Timothy J. Nieman

Tim Nieman serves as Administrative Chair of Rhoads & Sinon’s Business Litigation Practice Group. Mr. Nieman's practice focuses on commercial litigation, appellate practice and municipal law.

Mr. Nieman has successfully tried cases in federal and state courts throughout Pennsylvania. Mr. Nieman's experience includes representing clients in cases involving securities fraud, civil rights litigation, employment litigation, products liability, professional malpractice, land use, eminent domain, bankruptcy, antitrust, environmental claims and ERISA claims.

Mr. Nieman graduated in 1992 from the University of Virginia School of Law where he was the recipient of the Bracewell & Patterson First Year Oral Advocacy Award.

Mr. Nieman is actively involved in his local community and is a member of the Board of Directors of the Cornwall Iron Furnace Associates, Inc.

Antitrust. Obtained dismissal of Pennsylvania Attorney General's antitrust lawsuit against the Susquehanna Area Regional Airport Authority arising from the Airport Authority's use of eminent domain. Commonwealth of Pennsylvania v. Susquehanna Area Regional Airport Authority, 423 F. Supp. 2d 472 (M.D. Pa. 2006).
Civil Rights Litigation. Successfully defended management personnel in two federal civil rights actions brought by former employees of a youth correctional facility. In one case, the trial court granted the Defendants' Motion for Judgment as a Matter of Law at the close of the Plaintiff's case-in-chief. In the second case, the jury rendered a defense verdict. Hutt v. Department of Public Welfare, 1996 U.S. Dist. LEXIS 17134 (E.D. Pa. 1996); Brandon v. Department of Public Welfare, 1997 U.S. Dist. LEXIS 14894 (E.D. Pa. 1997).
Municipal Litigation. Represented a Second Class Township in action to overturn decision by former Township Supervisors granting themselves post-retirement insurance benefits.White Deer Township v. Napp, 912 A.2d 781 (Pa. 2006).
ERISA Litigation. Has handled numerous ERISA matters in the United States District Courts for the Eastern, Middle and Western Districts of Pennsylvania. These matters include claims made pursuant to employer provided life and disability insurance policies and claims for deferred compensation. Most recently obtained summary judgment against former founder, president and chief executive officer of client who claimed unpaid deferred compensation benefits.
Defense of Certified Public Accountants. Assisted in defense of CPA firm against malpractice claim arising from alleged accounting irregularities found during due diligence conducted in connection with sale of plaintiff's business. Jury returned a defense verdict after six day jury trial.
Actions to Quiet Title and Adverse Possession. Have successfully represented clients at trial and on appeal in quiet title claim involving timbering interests and in claims for adverse possession.
Corporate Control and Dissolution. Represented fifty percent shareholder in chain of roller skating rinks seeking to dissolve the corporations due to shareholder deadlock. Successfully resolved the dispute through mediation.
Dissenter's Rights Case. Currently representing a group of dissenting shareholders in litigation seeking the fair value of their shares following merger of well known local manufacturing company.
Employment Discrimination. Obtained summary judgment for Fortune 500 company in claim brought by former employee claiming religious and ethnic discrimination.
Securities Fraud Litigation. After the SEC discovered a massive securities fraud perpetrated by John Gardner Black and his companies, assisted with the representation of four school districts whose collective investment with Black's companies totaled $20 million.

Distributorship Litigation. Represented regional heavy equipment distributorship in arbitration proceedings involving the relationship between the manufacturer and distributor. Also represented national manufacturing company in litigation involving a bankrupt distributor.
Purchase of Surplus Land from Commonwealth of Pennsylvania. Successfully intervened in case and defended claim for preliminary injunction on behalf of local economic development corporation. As a result, client was able to proceed with multi-million dollar regional economic development plan.
Misappropriation of Trade Secrets. Represented manufacturing client in claim against former employees who started competing business. During course of representation, obtained ex parte order from court permitting seizure of defendants' computer files. Obtained preliminary injunction in the Court of Common Pleas and a permanent injunction before the National Association of Securities Dealers for securities brokerage firm prohibiting former broker from soliciting clients and using misappropriated information.
Defended manufacturing company and its president in fraud claim by minority shareholder.
Sales Litigation. Defended telecommunications network against claim brought by high-tech equipment manufacturer. The case was successfully resolved through mediation.
Public Utility Litigation. Successfully argued appeal of ruling by PUC Administrative Law Judge. PPL Electric Utilities Corp. v. Pennsylvania Public Utility Commission, 912 A.2d 386 (Pa. Commw. 2006).

University of Virginia School of Law (J.D., 1992)

Muskingum College, (B.A., summa cum laude, 1988)