Jeremy E. Abay

Associate

Attorney Jeremy Abay

Mr. Jeremy E. Abay works on the firm’s complex cases, concentrating his practice in healthcare fraud (qui tam), consumer class actions, and wage and hour litigation. He represents whistleblowers, employees, and consumers in high-stakes litigation against corporations, and he often collaborates with assistant attorney generals in prosecuting healthcare fraud.

Mr. Abay is licensed to practice in Pennsylvania, New York, and New Jersey. Federal court admissions include the Eastern District of Pennsylvania, Middle District of Pennsylvania, the District of New Jersey, and Court of Appeals for the Third Circuit.

Since joining the firm, Mr. Abay has returned to his law school alma mater, Rutgers School of Law, to serve as an adjunct professor in the deposition advocacy program and as a guest lecturer in the business torts seminar. He also speaks at professional seminars, including on the topic of how to classify workers in the gig economy.

Previous Experience

Prior to joining the firm, Mr. Abay worked for two Fortune 500 companies, Johnson & Johnson and Barclays Capital, where he gained unique insight into corporate compliance programs.

Mr. Abay graduated cum laude from Rutgers University in New Brunswick, New Jersey. He attended Rutgers School of Law in Camden, New Jersey as a merit-based scholarship recipient. During law school, he served as research assistant to former Dean Adam Scales, analyzing emerging trends in tort theory and insurance law. He received the Don F. D’Aqui Esquire Memorial Award at graduation, which is awarded to the law student achieving the highest average in and displaying the greatest aptitude for the law of torts.

Mr. Abay has been recognized as a Rising Star in class action litigation by Super Lawyers.

Notable Cases

Intellisystem, LLC v. McHenry , No. 2:19-cv-1359 (E.D. Pa. June 26, 2019): Mr. Abay obtained dismissal of all claims against a medical device distributor sued under civil RICO, resulting in an award of attorney’s fees and costs against the plaintiff.
Negron v. Progressive Casualty Ins. Co.,No. 14-CV-577 (D.N.J.): Mr. Abay served as lead counsel in the first-ever case to hold an auto insurer liable under the False Claims Act. The lawsuit accused two Progressive Insurance entities of unlawfully denying and referring claims to Medicare and Medicaid for payment, resulting in a settlement of $2.4 million.
Schofield v. Delilah’s Den of Philadelphia, Inc.,No. 01-15-0003-4601 (AAA): Mr. Abay served as lead counsel in a class arbitration against Philadelphia’s largest gentlemen’s club, which sought unpaid wages for dancers misclassified as independent contractors. The matter settled for $2 million (view PDF).
Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017): As lead appellant’s counsel, Mr. Abay successfully argued that the parties’ arbitration agreement did not encompass statutory wage claims, resulting in a precedential opinion from the Third Circuit Court of Appeals. The employee’s individual claims settled for $96,000.
In re: Taxicab Medallion Loan Case Management Program, (Phila. Cnty. C.C.P.): After successfully contesting confessed judgments, Mr. Abay helped several Philadelphia-based taxicab companies clear over $6.5 million in disputed debt from medallion-secured loans.

Appellate Success

Razak v. Uber Technologies, Inc., --F.3d-- (3d Cir. 2020) (finding, as a matter of first impression, that UberBLACK drivers presented sufficient evidence showing they were employees to create genuine issue of material fact).
Lopez-Negron v. Progressive Cas. Ins. Co., No. A-3590-17T2, 2019 WL 2510888 (N.J. App. Div. June 18, 2019) (reversing dismissal based on the entire controversy doctrine).
Z&R Cab, LLC v. Phila. Parking Auth., 187 A.3d 1025 (Pa. Cmmw. Ct. 2018) (reinstating class action for refunds and striking order creating administrative system for resolving individual disputes).
Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017) (finding that dancer’s “stage lease agreement” did not encompass her claims for unpaid wages).
Lopez-Negron v. Progressive Cas. Ins. Co., No. A-1632-15T4, 2017 WL 876335 (N.J. App. Div. Mar. 6, 2017) (holding that an auto insurer can be liable under state consumer fraud laws for selling “health-first” to ineligible Medicare and Medicaid beneficiaries).