Obtained summary judgment and decertification of a class of California consumers on the grounds that the named plaintiff failed to prove individual or class-wide damages.  The decision was affirmed by the Ninth Circuit.  See Oula Zakaria v. Gerber Products Co., 2017 WL 9512589 (C.D. Cal. 2017); aff’d 755 Fed. App’x 623 (9th Cir. 2018).  After the affirmance, a related action pending in the Northern District of Illinois was voluntarily dismissed with prejudice.

Currently representing multi-level marketing firm in two putative nationwide class actions alleging violation of the California endless chain scheme law, violation of California and New Jersey false advertising and consumer protection statutes, and related common law claims.

Represented a national pet product manufacturer and retailer in five consolidated putative nationwide class actions alleging consumer fraud and other related claims concerning insecticides used in flea and tick control products.  Obtained a nominal settlement and dismissal of individual claims prior to class action certification after extensive motion practice.  See Arlandson v. Harz Mountain Corporation, 792 F. Supp. 2d 691 (D.N.J. 2011).  Also obtained the dismissal of a related putative class action and individual product liability action on the grounds that the claims were preempted by the Federal Insecticide Fungicide Rodenticide Act (“FIFRA”).  See Wilgus v. Hartz Mountain Corporation, 2013 WL 653707 (N.D. Ind. 2013); Smith v. Hartz Mountain Corporation, 2012 WL 5451726 (N.D. Ohio 2012).

Obtained a 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.  See King’s Choice Neckwear, Inc. v. Pitney Bowes, Inc., 2009 WL 5033960 (S.D.N.Y. 2009), aff’d 396 Fed. App’x 736 (2d Cir. 2010).

Commercial Litigation

Defended television production company and sports and entertainment representation firm in the Southern District of New York and related AAA arbitration against claims for breach of contract, copyright infringement, breach of fiduciary duty, misappropriate of ideas, and related claims in connection with a children’s television series featuring star NFL quarterback Cam Newton.  Obtained a full dismissal of all claims after five-day arbitration hearing.

Obtained a summary judgment award of specific performance on behalf of a real estate developer against a seller and a subsequent purchaser of the same property.  See 17 West 127th Street Partners LLC v. Baruch Realty et al., 2017 N.Y. Slip. Op. 74731(U) (Sup. Ct. N.Y. County 2017).

Prosecuted a claim for breach of a license agreement on behalf of a life sciences company, which alleged that its licensee had sold product beyond the scope of its limited license. The matter settled on favorable terms after the conclusion of fact discovery.

Assisted in a medical equipment supplier’s defense against a claim for tortious interference with a contract.  Obtained a pre-answer dismissal on personal jurisdiction grounds.

Regularly defends a national testing laboratory 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.  See Wells Real Estate Investment Trust II v. Chardon/Hato Rey Partnership, S.E., 615 F.3d 45 (1st Cir. 2010).

Represented luxury automobile dealership in dispute over brokerage commission.

Labor and Employment

Received a full defense jury verdict rejecting the 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 a class certification in two related putative class actions 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.  See David v. Winthrop-University Hospital Association, 2015 N.Y. Slip. Op. 32468(U) (N.Y. Sup. Ct. Queens County 2015).

Assisted in the defense of a New York Catholic high school against an employee’s claims for defamation, wrongful termination, prima facie tort and loss of consortium.  Obtained a summary judgment dismissal of the case, which was subsequently affirmed by the New York Appellate Division, Second Department.  See Melious v. Besignano et al., 125 A.D.3d 727 (N.Y. App. Div. 2d Dep’t 2015).

Regularly represents clients in single plaintiff employment discrimination lawsuits and administrative actions based on age, gender, race, disability and national origin.

Life Insurance

Obtained a full defense verdict after two-day bench trial on behalf of life insurance company on a claim for wrongful cancellation and/or reinstatement of $8 million life insurance policy.  See Samuel Weiss as trustee of the Agi Weiss Insurance Trust u/t/d September 1, 2005 v. John Hancock Life Insurance Company of New York, 2019 NY Slip Op 30609(U) (N.Y. Sup. Ct. Rockland Cnty. 2019).

Obtained a summary judgment dismissal on a policy owner’s claim for wrongful cancellation of $13 million life insurance policy.  Jaclyn presented oral argument in support of the motion.

Regularly represents a life insurance company in defending against claims to recover policy proceeds based upon non-payment of premiums, fraud and interpleader, as well as claims involving stranger oriented life insurance (STOLI) and life settlement transactions.  See, e.g., John Hancock Life Insurance Co. v. Katzman, 2015 WL 3767296 (S.D.N.Y. 2015); Graham-Bingham Irrevocable Trust v. John Hancock Life Insurance Co. USA, 827 F. Supp. 2d 1275 (W.D. Wash. 2011).

Obtained a pre-answer dismissal of an action brought by individual funeral homes suing numerous life insurance companies derivatively on behalf of a regional funeral directors association for lack of standing.

Obtained a 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.  See John Hancock Life Insurance Company of New York v. Hirsch, 24 Misc. 3d 1214(A), 897 N.Y.S.2d 670 (N.Y. Sup. Ct. Westchester County 2009), aff’d on reargument 2010 WL 3462088 (N.Y. Sup. Ct. Westchester County 2010), aff’d 77 A.D.3d 710, 909 N.Y.S.2d 519 (N.Y. App. Div. 2d Dep’t 2010).

Pro Bono

Jaclyn has worked on several pro bono matters, including representing domestic violence victims in order of protection, child custody, and uncontested divorce matters.

Represented the mother of a child who had been sexually abused at the hands of her natural father for many years.  Jaclyn became involved in the case after the father was held in contempt of court for repeatedly violating an order of protection prohibiting all contact with the child.  Jaclyn obtained an affirmance of the contempt order from the New York Appellate Division, First Department.

Represented a former prison inmate who was sexually assaulted by a correctional officer in a negligent supervision action against the State of New York and an assault and battery action against the correctional officer in his individual capacity.
 
Selected to New York Metro Super Lawyers "Rising Stars," 2014-2018

Legal Aid Society Pro Bono Publico Award, 2013, 2017

inMotion Commitment to Justice Legal Team Award, 2010
 
American Bar Association

National Association of Women Lawyers
 

About

Jaclyn Metzinger focuses her practice on commercial and complex civil litigation in both state and federal courts.  Her experience includes consumer class actions and false advertising claims, employment matters and life insurance disputes.

Much of Jaclyn’s practice includes large class action suits, where she is involved in all phases of development, ranging from pre-certification motion practice and discovery, to class certification motions, expert discovery, hearings and trial.  Jaclyn strives to identify and mitigate potential exposure to class action claims and other multi-claimant proceedings.  On many occasions, she has been involved in dismissals and denials of class certification.

A New York Metro Super Lawyers “Rising Star,” Jaclyn serves on litigation teams defending claims with hundreds of millions of dollars at stake.  Jaclyn is valued for her outstanding case management abilities, which include serving as the catalyst for a shared vision regarding strategy development and execution.  Jaclyn’s clients and colleagues alike depend on her to manage even the most complex and large-scale class actions.

Professional Activities

For six years, Jaclyn acted as co-chair of Women At KDW, an affinity group dedicated to enhancing the professional development of women attorneys at the firm.  She organized quarterly training, networking, business development, and community service events for women attorneys both in the New York office and across the firm.

Volunteered as a polling place monitor and call center representative in the non-partisan Election Protection program for the 2008 and 2012 presidential elections through The Lawyers’ Committee for Civil Rights Under Law.
 

Experience

Consumer Class Action and False Advertising

Currently representing an infant nutrition company in a lawsuit filed by the FTC alleging that infant formula advertising claims violated Section 5 of the Federal Trade Commission Act, as well as six “piggy back” class actions alleging breach of warranty, intentional and negligent misrepresentation, unjust enrichment, and violation of various state consumer fraud and false advertising statutes.  Obtained summary judgment and decertification of a class of California consumers on the grounds that the named plaintiff failed to prove individual or class-wide damages.  The decision was affirmed by the Ninth Circuit.  See Oula Zakaria v. Gerber Products Co., 2017 WL 9512589 (C.D. Cal. 2017); aff’d 755 Fed. App’x 623 (9th Cir. 2018).  After the affirmance, a related action pending in the Northern District of Illinois was voluntarily dismissed with prejudice.

Currently representing multi-level marketing firm in two putative nationwide class actions alleging violation of the California endless chain scheme law, violation of California and New Jersey false advertising and consumer protection statutes, and related common law claims.

Represented a national pet product manufacturer and retailer in five consolidated putative nationwide class actions alleging consumer fraud and other related claims concerning insecticides used in flea and tick control products.  Obtained a nominal settlement and dismissal of individual claims prior to class action certification after extensive motion practice.  See Arlandson v. Harz Mountain Corporation, 792 F. Supp. 2d 691 (D.N.J. 2011).  Also obtained the dismissal of a related putative class action and individual product liability action on the grounds that the claims were preempted by the Federal Insecticide Fungicide Rodenticide Act (“FIFRA”).  See Wilgus v. Hartz Mountain Corporation, 2013 WL 653707 (N.D. Ind. 2013); Smith v. Hartz Mountain Corporation, 2012 WL 5451726 (N.D. Ohio 2012).

Obtained a 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.  See King’s Choice Neckwear, Inc. v. Pitney Bowes, Inc., 2009 WL 5033960 (S.D.N.Y. 2009), aff’d 396 Fed. App’x 736 (2d Cir. 2010).

Commercial Litigation

Defended television production company and sports and entertainment representation firm in the Southern District of New York and related AAA arbitration against claims for breach of contract, copyright infringement, breach of fiduciary duty, misappropriate of ideas, and related claims in connection with a children’s television series featuring star NFL quarterback Cam Newton.  Obtained a full dismissal of all claims after five-day arbitration hearing.

Obtained a summary judgment award of specific performance on behalf of a real estate developer against a seller and a subsequent purchaser of the same property.  See 17 West 127th Street Partners LLC v. Baruch Realty et al., 2017 N.Y. Slip. Op. 74731(U) (Sup. Ct. N.Y. County 2017).

Prosecuted a claim for breach of a license agreement on behalf of a life sciences company, which alleged that its licensee had sold product beyond the scope of its limited license. The matter settled on favorable terms after the conclusion of fact discovery.

Assisted in a medical equipment supplier’s defense against a claim for tortious interference with a contract.  Obtained a pre-answer dismissal on personal jurisdiction grounds.

Regularly defends a national testing laboratory 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.  See Wells Real Estate Investment Trust II v. Chardon/Hato Rey Partnership, S.E., 615 F.3d 45 (1st Cir. 2010).

Represented luxury automobile dealership in dispute over brokerage commission.

Labor and Employment

Received a full defense jury verdict rejecting the 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 a class certification in two related putative class actions 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.  See David v. Winthrop-University Hospital Association, 2015 N.Y. Slip. Op. 32468(U) (N.Y. Sup. Ct. Queens County 2015).

Assisted in the defense of a New York Catholic high school against an employee’s claims for defamation, wrongful termination, prima facie tort and loss of consortium.  Obtained a summary judgment dismissal of the case, which was subsequently affirmed by the New York Appellate Division, Second Department.  See Melious v. Besignano et al., 125 A.D.3d 727 (N.Y. App. Div. 2d Dep’t 2015).

Regularly represents clients in single plaintiff employment discrimination lawsuits and administrative actions based on age, gender, race, disability and national origin.

Life Insurance

Obtained a full defense verdict after two-day bench trial on behalf of life insurance company on a claim for wrongful cancellation and/or reinstatement of $8 million life insurance policy.  See Samuel Weiss as trustee of the Agi Weiss Insurance Trust u/t/d September 1, 2005 v. John Hancock Life Insurance Company of New York, 2019 NY Slip Op 30609(U) (N.Y. Sup. Ct. Rockland Cnty. 2019).

Obtained a summary judgment dismissal on a policy owner’s claim for wrongful cancellation of $13 million life insurance policy.  Jaclyn presented oral argument in support of the motion.

Regularly represents a life insurance company in defending against claims to recover policy proceeds based upon non-payment of premiums, fraud and interpleader, as well as claims involving stranger oriented life insurance (STOLI) and life settlement transactions.  See, e.g., John Hancock Life Insurance Co. v. Katzman, 2015 WL 3767296 (S.D.N.Y. 2015); Graham-Bingham Irrevocable Trust v. John Hancock Life Insurance Co. USA, 827 F. Supp. 2d 1275 (W.D. Wash. 2011).

Obtained a pre-answer dismissal of an action brought by individual funeral homes suing numerous life insurance companies derivatively on behalf of a regional funeral directors association for lack of standing.

Obtained a 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.  See John Hancock Life Insurance Company of New York v. Hirsch, 24 Misc. 3d 1214(A), 897 N.Y.S.2d 670 (N.Y. Sup. Ct. Westchester County 2009), aff’d on reargument 2010 WL 3462088 (N.Y. Sup. Ct. Westchester County 2010), aff’d 77 A.D.3d 710, 909 N.Y.S.2d 519 (N.Y. App. Div. 2d Dep’t 2010).

Pro Bono

Jaclyn has worked on several pro bono matters, including representing domestic violence victims in order of protection, child custody, and uncontested divorce matters.

Represented the mother of a child who had been sexually abused at the hands of her natural father for many years.  Jaclyn became involved in the case after the father was held in contempt of court for repeatedly violating an order of protection prohibiting all contact with the child.  Jaclyn obtained an affirmance of the contempt order from the New York Appellate Division, First Department.

Represented a former prison inmate who was sexually assaulted by a correctional officer in a negligent supervision action against the State of New York and an assault and battery action against the correctional officer in his individual capacity.
 

Honors

Selected to New York Metro Super Lawyers "Rising Stars," 2014-2018

Legal Aid Society Pro Bono Publico Award, 2013, 2017

inMotion Commitment to Justice Legal Team Award, 2010
 

Memberships

American Bar Association

National Association of Women Lawyers